To reapply with priority or not?

[Tp777]

Our own story:

We have considered your application under paragraph EC-P 1.1 of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons: (one only reason tho)

Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP 3.1 to 3.4

You have stated you intend to meet this requirement through salaried employment with your sponsor having worked for her current employer for less than 6month. I note you have submitted evidence of her previous employer (abc). However if you are using employment with a company for less than 6months, you're required to submit 12months wage slips and bank statements, so we can confirm your sponsor total income is sufficient over the last year.

I note you submitted the following evidences:
Employment letter: Provided confirming salary and start date of July'16 for abc and also xyz May '17

Wage slips: Provided for both employments abc 19/08/2016 - 20/03/2017 and xyz 31/05/17 - 30/07/2017

Bank statements confirming salary submitted for the period Dec '16 - July '17

Therefore I'm unable to be satisfied you have submitted all of the required evidence to meet this rule.

Right of appeal
You have 28days from the date you receive this decision to appeal.

Refusal under the partner rules:
In light of the above, your application is refused under paragraph D-ECP 1.3 of appendix FM with reference to paragraph EC-P 1.1 and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner routon the basis of exceptional circumstances, under appendix FM.

Meanwhile, we stated clearly we're using both salaried employment plus savings to meet the financial requirement and all evidences were submitted but its very obvious the savings part was neglected and ignored by the case officer. She had well over £25k in her savings for over a year before we applied.
Job abc was paying £17,500 and she stopped in May '17 got job xyz paying £19,800 till August '17 when we applied.
Got another job (present one) paying £19,000 in August '17 but we didn't use that as part of the application.
What I don't get is why the case officer totally ignored the savings part.

Biometric on 28 August
Settlement-Husband, Non-Priority
Decision was made Nov 17 and mail to pick my passport was on 9th Dec.

Since its obvious the ECO clearly ignored those vital docs we submitted, what can we do pls???

[seagul]

I think the main refusal reason was the lack of 12 months bank statements corresponding to 12 months payslips. A mere attachment of payslips alone are insufficient rather bank statements of the whole relevant period must be attached. I think in your case the bank statements must be from July/Aug 2016 instead Dec 16 which you attached.

[debooy2]

Ok let's assume the applicant didn't attach 12 months if bank statement? The rule also says the caseworkers can request for documents if they feel by providing documents the application will granted?

Couldn't they ask for them to provide 12 months bank statement?

[shaniHaroon]

sorry to hear that you were so close to get visa and it is very essential to send all documents and fill the application carefully. I think its our responsibilities to provide them fully document as they mention we won't be able submit any thing after once you sent the document and even you send they won't be considering as part of your application. as far you talking about that your application should be consider under the saving category so did you tick that option (i think category D) in your application,

[debooy2]

sorry to hear that you were so close to get visa and it is very essential to send all documents and fill the application carefully. I think its our responsibilities to provide them fully document as they mention we won't be able submit any thing after once you sent the document and even you send they won't be considering as part of your application. as far you talking about that your application should be consider under the saving category so did you tick that option (i think category D) in your application,

Where does it say you can't send other documents once your application is submitted?

[vinny]

21 said you may.
Moreover,

I should add one coda on this issue. Notwithstanding the formal requirements of paragraph 245AA, I would not regard it as good practice on the part of the Secretary of State deliberately to ignore additional or correcting information which in fact reaches the decision-taker before the decision is made, and which is otherwise unproblematic, only on the basis that it was not submitted with the original application. In such a case it is entirely proper for her to overlook the non-compliance; and I expect that in practice that is what she does.

Note that a spouse visa application is not a PBS application.

[shaniHaroon]

sorry to hear that you were so close to get visa and it is very essential to send all documents and fill the application carefully. I think its our responsibilities to provide them fully document as they mention we won't be able submit any thing after once you sent the document and even you send they won't be considering as part of your application. as far you talking about that your application should be consider under the saving category so did you tick that option (i think category D) in your application,

Where does it say you can't send other documents once your application is submitted?

"ALL PBS and EEA Applications - Submitting supporting documents - Submit all of your supporting documents and a set of photocopy of all documents to the enrolment clerk. You will not be able to submit further documents once your application has been submitted at the visa application centre. The documents that you submitted at the time you made your application will be the only documents that are considered."
This I've got from Gerry's website and I guess same role apply to Sheffield Office as well

[vinny]

Presumably, the Court of Appeal may regard this as bad practice on behalf of the Secretary of State.

[Tp777]

sorry to hear that you were so close to get visa and it is very essential to send all documents and fill the application carefully. I think its our responsibilities to provide them fully document as they mention we won't be able submit any thing after once you sent the document and even you send they won't be considering as part of your application. as far you talking about that your application should be consider under the saving category so did you tick that option (i think category D) in your application,

Yes we selected the category D plus salaried option but it was totally ignored by the ECO, it wasn't even mentioned in the refusal letter.

[Tp777]

sorry to hear that you were so close to get visa and it is very essential to send all documents and fill the application carefully. I think its our responsibilities to provide them fully document as they mention we won't be able submit any thing after once you sent the document and even you send they won't be considering as part of your application. as far you talking about that your application should be consider under the saving category so did you tick that option (i think category D) in your application,

Where does it say you can't send other documents once your application is submitted?

"ALL PBS and EEA Applications - Submitting supporting documents - Submit all of your supporting documents and a set of photocopy of all documents to the enrolment clerk. You will not be able to submit further documents once your application has been submitted at the visa application centre. The documents that you submitted at the time you made your application will be the only documents that are considered."
This I've got from Gerry's website and I guess same role apply to Sheffield Office as well

Notwithstanding if its not a PBS or EEA application, the fact remains that the ECO clearly ignored the savings part we included in the application.
We quite know that the salaried option won't be enough for us, that's why we decided to add the savings part which I believe is allowed.
I strongly believe most of the ECO's aren't properly trained and this has resulted in most applications denied (even tho all requirements are met).
Its really sad!

[Tp777]

Presumably, the Court of Appeal may regard this as bad practice on behalf of the Secretary of State.

I really do hope so too, though we've put in an appeal and been told it'd take 15weeks for us to know if they'd overturn their decison or thrash it out. It's really unfair considering the time and money invested here. Our wedding anniversary will be one year next month and I've been away from my wife for that long, its really unfair.
Can anyone advise on what we can do to escalate things here?

[Tp777]

Hello guys,
I had my settlement visa refused sometime November last year (financial issues as said by the ECO even though I believe we met the requirement) but that's by the way.
We appealed December last year and we've gotten a response from them that we will have to wait 15weeks to know if their decision will be overturned or thrashed out but we isn't have that luxury of time.
Now to my questions,
1. Can we leave the appeal while we reapply?
2. Depending on the answer to 1 above, can we reapply using priority?
3. Does applying using priority after an initial refusal be considered as a priority application?

I'm asking these questions so we can know our options.

Useful responses will be highly appreciated.

Thanks!

[Londoner007]

1.Yes, if you have all documents ready to apply again
2. Yes
3. Yes but still will be further checked so will be slower than normal priority

All the best

[Tp777]

1.Yes, if you have all documents ready to apply again
2. Yes
3. Yes but still will be further checked so will be slower than normal priority

All the best

Thanks for d response.
If we want to pay priority, where do we have to send the docs?
Vulcan house? Normal Sheffield P.O.Box?

[Londoner007]

PO BOX