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Spouse visa reconsideration

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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San111
Junior Member
Posts: 82
Joined: Thu May 03, 2018 9:08 pm
Jamaica

Re: Spouse visa refused. Unbelievable! :(

Post by San111 » Sun Jun 03, 2018 2:01 pm

Jedai Prince wrote:
Sun Jun 03, 2018 1:31 pm
Yes everything was send back to me including the online application form and appendix 2.
Even my spouse passport size pictures were also send back to me
I also received back all documents including passport size photos, I think you should contact your mp as soon as possible and explain the situation.

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa refused. Unbelievable! :(

Post by Jedai Prince » Sun Jun 03, 2018 2:15 pm

I Send them my payslips and employer letter stapled together . They removed the stapler and returned all the 6 payslips . I thought they must have definitely scanned them as they removed the stapler And returned them. Also the day they send me the 2 not straight forward email was the day they made the decision 😠. How come??

I will go see my solicitor on Monday and also contact my MP and raise a complaint against them. I still need advice from people here as solicitors and PMs are not always reliable. Any inputs will be of great help. If I appeal do you think I have a strong case for it to Be overturned at the appeal review stage? Thanks

San111
Junior Member
Posts: 82
Joined: Thu May 03, 2018 9:08 pm
Jamaica

Re: Spouse visa refused. Unbelievable! :(

Post by San111 » Sun Jun 03, 2018 2:20 pm

Jedai Prince wrote:
Sun Jun 03, 2018 2:15 pm
I Send them my payslips and employer letter stapled together . They removed the stapler and returned all the 6 payslips . I thought they must have definitely scanned them as they removed the stapler And returned them. Also the day they send me the 2 not straight forward email was the day they made the decision 😠. How come??

I will go see my solicitor on Monday and also contact my MP and raise a complaint against them. I still need advice from people here as solicitors and PMs are not always reliable. Any inputs will be of great help. If I appeal do you think I have a strong case for it to Be overturned at the appeal review stage? Thanks
Try all options see a lawyer,contact mp and also make a complaint. On Thursday they sent me a email stating that my appeal is in queue waiting to be review and I have not made an appeal as I’m still waiting on a decision about my application. These people working at Ukvi don’t have a clue what they are doing.

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arfinkhan128
Member
Posts: 107
Joined: Tue May 23, 2017 1:30 am
Bangladesh

Re: Spouse visa refused. Unbelievable! :(

Post by arfinkhan128 » Sun Jun 03, 2018 7:00 pm

Jedai Prince wrote:
Sun Jun 03, 2018 2:15 pm
I Send them my payslips and employer letter stapled together . They removed the stapler and returned all the 6 payslips . I thought they must have definitely scanned them as they removed the stapler And returned them. Also the day they send me the 2 not straight forward email was the day they made the decision 😠. How come??

I will go see my solicitor on Monday and also contact my MP and raise a complaint against them. I still need advice from people here as solicitors and PMs are not always reliable. Any inputs will be of great help. If I appeal do you think I have a strong case for it to Be overturned at the appeal review stage? Thanks
check this thread link below someone had there decision overturned without an appeal and was posted just yesterday. hope its helpful.

immigration-for-family-members/mailing- ... l#p1641899

Ballmigirl17
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Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Spouse visa refused. Unbelievable! :(

Post by Ballmigirl17 » Mon Jun 04, 2018 9:43 am

Hi so sorry they have done this to you.. you're not the only person!

Contact your lawyer they can ask for a reconsideration - ukvi will probably just ignore it but at least if need be you have it in writing to prove yourself.

Contact MP. depending on your MP do some research first and look at their voting record. its like a scoring points game with them. Make sure you bring the documents with you show them the payslips they have missed and show them the refusal too.

Also do make a complaint, but make sure you spell it out to them like they are 3 years old. they are incompetent and need the work done for them, and will probably come back with scripted responses standard copy and paste which is really annoying but make sure you explain exactly where they went wrong send them the documents again (scanned by email), if they refuse to speak to you or spouse threaten them with the ombudsman.

I would also advising appealing as you only have 28 days, the home office have 20 days to respond to your complaint.

These are the steps i followed and we managed to get them to review the case. But they still messed it up at review stage but now we have court on wednesday.

if you need any help putting an email together im more than happy to help.

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa refused. Unbelievable! :(

Post by Jedai Prince » Mon Jun 04, 2018 1:42 pm

Ballmigirl17, thank you for the support , I have written a letter of complaint , will go to see my solicitor now and see what he says , will get back to You after that.

I have a question to ask. Is it possible to do a pre action protocol and appeal at the same time?

What is the advantage of a pre action protocol and is is better than appeal ?

Ballmigirl17
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Posts: 181
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Contact:
Albania

Re: Spouse visa refused. Unbelievable! :(

Post by Ballmigirl17 » Mon Jun 04, 2018 2:30 pm

Jedai Prince wrote:
Mon Jun 04, 2018 1:42 pm
Ballmigirl17, thank you for the support , I have written a letter of complaint , will go to see my solicitor now and see what he says , will get back to You after that.

I have a question to ask. Is it possible to do a pre action protocol and appeal at the same time?

What is the advantage of a pre action protocol and is is better than appeal ?
I've never heard of a pre action protocol but just looked it up briefly. I asked my solicitor a few months ago about a Judicial Review and she said that some solicitor firms have abused the Judicial review process and have now been struck off, so i think maybe some solicitors would rather not go there, as there are some technicalities

from what i have just read, Pre action protocols are not often guaranteed to overturn the decision it just means they will reconsider the original decision and give themselves deadlines that they never keep to. But i am not 100% sure, best to check with your solicitor on that one! sorry i cant help more on this one :(

CaptainJack
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United Kingdom

Re: Spouse visa refused. Unbelievable! :(

Post by CaptainJack » Mon Jun 04, 2018 11:04 pm

This is very interesting and good luck with the outcome.

I personally believe that you should have kept it simple and mentioned only one employment for meeting the financial requirements, rather than making it a lot more complicated adding the other income. Secondly you should not have included and staples or paperclips, as this is written in the guidance notes (or at least the guidance note state this). Finally if you have an immigration solicitor then it may have been worthwhile to get them to proof read all of your application before submission. This is a luxury I didn't have when submitting mine, as they are too expensive!

However having said that it is very odd that they mentioned you didn't supply the payslips even though you did, with no other reasons mentioned, and so I am hopeful that the appeal will be successful!

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa refused. Unbelievable! :(

Post by Jedai Prince » Sat Jun 09, 2018 4:55 am

I send 4 complaints to 4 different address of ukvi. Got response for one email asking me to get legal advice from a lawyer and that they cannot help me. Still waiting for the other three replies, guess they are not bothered at all.

Went to see my MP, he said it's a very straightforward case and ukvi are refusing applications for simple and silly reasons these days . Anyways it was Useless seeing the MP as he said it won't help much and I should not expect much from ukvi other than asking me to appeal. Don't waste your time going to an MP. 😞

I will lodge an appeal and ask to review my case rather than taking it further down to the court. If they do then I will claim costs from them.

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seagul
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Re: Spouse visa refused. Unbelievable! :(

Post by seagul » Sat Jun 09, 2018 6:11 am

Such ill practices where HO is refusing on grounds of insufficient documents despite sufficient documents are attached seem growing especially in relation of some certain country applicants. There must be an antidot of that where HO couldn't be able to do that silly work. In my opinion easiest solution might be a signed covering letter which not only precisely explain the key facts but also give a complete summary of the documents attached. Such covering letter copy can definitely be helpful in proving that the applicant has attached the all relevant documents.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Obie
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Location: UK/Ireland
Ireland

Re: Spouse visa refused. Unbelievable! :(

Post by Obie » Sat Jun 09, 2018 1:56 pm

Jedai Prince wrote:
Sat Jun 09, 2018 4:55 am
I send 4 complaints to 4 different address of ukvi. Got response for one email asking me to get legal advice from a lawyer and that they cannot help me. Still waiting for the other three replies, guess they are not bothered at all.

Went to see my MP, he said it's a very straightforward case and ukvi are refusing applications for simple and silly reasons these days . Anyways it was Useless seeing the MP as he said it won't help much and I should not expect much from ukvi other than asking me to appeal. Don't waste your time going to an MP. 😞

I will lodge an appeal and ask to review my case rather than taking it further down to the court. If they do then I will claim costs from them.
If indeed the solicitor sent it, you can lodge a claim at a small claims court, but there is a dispute of facts which will need to be decided for or against you.

An ECM may well concede at the appeal stage, and you can make an application for wasted cost if it went on trial.
Smooth seas do not make skilful sailors

Ballmigirl17
Member
Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Spouse visa refused. Unbelievable! :(

Post by Ballmigirl17 » Mon Jun 11, 2018 9:52 am

Obie wrote:
Sat Jun 09, 2018 1:56 pm
Jedai Prince wrote:
Sat Jun 09, 2018 4:55 am
I send 4 complaints to 4 different address of ukvi. Got response for one email asking me to get legal advice from a lawyer and that they cannot help me. Still waiting for the other three replies, guess they are not bothered at all.

Went to see my MP, he said it's a very straightforward case and ukvi are refusing applications for simple and silly reasons these days . Anyways it was Useless seeing the MP as he said it won't help much and I should not expect much from ukvi other than asking me to appeal. Don't waste your time going to an MP. 😞

I will lodge an appeal and ask to review my case rather than taking it further down to the court. If they do then I will claim costs from them.
If indeed the solicitor sent it, you can lodge a claim at a small claims court, but there is a dispute of facts which will need to be decided for or against you.

An ECM may well concede at the appeal stage, and you can make an application for wasted cost if it went on trial.
Hi Obie,

I have been thinking about asking for compensation as our case was proved in court that i met the requirements, but the home office didn't turn up or submit a bundle to try and contest this (I can only presume they didn't bother because they knew they was in the wrong)

I will wait until my fiance is back on UK ground first before i claim, as i do not trust them i dont want them to delay his visa any longer than it already has been.

I was going to claim my appeal fee back and also travel expenses to and from Albania (which itself total up to £1300) and also a months wages that i lost because of losing my job. Maybe i am being unrealistic but these are all funds i would never have had to pay out had they just done the job properly.

do you think this is possible?

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa refused. Unbelievable! :(

Post by Jedai Prince » Wed Jul 04, 2018 10:01 pm

Hi guys,

I lodged an appeal also sent a complaint along with my MP letter and ukvi now asked me to send them my missing payslips. They said they will reconsider the decision and will let me know if there is a change.

I already send the missing payslips today. I am still working with my current employer. But today my employer called and told me they will change the company name but everything else will stay same. Like company telephone number , address etc..even my job will remain the same . Only thing that will change is the company name. They asked me to come and sign new contract with the new company name in a couple of days.

Do I still have to update ukvi regarding the company name change ?? or is it ok not to let them know. I am hoping they will only look at my missing payslips and not do a detailed research on my employment but I am not sure. Kindly shed some light .

Many thanks

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arfinkhan128
Member
Posts: 107
Joined: Tue May 23, 2017 1:30 am
Bangladesh

Re: Spouse visa refused. Unbelievable! :(

Post by arfinkhan128 » Thu Jul 05, 2018 4:23 pm

Jedai Prince wrote:
Wed Jul 04, 2018 10:01 pm
Hi guys,

I lodged an appeal also sent a complaint along with my MP letter and ukvi now asked me to send them my missing payslips. They said they will reconsider the decision and will let me know if there is a change.

I already send the missing payslips today. I am still working with my current employer. But today my employer called and told me they will change the company name but everything else will stay same. Like company telephone number , address etc..even my job will remain the same . Only thing that will change is the company name. They asked me to come and sign new contract with the new company name in a couple of days.

Do I still have to update ukvi regarding the company name change ?? or is it ok not to let them know. I am hoping they will only look at my missing payslips and not do a detailed research on my employment but I am not sure. Kindly shed some light .

Many thanks
That is great news you are very lucky to be given that chance to have refusal reviewed.

Submit the “apparently” missing documents precisely.

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa refused. Unbelievable! :(

Post by Jedai Prince » Fri Jul 06, 2018 3:49 pm

Thanks arfinkhan 128,

I have send them all scanned copies of payslips as attachment in PDF, these were already posted with the original application before. I Have also written in the email and explained my payslips and calculated and showed how I meet the 18600 requirement. I hope they are able to understand and grant visa this time.

Any ideas on how long it will take them to reconsider the decision??

By the way they also send me a VAF number, don't know what thats supposed to mean 🤔

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Spouse visa reconsideration

Post by Jedai Prince » Tue Jul 17, 2018 12:00 pm

Hi members,

I would like to find out some information on reconsidering of an application by Sheffield team after a refusal.

1. How long does ukvi usually take to reconsider a spouse visa application after they agree to reconsider ?

2. How likely does it lead to an application being granted or refused?

3. Is there any way I can find out about the progress of the reconsideration process?

Your inputs will be appreciated

Many thanks

Ballmigirl17
Member
Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Spouse visa reconsideration

Post by Ballmigirl17 » Tue Jul 17, 2018 2:47 pm

Jedai Prince wrote:
Tue Jul 17, 2018 12:00 pm
Hi members,

I would like to find out some information on reconsidering of an application by Sheffield team after a refusal.

1. How long does ukvi usually take to reconsider a spouse visa application after they agree to reconsider ?

2. How likely does it lead to an application being granted or refused?

3. Is there any way I can find out about the progress of the reconsideration process?

Your inputs will be appreciated

Many thanks
Hiya

it took UKVI 9 weeks to reconsider my case. There is no guarantee they will overturn it, its just a lottery if you get someone who is stupid or not and from my experience, they are all stupid. I hope your experience is different from mine.

As far as I am aware there is no time frame for a reconsider/review, and even if their was they wouldnt follow it.

My advise is to pay the 5.48 email to them to ask for an update they will most likely ask you for the following info, i have copied it here for you so you can provide it for them instead of them pissing about asking you for it.

Full Name:
Date of Birth:
GWF number:
IHS number:
Passport number:
Place of submission:
Type of Visa applied for:
Date of biometrics:
Nationality:
E-mail address used on application:
Appeal number (if you have one):
Date of appeal determination (if you have one):


Hope that helps

Apparently once they pass the info to the ecm they should contact you in 15 days, i got contacted in 8.

hope this helps

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa reconsideration

Post by Jedai Prince » Wed Jul 18, 2018 2:57 am

Thank you so much for all the help. Much appreciated!

Did the email come from Sheffield regarding reconsideration for you?

Did they ask you to send them any documents etc before reconsidering?


I received an email from sheffield asking me to send them the missing payslips as scanned attachments. The email also said once they receive the payslips they will reconsider and will let me know if there is a change in the decision.They gave me 10 working days to send the payslips. its been nearly 2 weeks now since i send them off. I will wait for another week or so them will try to email them and ask about any updates.

thanks

Ballmigirl17
Member
Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Spouse visa reconsideration

Post by Ballmigirl17 » Wed Jul 18, 2018 9:40 am

Jedai Prince wrote:
Wed Jul 18, 2018 2:57 am
Thank you so much for all the help. Much appreciated!

Did the email come from Sheffield regarding reconsideration for you?

Did they ask you to send them any documents etc before reconsidering?


I received an email from sheffield asking me to send them the missing payslips as scanned attachments. The email also said once they receive the payslips they will reconsider and will let me know if there is a change in the decision.They gave me 10 working days to send the payslips. its been nearly 2 weeks now since i send them off. I will wait for another week or so them will try to email them and ask about any updates.

thanks
No the email I got to confirm a review was being done was from the complaints department. I told them they had miscalculated all my payslips as they had them already. Unfortunately I should have sent them again, but didn't feel it was necessary considering my MP, my solicitor and the original application included everything... not to mention they have access to HMRC website. We didnt realise that they had missed a payslip... we thought they just miscalculated.


The only time Sheffield emailed my fiance was to say that because his email wasn't used on the application (it was ... another thing they messed up on) that they couldn't speak with him. Couldn't share his own information to him due to data protection laws lol you cant make this shit up its ridiculous

Yes give it a chase next week!

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa reconsideration

Post by Jedai Prince » Thu Aug 23, 2018 6:12 pm

Hi guys

After waiting for 2 months for my reconsideration HO emailed me few days ago asking me to resend my payslips all over again and I resend them the payslips so they can reconsider. I am on my holiday and Today HO called me and took my interview: The question are as follows:

Questions answered correctly:
What is your name?
What is your date of birth?
What is your spouse name?
What’s your spouse date of birth?
When did you get married?
What is the name of your employer?
What is your job role?
What qualifications you have for this job?
Are you paid hourly?
Describe Your employer address?
When did you start your job?
Why are you taking a long holiday?
Who is your manager?
Is your manager related to you or your wife?


Questions answers wrongly?
What date you last worked? I worked last on the 8th September but mistakenly told it was 9th September

When you finish your holiday? It’s actually finishes on 17th of September but I extended it to 24th September after asking my manager. My manager didn’t update it on their systems yet so it was 17th on their system. But I told Ho it was 24 September.

You are taking more than a month holiday ? How will you fulfill the 18600 requirement?
I replied I also have a second job and I make about £ 21000 from both jobs combined. I should have said £20700 instead of £21000 mentioned in appendix 2

How much do you make from your first job?
I said £18700 instead of £18750 mentioned in my employer letter

Will your wife come to uk and work for your boss?
I said excuse me could you repeate the question? Then the ho interviewer said never mind. And moved on to the next question.

Your boss doesn’t pic his telephone? I provided the HO interviewer with my boss mobile no and he said he will call my boss.

How may staff work for your company? I said my company provided staff to another company and I work in that company building and not in the building of my employer?

What is the address and description of the place you work? I described the location and address.

How many days you work? I work 7 days Monday to Saturday for my first employer and Sundays for my second employer

Did you know your escond employer was being bought by another company? I said I am not aware of it .

How many employees work in your company? I said I can only tell about the employees that work at my site and the days I work with them. I said total 4 employees. I work alone from Monday to thursdays and for Friday to Saturday to additional employees work along with me .

Asked me their names I was able to answe only 2 names and the third name I forgot and I told the third employee only works sometimes not frequent.

Then the HO interviewer said I will be told about further update in the coming few weeks and kept the phone.

Guys I am going crazy!! Don’t know what to do !! They called me during my holiday and I was interviewed inside a car while travelling to Dubai😭😭

Please let me know your thoughts ? Will I be refused visa again ??

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa reconsideration

Post by Jedai Prince » Thu Aug 23, 2018 6:16 pm

Another question they asked was my wage rate . I told them my current rate but also told that at the time I of application the wage rate was different and quoted the rate.

Jedai Prince
Junior Member
Posts: 67
Joined: Sun Dec 17, 2017 9:08 am
United Arab Emirates

Re: Spouse visa interview during reconsideration

Post by Jedai Prince » Fri Aug 24, 2018 8:45 am

Can anyone advice me kindly ?

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