Spouse Visa Refused due to Home Office Error 2018

[kindandinnocent_94]

11/2/18 Online application submitted

13/2/18 Biometrics done in Karachi (Pakistan)

19/2/18 Documents sent to Sheffield

13/3/18 received an email from
Home office requesting appendix 2 via email which apparently we missed in our documents

14/3/18 Appendix 2 sent to home Office.

9/4/18 Email received by home office in which it was informed that Our application is being prepared for consideration by an Entry Clearance Officer.

27/4/18 Email received from home office requesting the previous employment letter which we submitted the same day.

3/5/18 Message received that our processed application has been received.

VISA REFUSED

Reason:
The reason of refusal mentioned on the letter was that we have failed to submit the (appendix 2) and they’re unable to assesss my relationship with my partner.

But as mentioned we had sent the complete (appendix2)
on 14/3/18 which they completely couldn’t locate and missed to review.

Now we have 28 days to appeal against the decision of ECO amd we have submitted our appeal yesterday 3/5/18 and also filed a complaint in Home office.

After waiting for 3 months now I feel terrible and helpless that how come they ignore such an important document for our case!
I’m in serious need of Any kind of information that may help us.

Has anyone else been through any of such situations?

-What should we do now?
- How long does these kind of appeals usually take?
- What other options do we have?

[seagul]

In my opinion these errors where Home office is claiming that the applicant has attached insufficient documents has been increasing maybe in pursuit of earning twice because appeals taking ages and reapplying is costly. This is due to the applicant cannot prove easily that whether has he attached the mission document. There must be a solution be invented to prove HO that the missing document was actually sent.

[kindandinnocent_94]

Hi thanks we we attached the email proof which we had sent earlier to HomeOffice in our appeal hope it helps

[fighter130]

Bear in mind that appeal will likely take at least a year. I was in a similar situation recently and simply reapplied.

[barokut]

Best thing is, get a solicitor to help you. The solicitor will write a written statement confirming that he/she has checked all of the documents required and that there's nothing missing. That way, they (the caseworker) have nothing to say against you. Also, do make photocopies. I'd suggest to re apply despite the fact it's costly.

[Khokhar1980]

I'm also in same situation...
My case is refused due to their negligence.
Lawyer has sent all my documents .
But they refused by saying that they didn't get a single page of SA 302.
And even the enclosed letter which was from my lawyer he
Had clearly mentioned the form SA 302 on that in the list of documents which he has sent to them.
They refused after 7 months and within this period ..I..my husband and my lawyer emailed them hindered of times asking for reason of delay and if they need any other document.
Every time they replied that they are working on my file.
And after 7 months ...they refused.
I'm going for appeal with the proof of that letter which lawyer has submitted them...
Don't know what ll happen...
Actually they refuse because they know it is hard to prove that if we have sent them docs of not ....
It is so pathetic ....

[kindandinnocent_94]

Well, here comes our story of the whole process including some 'hope' in case your spouse (or any other) visa being refused recently.
Our visa was refused as per our post above but we never gave up hope despite the fact that some kind people here on this board suggested to reapply and forget about my previous refused application, I couldn't agree more because these folks wanted us to be re-united asap so I can imagine their intentions - Thanks for that.

My wife and (later on) I convinced that we should reapply and just let go of our previous application however I never gave up hope of pursuing my application which was wrongfully refused due to non competence of our beloved HomeOffice staff.
So we decided to appeal every possible avenue which includes generic (£5 rip off) email, complaints, administrative review so on and so forth but none of them even bothered to reply and mostly pointed fingures to each other to for e.g. complains department said that you should email to generic email address of homeoffice and similar case with homeOffice email address people pointed us to complain about the clerical error, well in a nutshell none helped.

I then took charge of this issue and escalated this matter to our Local MP she patiently listened to my complain and wrote on the piece of paper which then later on kindly contacted Homeoffice requested some serious competency answers.

In case I forgot to mention, during this course of chasing every governmental dept (prior to MP) we re-applied which later regretted.

we also appealed, which means £80 (papers only) down the drain.

After a month of calm and silence, I again contacted MP's office then a lady picked up my phone and promised me that she will escalate it above (within homeoffice).

After about a week or so, we received an email from HomeOffice stating that they have 'overturned' their decision and willing to issue my wife her spousal (well deserved) visa.

however, we didn't have our passport at that moment of time because we foolishly re-applied.
We contacted HomeOffice/Gerry's in pak and they both said that it will take 15workingDays though we were standing on 15th working day since we re-applied so we decided to wait till our new application's outcome concludes which I was (with the grace of Almighty - Allah) pretty sure that would come in positive.

on 43rd Working Day, i.e. around 25th (election day) of July 2018 my wife finally received call for passport collection which also conclude the story of disarrayed homeoffice.

Few things I would like to stress here which might not be the best suited for you however you can just tailor them to your situation;
> Never haste in your decision making especially when HomeOffice involved.
>Appeal at your first instance but if you think you would probably loose in the end then just don't waste anymore funds.
>All governmental departments are basically garbage though you should keep doing their head'in as they paid for this.
>DEFINITELY involve your local MP if you get your visa refused on any ground because they have special channel to contact HomeOffice and due to compliance HO would definitely respond to your MP sooner rather than later.
>Never re-apply if you are sure that your decision shall be overturned or at least you are sure about that you were wrongly refused despite submitting all documents.

Thanks for reading and any issue, please contact admins of this room they have a lot of knowledge although only relevant knowledge would be beneficial so please filter to your requirement.

Thank you.

[seagul]

In a lot of areas the MPs don't much be helpful in immigration matters.

[vinny]

However, MP's referral is necessary when escalating complaints.

[Adam2002]

I'm also in same situation...
My case is refused due to their negligence.
Lawyer has sent all my documents .
But they refused by saying that they didn't get a single page of SA 302.
And even the enclosed letter which was from my lawyer he
Had clearly mentioned the form SA 302 on that in the list of documents which he has sent to them.
They refused after 7 months and within this period ..I..my husband and my lawyer emailed them hindered of times asking for reason of delay and if they need any other document.
Every time they replied that they are working on my file.
And after 7 months ...they refused.
I'm going for appeal with the proof of that letter which lawyer has submitted them...
Don't know what ll happen...
Actually they refuse because they know it is hard to prove that if we have sent them docs of not ....
It is so pathetic ....

hi there
Same thing they told me we got refused on 27/07/18 because didnt submit Sa300,and i did submit 21 pages of my tax calc from 2016 to 2017,sa100 sa101 sa102 sa103 sa300 sa302
And when they send the bundle back it was inside
I have appealed to immigration tribunal called them today they say my bundle is gone to Birmingham immigration Chambers I'm just waiting for the court date because I've done it a paper hearing and my case it's been expedited because my wife in hospital im lucky for appeal so far only been 2 month I'm hoping I have good news in next two weeks if I was you I will appeal and take it to court in the meantime get a full time job and reapply in 6 months you can do both because what I have been told they don't like self-employed people

[barokut]

Why don't you contact your local MP to speed everythig up?

[Khokhar1980]

I'm also in same situation...
My case is refused due to their negligence.
Lawyer has sent all my documents .
But they refused by saying that they didn't get a single page of SA 302.
And even the enclosed letter which was from my lawyer he
Had clearly mentioned the form SA 302 on that in the list of documents which he has sent to them.
They refused after 7 months and within this period ..I..my husband and my lawyer emailed them hindered of times asking for reason of delay and if they need any other document.
Every time they replied that they are working on my file.
And after 7 months ...they refused.
I'm going for appeal with the proof of that letter which lawyer has submitted them...
Don't know what ll happen...
Actually they refuse because they know it is hard to prove that if we have sent them docs of not ....
It is so pathetic ....

hi there
Same thing they told me we got refused on 27/07/18 because didnt submit Sa300,and i did submit 21 pages of my tax calc from 2016 to 2017,sa100 sa101 sa102 sa103 sa300 sa302
And when they send the bundle back it was inside
I have appealed to immigration tribunal called them today they say my bundle is gone to Birmingham immigration Chambers I'm just waiting for the court date because I've done it a paper hearing and my case it's been expedited because my wife in hospital im lucky for appeal so far only been 2 month I'm hoping I have good news in next two weeks if I was you I will appeal and take it to court in the meantime get a full time job and reapply in 6 months you can do both because what I have been told they don't like self-employed people

Well...I have done appeal...
Waiting for some positive out come.
What is update at ur end.pls keep updating n guiding...in my appeal home office need to reply till January 2019. If they don't with draw their decision...I ll get court date in first of second week of January...it's been more than one year by now...I'm going through the worst time of my life...they can't even imagine that how easily home office people r ruining life...I was so depress that been to suicidal couple of times and ended in hospital...
I can feel the pain of everyone who is going through my situation..
And I'm astonished how easily they decide the fate of others and put people like me in deep hell....living hell indeed...May God give them heart and brain....Amin

[Khokhar1980]

Why don't you contact your local MP to speed everythig up?

My husband had contacted him but after refusal and our appeal was in process...so MP refused by saying that it is court matter now...even we had applied for pre action protocol which r bound to answer within 14 days but they answered me after 3 and half months and so in professionally..stating that all points raised by my solicitor r now forwarded to his colleague who is working on my appeal case and he/she ll address those points in appeal...means they don't have any intenions to withdraw appeal...
Still I'm very much positive that they ll 100 percent withdraw their appeal.
Coz they claimed I never attached as 302 and accountant letter....which was attached to my case and also provided to them in appeal again.
There is no conflict and no point of arguing the case when we have provided the documents again to them...
Still home office is home office...

[barokut]

I'm also in same situation...
My case is refused due to their negligence.
Lawyer has sent all my documents .
But they refused by saying that they didn't get a single page of SA 302.
And even the enclosed letter which was from my lawyer he
Had clearly mentioned the form SA 302 on that in the list of documents which he has sent to them.
They refused after 7 months and within this period ..I..my husband and my lawyer emailed them hindered of times asking for reason of delay and if they need any other document.
Every time they replied that they are working on my file.
And after 7 months ...they refused.
I'm going for appeal with the proof of that letter which lawyer has submitted them...
Don't know what ll happen...
Actually they refuse because they know it is hard to prove that if we have sent them docs of not ....
It is so pathetic ....

hi there
Same thing they told me we got refused on 27/07/18 because didnt submit Sa300,and i did submit 21 pages of my tax calc from 2016 to 2017,sa100 sa101 sa102 sa103 sa300 sa302
And when they send the bundle back it was inside
I have appealed to immigration tribunal called them today they say my bundle is gone to Birmingham immigration Chambers I'm just waiting for the court date because I've done it a paper hearing and my case it's been expedited because my wife in hospital im lucky for appeal so far only been 2 month I'm hoping I have good news in next two weeks if I was you I will appeal and take it to court in the meantime get a full time job and reapply in 6 months you can do both because what I have been told they don't like self-employed people

Well...I have done appeal...
Waiting for some positive out come.
What is update at ur end.pls keep updating n guiding...in my appeal home office need to reply till January 2019. If they don't with draw their decision...I ll get court date in first of second week of January...it's been more than one year by now...I'm going through the worst time of my life...they can't even imagine that how easily home office people r ruining life...I was so depress that been to suicidal couple of times and ended in hospital...
I can feel the pain of everyone who is going through my situation..
And I'm astonished how easily they decide the fate of others and put people like me in deep hell....living hell indeed...May God give them heart and brain....Amin

Any update?

[Adam2002]

We received decision from ecm overturned on the 3rd of December 2018 received IHS link on the 17th of December passport submitted 2 TLS on 18th of December still waiting to collect passport

[maninav88]

We received decision from ecm overturned on the 3rd of December 2018 received IHS link on the 17th of December passport submitted 2 TLS on 18th of December still waiting to collect passport

Hi Adam, Just like to ask you, once you received the IHS link and you made the payment, do you require any email from Home Office before submitted passport? Or can you just go and submit passport as soon as you get the IHS payment confirmation? Thanks

[Adam2002]

We received decision from ecm overturned on the 3rd of December 2018 received IHS link on the 17th of December passport submitted 2 TLS on 18th of December still waiting to collect passport

Hi Adam, Just like to ask you, once you received the IHS link and you made the payment, do you require any email from Home Office before submitted passport? Or can you just go and submit passport as soon as you get the IHS payment confirmation? Thanks

When we received IHS payment it's stated as soon as received payment confirmation print the receipt and take the passport and submit to TLS

[maninav88]

.

[maninav88]

We received decision from ecm overturned on the 3rd of December 2018 received IHS link on the 17th of December passport submitted 2 TLS on 18th of December still waiting to collect passport

Hi Adam, Just like to ask you, once you received the IHS link and you made the payment, do you require any email from Home Office before submitted passport? Or can you just go and submit passport as soon as you get the IHS payment confirmation? Thanks

When we received IHS payment it's stated as soon as received payment confirmation print the receipt and take the passport and submit to TLS

Perfect because we received our link yesterday but my solicitor is saying no we need to wait for instructions from the Home Office for requesting passport before submitting it. I don't know what to do because on our email it states the same that once IHS payment is done, submit the passport.

[Khokhar1980]

They didnt over turned my decision unfortunately and I have been given a court date in June...
My husband was self employed and first they refused my application on the basis that they didn't receive my sponsors SA 302. But in appeal we sent them SA 302 plus accountant letter which was also sent earlier..But now Visa officer refused my appeal again by saying that we didn't provide in audited accounts ...my husband asked lawyer for that but he said that it is not needed....
It is too frustrated....we were havinv thaf but HO never asked us to provide un Audited account. But now when as had got the court date, they said they ll upheld their refusal decision coz we didn't provide them un audited accounts which were actually in our hands...
Pls advice what to do next as I have no hopes with my layer...
Please request for advice....
Please...

[barokut]

Best to fight for it in court which by then you should have audited accounts ready. It'll make it easier for you to win.

[Khokhar1980]

Audited account was also ready by then....home office never ever asked us for that...nor our lawyer recommended us. My husband given those accounts to lawyer to attach with bundle but he returned them and tild him that this much is not needed. They just asked for SA 302 and we have provided them As 302 for last 5 years with bank statement and with accountant letter.
Again after 7 months they come up with another demand of audited accounts. They can at least ask us...It is some joke...
We have wasted so much money in regard to lawyer fee..home office fee...invested lot of work and energy ...And after every six months they send a refusal with new demand...
Can't they ask the documents....my lawyer keep on msging me..email them...call them...But they never ask any thing...
It is so so humiliating....so destructive...They r sucking energies...

[barokut]

In this case, contact your local mp. Make an appointment if needed. Explain everything. See how it works in your favour.

[maninav88]

We received decision from ecm overturned on the 3rd of December 2018 received IHS link on the 17th of December passport submitted 2 TLS on 18th of December still waiting to collect passport

Hi adam

Any news on getting the passport back.

[lukus]

Just remember the Director General of UK immigration's e-mail is available online, and is a viable avenue to persue when various normal options fail, or there is seemingly no other place to point to.

We got our decision overturned by contacting him (though it's typically passed on to Director General’s Office). They almost always reply same day, sometimes multiple times in a day. From the day we got our decision back, it was overturned before the window for an appeal went.

Our application being declined was due to our own mistake too, nethertheless for one of possibly two options, they were able to overturn it.

They have very strict rules and pretty much no flexibility unless it's it written in immigration law, so don't just expect something that may seem as common sense to prevail. However, my experience with UK immigration is that they are extremely respectful, kind and will try to help you as much as possible - this is not just limited to DG's office but even immigration /passport control @ the airport as per our experiences, vs other countries.

Just remember to write respectfully if choosing this option. I noticed aswell they attached an e-mail in a response (from another department) which on my phone, won't show said attachment, so keep this in mind also as it changes the response quite substantially..