Fiance visa refused

[STEVENJAG]

I agree me and my fiance were like why not just call us or e mail for sake of fifty seconds, we could of addressed is query and provided the paper we leftout, and more importantly tell him where he was going wrong, his attitude with the comment at the end sounds like typical civil servant snobbery (i know i used too be one)..not the snobby type though lol,we were shocked and so was our legal advise guy.....lets hope appeal gets passed or we are waiting 4-6 months maybe max, then if that doesnt work reapply again........7-9 month set back, but lets ope for the best...i think they do what suits then but i really think the appeal just addresses the one area you get refused so if you can cover that should go well?

[Michael Parnham]

Hope it all comes together for you Steven!

[joebloggs]

That's funny!When I asked the question if I fail to omit a document or make a mistake would that be an automatic refusal."oh no" they said to me " we would usually contact you before refusal if we see there is just the 1 item missing and usually we would give you the chance to get it to us before we could move forward with the application"

Seems like its all lies then!

there was some discretion given to the ECO's awhile back, because it was not possible to meet the requirements for certain people in certain circumstances.

if it was one important document, they could have contacted you, cant find the relevant link now, I'm at work.

[Terpe]

.......if it was one important document, they could have contacted you, cant find the relevant link now, I'm at work.

Here's what the immigration rules state:-

The onus is on the applicant to demonstrate that the financial requirement is met in their case. Decision-makers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.

And here's the statement about ECO discretion that joebloggs mentions:-

There is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant

Here are those cases:-

Including:-
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);
A document in the wrong format
or
A document that is a copy and not an original document
or
Has not submitted a specified document

There are members here who have been requested to submit missing documents before their visa was approved.

[STEVENJAG]

Im just wondering is it better too appeal and hope they see the light in early stages.....or just start again with another 800 fee too pay, again using all existing pack we sent before plus the latest payslips and bank statements too???

[joebloggs]

you could appeal but that could take up to 6 months.
if you can afford it, it probably would be quicker to apply again.
but maybe better to write a letter to the ECO manager explaining what happened and asking for reconsideration, if you don't hear anything with a couple of weeks either appeal or apply again.

[gWaPito]

Im just wondering is it better too appeal and hope they see the light in early stages.....or just start again with another 800 fee too pay, again using all existing pack we sent before plus the latest payslips and bank statements too???

Best option is give me the 800 squid and I'll prepare the appeal for you.
They've simply made a mistake. In future visa applications spell it out to them. ..it'll save all this stress.

[gWaPito]

you could appeal but that could take up to 6 months.
if you can afford it, it probably would be quicker to apply again.
but maybe better to write a letter to the ECO manager explaining what happened and asking for reconsideration, if you don't hear anything with a couple of weeks either appeal or apply again.

Sorry I didn't read your post Joe. ..others have had there refusals overturned in days ..no reason why not now. .when the ECO can see their obvious mistake they will surely reserve their decision. .who likes egg on their faces.

[bigmarco]

Sorry I didn't read your post Joe. ..others have had there refusals overturned in days ..no reason why not now. .when the ECO can see their obvious mistake they will surely reserve their decision. .who likes egg on their faces.

Trust me Gwaps they haven't got a clue. The ignored our letter of reconsideration and the ECM upheld the refusal in our appeal. It wasn't until the day before the tribunal hearing in the UK when their solicitors over here looked at it that they finally realised that they had up big time. We got the visa and an apology from the ambassadors office but that was over 7 months later.

[STEVENJAG]

Thanks for the advice, we all live and learn lol, its a learning process at least we have the ability too learn, these ecos seem like well children as you put it ha.

[STEVENJAG]

My fiances e mailed me all the forms now but not the guidance notes for the appeal, am i the one whos details we put on both page 1, and then also on page 7 (representative)???any idea....hopefully when i get through all this i can help others like ive been helped greatly on here, thanks again people!!!

[STEVENJAG]

Oh no, sorry.....maybe the egg on there face will either help and they will reverse, or theyl try and cover up there mess up....the main point im making in the appeal is tht the paperwork was one or 2 sheets light and that has now been sorted, with all new nice pieces of precious evidence for them too see and be unable too deny my financial readyness!!! My legal guy, for use he was first time around has said this should only get too early stages of appeal and then get sorted....he did everything spot on advise wise and paperwork gathering first time around, i think maybe the nature of my bank account statements confused us all, including me.....

[STEVENJAG]

Lol your probably more deserved of the bucks lol, ill go with this appeal and keep every1 posted on its outcome however long it takes......im sending it next wednesday at latest!!!! Do you pay once its in progress cant see any payment details???

[gWaPito]

Trust me Gwaps they haven't got a clue. The ignored our letter of reconsideration and the ECM upheld the refusal in our appeal. It wasn't until the day before the tribunal hearing in the UK when their solicitors over here looked at it that they finally realised that they had up big time. We got the visa and an apology from the ambassadors office but that was over 7 months later.

That was good timing Marco. .I'll give you a rep for that. ..at least Steven can have a good lol about it. .the decision is his.

[STEVENJAG]

Thanks a lot means a lot

[STEVENJAG]

hey everyone hope everyones ok?
just an update on my appeal, i submitted a postal appeal in june/july as my fiances visa was refused due too one missing part of a bank statement and the ecos misinterpretation of how my bank accouints actually work, i made what i feel a great case and included all fresh bank statements compiled simply for the said period also all new copies of wage slips ans a letter from my bank, also some new payslips and statements too compiled so a child could understand lol.
i got the letter saying they are on with it-time scale 19 weeks before they may ask for a reconsideration from eco, then if he says no, another 8 weeks too get the bundle or pack back from manila then more time too get a slot too review it in uk...wow, is this timescale due too backlogs or just too test your integrity and/or make you just reapply from scratch and spend another grand!!!!anyone know if the case is simple could this supposed time scale be reduced or will it really take so long? also xmas n new yr will delay things im sure its so frustrating...any thoughts?cheers

[bigmarco]

Hi Steven
HMCTS will forward your appeal to Manila and request that an Entry Clearance Manager looks at your application again and either uphold or overturn the refusal. If he overturns then that's great your partner will be asked to send her passport in for a visa to be issued.
If he upholds the decision then he will forward his decision to HMCTS along with a pack of documents for a hearing a copy of which will be sent to you along with a hearing date. At this point I would suggest you employ the services of a professional to help you at the hearing. Hopefully it wont get to this stage but best be well prepared if it does.
In my case the UKBA finally caved in the day before the hearing so be prepared to go the distance.
As far as the timescale is concerned we told you at the start that you were looking at about 6 months and that is looking to be accurate.
You just need to be patient at this point but I wish you well

[STEVENJAG]

Hi yes thanks for the advice, my appeal is on the grounds of paper provided so we will not be having a hearing it will just be a decision either remade in manila or if refused then they do it in the uk, but i dont have too atend any hearing i chose the other option rather than atend in person,on the understanding that the refusal was over a minor matter and easily provable with the said documents i enclosed, hope this route is the right one maybe wishing id opted for hearing in person now.........

[andy222]

All the best Steve its stressful. Keep your chin up.

[bigmarco]

Personally Steve I'd have gone for the oral hearing as I'd be much more confident in getting my point across in person with the relevant documents to hand. Good luck to you

[marksroomspain]

Personally Steve I'd have gone for the oral hearing as I'd be much more confident in getting my point across in person with the relevant documents to hand. Good luck to you

Totally agree oral hearings give you that chance to put your case across...