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A decision has been made

Discussion in 'UK Visa and Immigration Help' started by Kuya, Nov 27, 2012.

  1. Micawber
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    Micawber Renowned Lifetime Member

    Kuya,
    I just got back from an emergency trip to Philippines and read your visa application result.
    I am truly sorry that the result was not what you and Joy had hoped for.

    At the same time I have to be very hard and say that given you went ahead with what was a non-compliant application I'm not surprised.
    I warned you not to go ahead with a non-compliant application.

    Anyway, that water under the bridge now.

    In my personal opinion you need to decide which route to take:-

    - prepare to re-apply with a fully compliant application
    or
    - push ahead with a very weak appeal

    As I mentioned to you before, the appeals process is an extremely long and drawn out process. Timescales will be measured in months and will most likely be 6 months minimum before you receive any hearing date.
    Full details of the appeals process will be inclused with the UKBA refusal letter. You and Joy will need to decide on a 'papers hearing' or 'oral hearing' and submit the appeals forms within the time limits given. There are pro's and con's for each type of appeal and you should carefully review which one suits you best.
    At the same time the official appeals system move on you are able to write a letter to the ECM requesting a re-consideration and the reasons why you feel the ECO's decision was made in error. Do be awrae that the ECM is under no obligation to read or respond to this letter.
    Part of the appeals process will include a formal request to the ECM for reconsideration of your case. This may take up to 6 months.

    Kuya, I strongly urge you to very seriously consider the 2 basic options.
    If mistakes have been made or if discretionary judgements were questionable (given submitted evidence) then an appeal stands a good chance.
    If the application was non-compliant according to immigration rules then any appeal would stand much less of chance to see decisions overturned, and would certainly be strengthened via a good 'advisor' at level 3 and with good caselaw.

    No offence intended
  2. Mystica
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    Mystica Active Member

    When my husband applied for a spouse visa in Doha Qatar last 2009, it was first denied :frust: but we appealed and submitted 6 months bank statement and a letter from his sponsor stating he is earning £36,000 annual and we only have £9,000 to receive gratuity from his company. I was worried when my spouse visa was denied as my husband's contract is finished and so we decided to all go back to UK. Both our children are British passport holder since birth so why did they deny my visa? :rolleyes: We then found out that there's no bank statement submitted with our application but just a letter from the employer stating he will receive some money by the end of his services. After we submitted the bank statement they've noticed we have grown up children with us and so the interviewer asked how long we've been married? :erm: When they heard we were married for 14 years they look at each other and say there must be a mistake with your visa being denied! :erm: so they admitted that it should have been approved from the beginning but some of them don't througroughly check the information submitted on the application. :(

    I am just glad all the processing went well after I have lived here for 3 years! considering my husband is not living with me here in UK as he went back working in Middle East and leave the kids with me and only come home every 3 months, things went well and its a big releif that I don't need to hold my breath anymore! I have passed the spouse visa after 1 year period, indefinite leave to remain for 2 years followed by citizenship, then passport interview and now British passport holder! YAY! :like:
  3. Mystica
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    Mystica Active Member

    The reason they want to know your income is for you to be able to support your wife financially without depending on the government, as spouse visa are not entitled for any benefits but after 2 years of having indefinite leave to remain you are pretty much entitled for benefits and it will not affect your application with citizenship. ;)

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