Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

[vinny]

4. APL1.4 Appeals lodged with the tribunals service

3. APL7.3 How should the appeal review be conducted

[fighter130]

Thanks, vinny! very helpful. I have provided a checklist showing what documents have initially been provided, which, I believe, should be enough to address my grounds. Also, I hope this new reviewer will check their computer because all the documents are there.

[Ballmigirl17]

Hey fighter

I must of had the same village idiot entry clearance office as you!!


We applied for a fiancé visa and was refused because I as a sponsor do not earn enough (I do!!) and that we didn’t submit bills (we did!!) yet all documents were acknowledged at the visa centre in Tirana so someone somewhere is playing games!!!

We had our decision to refuse on 13th December, imagine to keep us separated before Christmas (cruel people) and we appealed 18th December. And still waiting I am afraid

Our solicitor has asked them to reconsider as well as submitting the appeal and our MP has corrosponded with them (and had the most contradicting email back from them, a little bit like the one you have posted above!!)

I hope it works out for you and totally understand how you feel, it’s awful that none of them even get penalized for making these mistakes constantly, this is people’s lives not a monopoly game!!!

[fighter130]

Hey Ballmigirl17,

Yeah, thanks for your support! I did not believe that HO can be so...incompetent...when I read all those messages here but now I understand they are highly incompetent.

Well, now HO is aware of my appeal and they have 28 days to reassess the case. Let's see what happens next, will keep people updated.

[Ballmigirl17]

Hey Ballmigirl17,

Yeah, thanks for your support! I did not believe that HO can be so...incompetent...when I read all those messages here but now I understand they are highly incompetent.

Well, now HO is aware of my appeal and they have 28 days to reassess the case. Let's see what happens next, will keep people updated.

Hi Fighter

Incompetent doesn't even come close!!! i appreciate they are busy but common if you or me made a vital mistake like that we would be investigated in our place of work immediately!!

Our appeal was sent on 18th December, please can you advise what date you sent yours ? and how did you find out if they had received it?, we have heard nothing back from them since (neither has our solicitor)

In the letter to the MP they hadn't mentioned about receiving the appeal so my MP forward it to them again.

Please let me know your outcome, i hope its a good one!!

[Katie_France]

I did not believe that HO can be so...incompetent...when I read all those messages here but now I understand they are highly incompetent.

Personally, I think they are not incompetent, but they do that on purpose to keep up with their rejection stats... Noone will ever be able to check it anyway, and no one will punish them.

[vinny]

Perhaps also because the rules are too complex?

[Ballmigirl17]

Perhaps also because the rules are too complex?

Hi Vinny

what if they dont follow their own rules?

[fighter130]

Our appeal was sent on 18th December, please can you advise what date you sent yours ? and how did you find out if they had received it?, we have heard nothing back from them since (neither has our solicitor)

In the letter to the MP they hadn't mentioned about receiving the appeal so my MP forward it to them again.

Please let me know your outcome, i hope its a good one!!

It usually takes around a month for the Tribunal to register your appeal. You can email them customer.service@hmcts.gsi.gov.uk and ask about the status of your appeal. Once they register your appeal, you will get an notice of pending appeal and HO will be notified about it as well.

I do not know who they conduct this review but I do not expect a lot of sanity and think it is highly likely I would have to apply again, don't want to wait 1 year +.

[vinny]

Perhaps also because the rules are too complex?

Hi Vinny

what if they dont follow their own rules?

Unfortunately, with the removal of

(a) that the decision is not in accordance with the Immigration rules

as a ground for an appeal, caseworkers may lack an incentive to make a decision in accordance with the immigration rules?

[fighter130]

Unfortunately, with the removal of

(a) that the decision is not in accordance with the Immigration rules

as a ground for an appeal, caseworkers may lack an incentive to make a decision in accordance with the immigration rules?

Does it mean there is no point to appeal and we are all better off reapplying?

[vinny]

Appeals may consider Human Rights grounds and proportionality, etc.

[fighter130]

Appeals may consider Human Rights grounds and proportionality, etc.

HR, in my opinion, is very limited and restricted, in most cases there would be no HR grounds. Besides, they always consider HR during the actual application, and, in my case, they did not find any HR ground to justify granting me a entry clearance.

I do hope that the documents we submit are in the system and they do not remove them on purpose to claim I have not submitted anything.

[fighter130]

I did not believe that HO can be so...incompetent...when I read all those messages here but now I understand they are highly incompetent.

Personally, I think they are not incompetent, but they do that on purpose to keep up with their rejection stats... Noone will ever be able to check it anyway, and no one will punish them.

Well, this is partially true. The whole idea behind the change in 2012 to Family visas was to reduce migration. Funnily enough, net migration never reduced and those people, who defraud HO (fake marriage, fake employment, etc) - they get all visas without any troubles. If you approach HO clean and with open hands - you are rejected because HO is not bothered who good you are, etc.

[Katie_France]

Funnily enough, net migration never reduced and those people, who defraud HO (bad quality marriage, bad quality employment, etc) - they get all visas without any troubles. If you approach HO clean and with open hands - you are rejected because HO is not bothered who good you are, etc.

Sad truth and moreover you are punished financially. Who would wish to be stuck for 6month-2 years in limbo of appeal? I guess no one, and that’s why everyone who can afford pays more money

[fighter130]

Sad truth and moreover you are punished financially. Who would wish to be stuck for 6month-2 years in limbo of appeal? I guess no one, and that’s why everyone who can afford pays more money

Yeah, another way to make money. I have seen quite a few people here, who decided to go until the end and yes, it took them a bit more than a year. However, in my case the refusal was exceptionally stupid, so I hope the reviewer will realise it soon. On top, it is possible to reapply, get a visa and carry on with the appeal.

[Katie_France]

Yeah, another way to make money. I have seen quite a few people here, who decided to go until the end and yes, it took them a bit more than a year. However, in my case the refusal was exceptionally stupid, so I hope the reviewer will realise it soon. On top, it is possible to reapply, get a visa and carry on with the appeal.

Your appeal will be withdrawn at the moment you get a decision on your new application

[fighter130]

Your appeal will be withdrawn at the moment you get a decision on your new application

Can you please support it with some sort of legal source?

[fighter130]

Got IHS refunded. Not sure whether this is a good sign or not. Still waiting for a review's outcome.

[Katie_France]

Can you please support it with some sort of legal source?

fighter 130, sorry for late response.

https://www.gov.uk/government/publicati ... ures-apl01

20. APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop.

[fighter130]

fighter 130, sorry for late response.

https://www.gov.uk/government/publicati ... ures-apl01

Thanks but I think you can still chase HO for the costs post appeal.

[fighter130]

Do I understand correctly that now I need to wait for around 15 weeks for HO to get back to me? There is a small para on the notice of pending appeal, which states HO has 28 days to come back to me explaining the reason for the refusal. This is very confusing, would appreciate if anyone could clarify this a little bit.

[Katie_France]

Sorry to disappoint you fighter130, but I don’t think you will be able to chase HO for money.

1) The tribunal service has 28 days to inform the visa section that the appeal has been received
2) on the receipt of the forms from tribunal ECO reviews your application. If they decide to uphold the decision, they should send the appeal bundle within 12 weeks.
3) on receipt of the appeal bundle the Tribunal will schedule you a hearing (takes around 56 days, but can be longer)

[Ballmigirl17]

Sorry to disappoint you fighter130, but I don’t think you will be able to chase HO for money.

1) The tribunal service has 28 days to inform the visa section that the appeal has been received
2) on the receipt of the forms from tribunal ECO reviews your application. If they decide to uphold the decision, they should send the appeal bundle within 12 weeks.
3) on receipt of the appeal bundle the Tribunal will schedule you a hearing (takes around 56 days, but can be longer)

The tribunal has had my appeal for more than 28 days, they have had since just before Christmas, its now ending of February and I asked the courts do they have the appeal they said yes and that they are waiting to send it to home office. From what I understand there is a long line of appeals being sent to the Home office for a review. basically just on a whos next basis

[Katie_France]

The tribunal has had my appeal for more than 28 days, they have had since just before Christmas, its now ending of February and I asked the courts do they have the appeal they said yes and that they are waiting to send it to home office. From what I understand there is a long line of appeals being sent to the Home office for a review. basically just on a whos next basis

Ballmigirl17, I think the Tribunal will be awaiting for the response from the HO (review), which will be 12 weeks, and only after that, they will schedule your hearing...