So, after taking the free advice from one lawyer, and ending up with a refusal, can anyone recommend a lawyer to deal with an appeal or administritive review? They've made an assumption and accused us of deception.
Sorry for you both, I know what a refusal means, and its all the worse for trying to be honest in your application and still getting a no, im sure there are people on here that can help you with this, good luck.. I thought about appealing our refusal decision but in the end decided against it on 2 grounds, 1. no guarantee of success and 2. it would take an unknown amount of time, if i recall an appeal would be heard in a normal courtroom, and right now their is a backlog of court cases due to Covid.. so i decided to apply again whilst the TB and other requirements were still valid.
Yeah, I guess it possibly will be quicker. I did seek clarification with an immigration lawyer who sent an email stating they thought that the application was risky but an appeal would be granted without tribunal due to the wording and definition listed below. So, bit of back ground. My fiance is in Singapore, she's there on a work visa. She handed her notice in with her employer, so once that's served, she either has to find work in Singapore or return home to Philippines. She would have to find work, until we're ready to reapply. The ECO has refused based on S-EC.2.2(a) citing a false statement relating to my (sponsor) employment (they asked via telephone if we were related, we both answered no). The company director is my mothers husband - I've never been formally adopted, and my biological father is listed on my birth certificate. Subsequently, they say we do not meet the financial requirements E-ECP.3.1 to 3.1. I supplied 6 payslips, and corresponding bank statements inline with requirements for Cat A. They say am related to the company director, so are suggesting I didn't supply the required documents for Cat F, as they deem my employment to come from a specified limited company. Now, I could roll over, and meet their requirement but only if the company accountant completes all the required documents in April (CT600, company accounts, PAYE and/or VAT, lease agreement) and 12 months company bank statements, as well as 12 months personal bank statements and 12 months payslips. However, I am not related according to Appendix FM - Even if I am 'related', and by any definition I am a stepchild, then a Step Parent is not listed in Paragraph 9(a), 1. (a), 2.(ii)
From immigration rule definitions “Parent” includes (a) the stepfather of a child whose father is dead, and reference to stepfather includes a relationship arising through civil partnership; and https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction Normally used the other way round when looking at child visa's but would probably be part of their arguement.
This might help https://edmansco.com/uk-visa-refusal-appeal/I think you need to balance the cost of appeal against the cost of reapplying once correcting the refusal reasons, it looks straightforward enogh to correct
Yeah - despite the fact they're wrong, it could be quicker and easier to wait until mid - April, I've already spoke to the company accountant, and they have diarised the company accounts to be finalised as soon as the financial year ends - that would allow me to apply and meet requirements under Cat F, and satisfy them.
John that link leads to IHS, try this one https://edmansco.com/uk-visa-refusal-appeal/ I went for the reapply because the time frame for the appeal hearing was far to long and now seems to be even longer, the cost of the appeal was not exhorbitant.. Chris the ECO look for any reason to refuse, my application could have been solved by telephoning me, but they chose to refuse my wifes application thereby gaining another application fee, Jobsworths by any other definition without taking into account the untold stress and worry that a refusal often brings.
Just for an update, we got the fiance visa granted. I got a reply from the complaint I lodged and they asked me to clarify the relationship with my employer - I submitted my birth certificate and highlighted paragraph 6.2 Immigration Rules to show he is not my father, therefore I was right to apply and submit docs for Cat A - Salraried Employment. My fiance arrives 6th April
Congratulations on winning your appeal/complaint against the original decision, sometimes the ECO,s do get things wrong/right.
