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Got visa rejected, probably the wrong type was considered, what to do next?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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veryconcerned
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Got visa rejected, probably the wrong type was considered, what to do next?

Post by veryconcerned » Wed Apr 18, 2018 7:31 pm

Hello everyone!

Just got a letter of rejection for the Tier 2 dependent visa application. Here is the relevant part:
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:
...

Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP
of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10 for the
reason(s) set out below:
- Your sponsor is a Tier 2 (General) migrant. You have submitted his British residence
Permit to confirm this. I am therefore not satisfied that your sponsor is present or settled
in the UK or being admitted for settlement on the same occasion as you. I therefore refuse
your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.
(E-ECP.2.1)
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
If I understand it correctly, the application was considered as if I (the sponsor) would be a British citizen or had an ILR. This may had happened in two ways:
  • either it was an ECO's mistake
  • or it was ours, because the previous webform was extremely confusing in its visa types and we might have selected the wrong type of spouse visa.
What's the best course of action now? Does it make sense to appeal, contact the home office somehow, or should we just consider the fee waisted and reapply from the scratch (redoing a ton of documents as they became too old at this point)?

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Casa
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by Casa » Wed Apr 18, 2018 7:36 pm

Did you submit a copy of your passport, or just your BRP?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by vinny » Wed Apr 18, 2018 7:43 pm

When you applied online, which options did you choose?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

veryconcerned
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by veryconcerned » Wed Apr 18, 2018 8:01 pm

Casa wrote:
Wed Apr 18, 2018 7:36 pm
Did you submit a copy of your passport, or just your BRP?
I submitted both a notarized copy of my passport (to be clear, I'm a Russian citizen so it was a Russian passport) and BRP
vinny wrote:
Wed Apr 18, 2018 7:43 pm
When you applied online, which options did you choose?
I'm not exactly sure because it was 3 months ago and the current form looks different, now the link from that page leads to a page that has just two options (PBS dependent). The previous one (that was in effect when we submitted the application) had a lot of orange in its design and an extensive nested dropdown maze. I believe there was something about "spouse" and "settlement".

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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by CR001 » Wed Apr 18, 2018 9:14 pm

What fee did you pay in £££?

If you applied for a spouse settlement visa, then the refusal would be correct.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

veryconcerned
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by veryconcerned » Wed Apr 18, 2018 9:39 pm

CR001 wrote:
Wed Apr 18, 2018 9:14 pm
What fee did you pay in £££?

If you applied for a spouse settlement visa, then the refusal would be correct.
About £1400 I believe.

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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by vinny » Wed Apr 18, 2018 10:10 pm

Compare the fees.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

veryconcerned
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by veryconcerned » Wed Apr 18, 2018 11:26 pm

Looks like I indeed paid for the settlement visa, which is the wrong type as it seems. Oh dear.

However, I can't see Tier 2 (General) dependent there either. How come? What do I miss there?

Also, do you think there is any way to alleviate the mistake? Or is it re-application only?

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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by CR001 » Thu Apr 19, 2018 5:11 am

Reapply.

Categories to select is :

Work
>>tier 2
>>>partner up to 3 years (or more than 3 years)
Char (CR001 not Casa)
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by CR001 » Thu Apr 19, 2018 5:18 am

Tier 2 dependent is £610.

https://www.gov.uk/tier-2-general
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

veryconcerned
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Re: Got visa rejected, probably the wrong type was considered, what to do next?

Post by veryconcerned » Fri Apr 20, 2018 7:21 pm

CR001 wrote:
Thu Apr 19, 2018 5:18 am
Tier 2 dependent is £610.

https://www.gov.uk/tier-2-general
Thanks a lot, will reapply!

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