Spousal visa refused: Should we Appeal or Reapply?

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Spousal visa refused: Should we Appeal or Reapply?


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Old 20th June 2013, 07:13 PM
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Default Spousal visa refused: Should we Appeal or Reapply?

Hi all,

We've suffered a bit of a set-back. We applied for a spousal visa for the UK in Cape Town, South Africa. Last week we found out that it had been refused due to not supplying enough evidence of the sponsor's employment and wages etc so therefore (in their eyes) we didn't meet the Financial Requirement. We met all the other criteria. This happened despite employing immigration lawyers in Cape Town to help us with our application.

We know we fit the Financial Requirement and we can produce all the documents needed, but what we'd like advice on is should we:

a) Appeal the decision and wait the long time for that (up to 6 months I've been told?)
or
b) Re-apply from scratch and wait about 2 months for the decision.

Money is not an issue for us, so we're prepared to pay the full fee again.

Advice?
Thanks!

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Old 20th June 2013, 07:24 PM
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In my opinion if you can appeal then do so. Because you've been refused visa, if you do a new application then you have to put on the app that you have been refused visa before and details why it was refused. Then it might take a bit longer because UKBA will have to open your file to see why you were refused the first time.
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Old 20th June 2013, 07:30 PM
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Quote:
Originally Posted by Talon48 View Post
Hi all,

We've suffered a bit of a set-back. We applied for a spousal visa for the UK in Cape Town, South Africa. Last week we found out that it had been refused due to not supplying enough evidence of the sponsor's employment and wages etc so therefore (in their eyes) we didn't meet the Financial Requirement. We met all the other criteria. This happened despite employing immigration lawyers in Cape Town to help us with our application.

We know we fit the Financial Requirement and we can produce all the documents needed, but what we'd like advice on is should we:

a) Appeal the decision and wait the long time for that (up to 6 months I've been told?)
or
b) Re-apply from scratch and wait about 2 months for the decision.

Money is not an issue for us, so we're prepared to pay the full fee again.

Advice?
Thanks!
First off, are you 100% sure that you meet the financial requirement? If it helps, feel free to type out the exact wording of your refusal letter and we can ensure you supply the correct documents.

If money is not an issue for you, you will get a faster response by re-applying. It can be slightly longer that your first time around, as once you have a refusal on your record further applications are scrutinised harder. Appealing is almost always a slower process, though I don't believe it would affect your future visa applications in the same way if your appeal is allowed.

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Old 20th June 2013, 08:24 PM
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Hi,
Yes we're certain that we fulfill the financial requirement. The exact word for rejection is:

Quote:
You have not provided specified evidence as evidence of your sponsor's gross income from their employment, such as:

A letter from the employer(s) who issued your sponsor's wage slips confirming:

(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary replied upon in the application; and
(iv) they type of employment (permanent, fixed-term contract or agency).
As part of the original application, we submitted the sponsor's work contracts which does actually contain all of these details so I'm very upset that the visa was rejected because there wasn't a letter submitted which explicitly stated these details rather than just looking at the contracts!

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Old 20th June 2013, 09:01 PM
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The letter, like the contract, is specified evidence.

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Old 20th June 2013, 09:43 PM
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Quote:
Originally Posted by Talon48 View Post
Hi,
Yes we're certain that we fulfill the financial requirement. The exact word for rejection is:



As part of the original application, we submitted the sponsor's work contracts which does actually contain all of these details so I'm very upset that the visa was rejected because there wasn't a letter submitted which explicitly stated these details rather than just looking at the contracts!
The contract and the letter of employment are 2 different things and both are required.

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Old 20th June 2013, 10:11 PM
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In that case, we might go for the reapplying route instead. It's easy for me to get the letters from my current and previous employers, then we'll just need to provide more up-to-date payslips, bank statements etc

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Old 17th August 2014, 06:33 PM
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Originally Posted by Talon48 View Post
In that case, we might go for the reapplying route instead. It's easy for me to get the letters from my current and previous employers, then we'll just need to provide more up-to-date payslips, bank statements etc
HI Talon,

Could you give some update for your case please? Did you make a new application or appeal and how long did it take to have an outcome?

Im in the same boat as you were, got my FLRM application refused because HO didn't satisfy with our financial evidences we provided at the date of application.

For my case, I applied in Jan 2014 and it was pending because financial requirement was considered not met (my job offer in Feb was not considered, and they only considered my partner's income, which was below financial threshold). We also have sufficient cash saving to cover the short of my partner's income, but didn't declare that. So now in August, we have met the requirements both by cash saving + income or income (both of us have been in employment for 6 months).

I dont know if I should make a new application (means temporarily loose my right to work as previous visa has expired) or appeal (might still have right to work? - can anyone advises?) - And how long does it take? I don't mind about the cost as getting a solicitor for appeal would cost the same as making a new application

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