Spouse visa refused and appeal steps

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Spouse visa refused and appeal steps


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Old 2nd March 2013, 04:46 PM
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Default Spouse visa refused and appeal steps

Hi

I was wondering if anyone could help me?
Yesterday I got the horrible news that after 4 months of long drawn out waiting (we submitted on 29/10/12) that my husbands visa application has been denied. I am really shocked about the decision as I was really confident he would get it with no issue - more fool me!

Basically there are two prongs to the refusal as follows:

ECOs reason for refusal
Your sponsor (me) is required to give a written undertaking to be responsible for your maintenance and accommodation paragraph 35 of the immigration rules (Form SU07/12) but has failed to do so, having submitted a letter of support only. I therefore refuse your application under paragraph EC-P 1.1(c) of Appendix FM of the immigration rules (SEC.2.4)

Financial requirements
ECO reason for refusal
Your sponsor is not exempt from the financial requirements as defined in paragraph E-ECP 3.3. You have not provided specific documents as evidence of your sponsors gross income from their employment as follows, a letter form their employer containing all the required information as detailed in Appendix FM-SE, a contract of employment in your sponsors name, bank statements for the period corresponding with the payslips submitted with your application. You have failed to provide the specific documents specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P1.1 (d) of Appendix FM of the Immigration rules (E-ECP 3.1).

I went to see a immigration lawyer yesterday in a massive panic about what to do. He informed me that the first part form request is moot as the form is only required for parent applications. I showed him the cover letter I sent, which clearly specifies in detail about supporting and maintaining spouse as well as lots of detail on accommodation. In addition my parents, whose house we'll be in, gave a letter of support and plenty of other evidence etc. According to him this was more than enough and covers everything needed.

The second part is less clear. I submitted 6 months wage slips, p60 and letter from employer saying 6 continuous years with NHS, my pay level, payroll details, why I'm a good employee and start of contract with hospital. But I did miss out on letter ni number, gross annual salary and how long I have been earning the wage I put down. I earn £33000, for the last 3 years, plus extra income from self employment work. I submitted 6 months of bank statements plus 6 months of saving account statements and self employment receipts. The problem is, here as well I didn't read the fine print and stupidly one of the wage slips isn't shown paid into the bank on the statement I submitted i.e. bank statement ran from May to Oct and wages from April to Sept (Oct slip from work wasn't available when I submitted). I also didn't submit a contract as I wasn't aware it was required.

Basically I could cry over my carelessness but I honestly didn't see some of the fine points among the reams of information - plus I was organising my wedding at same time

The lawyer said there is no point appealing and just submit a new application but I was under the impression that lots of people appeal and that if get the bank statement, contract and new employer letter I can appeal with those? What should I do, have read plenty of horror stories of 6 months + waiting times but also heard of two week turn rounds with positive results! would really appreciate any information/advice. Lawyer did say the application was one of the strongest he'd seen and should never have been turned down................

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Old 2nd March 2013, 05:06 PM
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Hi I am so saddened for you this news Is just the worse ever
It looks like your husband has been refused a bit unfairly. I know it is the applicants responsibility to provide the appropriate documents but the ECO could easily have requested the SU07 form which I understand isn't required for spouse settlement visas.
The missing contract and bank statements should have been included however which has lead to this decision.
I am not an expert in immigration matters but I am to understand that you can appeal this decision if you can provide the missing documents. This however is a looooooong process, belv me I know
A fresh application with all the correct documents Is also another option..
I really just wanted to say I understand how you are feeling today and the devastation caused by a rejected application especially when u feel it has been a harsh decision.
Good luck with whatever you decide and I'm sure someone with proper advice will post soon x

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Old 2nd March 2013, 05:24 PM
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I'm so sorry about your refusal I know how it is to wait for something so long We have been waiting for 9 months just to qualify for applying I'm so sorry you have to deal with this before your wedding, but I'm sure you will get through this!

I really can't say anything about the reasons for refusal, but I found this on the UKBA website, it's Appendix FM - SE:

D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State ("the decision-maker") will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b) or (e) applies.
(b) If the applicant:
(i) Has submitted:
(aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing);
(bb) A document in the wrong format; or
(cc) A document that is a copy and not an original document; or
(ii) Has not submitted a specified document,
the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received by the UK Border Agency or Border Force at the address specified in the request within a reasonable timescale specified in the request.
(c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons.
(d) If the applicant has submitted:
(i) A document in the wrong format; or
(ii) A document that is a copy and not an original document,
the application may be granted exceptionally, providing the decision-maker is satisfied that the document(s) is genuine and that the applicant meets the requirement to which the document relates. The decision-maker reserves the right to request the specified original document(s) in the correct format in all cases where sub-paragraph (b) applies, and to refuse applications if this material is not provided as set out in sub-paragraph (b).
(e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant.

I sincerely hope you will succeed, best wishes!

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Old 3rd March 2013, 11:23 AM
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Really appreciate the kind words and advice! Its so helpful to hear from people who can appreciate and explain the situation, I just feel so downhearted about it all but people on here are amazing

Few questions:

1. So the UKBA guidance says that the ECO could have asked for the missing information but I guess in reality they never write and ask?!

2. From what I understand of the appeal process, the initial review of the case by someone senior to the ECO can be the point where the decision is overturned before the court part? Is it possible to withdraw the appeal if that part isn't successful as I gather its the court process that takes 6 months +++

3. Will it matter that the new employer letter that I get will be dated from now i.e. post decision?

4. I saw on some other posts that the wage slip should not be more than 28 days older than the date of application, so the last payslip in my set of 6 was from 21.09.12 (Oct slip came out when I was half way round world getting married) and we submitted on 29.10.12 - is it better to submit Oct one also and Bank statements to match that payment as well as the earlier banks statements to match the 6 payslips I already submitted?

Thanks so much

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Old 3rd March 2013, 11:43 AM
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UKBA always used to ask for missing documents, but since all the staff cut-backs and bad publicity, it seems they've stopped this. After all, a 'refused' case is another case closed, which in turn is another statistic bringing down the count of outstanding cases. We've seen several refusals based on missing documents that subsequently went to appeal where the decision was overturned.

I don't know if they will be considered, but if your replacement employer's letter puts right a reason why you were refused, I'd be inclined to include it, along with the missing pay-slip and bank statement for October.

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Old 3rd March 2013, 12:58 PM
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What it means is, when you are missing for example 1 payslip in a series of 6 (for category A), IF all the other aspects of your application are impeccable, then they will ask for it. IF you are missing 1 payslip, 1 bank statement and an employment contract, then they refuse the application, since the ECO does not believe that the application will be successful (you are missing 3 documents, not 1).
Again, very sorry about what happened, I hope that you can get the ECO to overturn his decision. Best wishes!
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Old 6th May 2014, 01:34 PM
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I'm so sorry to hear that. We're bracing ourselves for a similar response tbh.

I'm actually missing a fair amount of my payslips as I was paid weekly in my old job, but I have included the six months of bank statements, P60 and a pay statement detailing every incoming wage packet. Do you think that will be enough?

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