Settlement Visa Appeal

[LD_boy]

Hi all

I hope this is the correct place for my question.

My wifes settlement visa has just been denied on that I (stupidly) missed including 2 documents in the application

I did include a bank statement but it was missing 3 weeks that I did not notice. I gave 1 years of pay slips and a letter from my employer stating that I have worked there for 30 years. I included all my marriage details, certificates, my etc but failed to include my decree absolute from a previous marriage 17 years ago. Needless to say we are gutted.

We are debating whether to appeal or reapply or even appeal and reapply at the same time. I know the appeal can take a long time but also read hat some cases have been dealt with quite quickly.

I have looked through the appeal form IAFT-6 and it asks me "Please explain which article of the Human rights Act you are appealing under and give reasons to support your claim"

What article am I appealing under?

Your help would be very much appreciated.

Thanks

[seagul]

If you have been with your employer from 30 years then you should have applied under category A where only 6 months of payslips & bank statements need. Always be careful in supplying correct & complete documents because caseworker love to find anything missing.

[LD_boy]

Thank you for the reply.

They certainly did not hesitate not to get in touch with me or my wife. I do understand that they are very busy but a phone call explaining the problem would stop a whole lot of bother all round.

We have decided to appeal on Article 8 of the human rights convention that we have a right to live together as a family.

If the appeal fails we will apply again.

[LD_boy]

I'm struggling a bit with the wording to answer this on the IAFT_6 appeal form

"Human Rights Decision
1. Please explain which article of the Human rights Act you are appealing under and give reasons to support your claim."

I was going to answer

"Under Article 8 of the Human Rights Act everyone has the right to respect for his private and family life, his home and his correspondence. I think the documents that we have provided give evidence that ,...... " and so on

Has anyone any recommendations on how I should start this answer

Thanks

[CR001]

You failed to submit a complete bank statements covering the whole 6 months and the mandatory divorce document to prove you were free to marry.

It will be quicker to reapply than appeal, but your choice if you want to appeal.

[Katie_France]

LD_boy, it can sound harsh, but you should rather not waist your time. If you forgot to include the documents they will most probably say that it’s your own fault. It’s better to reapply.