appeal process

Old Feb 14th 2016, 8:31 am
  #1  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default appeal process

Hi Everyone
I am completely new to this and i am in so much stress i could really do with some advise.
My better half is Brazilian and currently lives there. We want to marry and settle in the UK. We have gone through the visa process but she received a letter of refusal based on that there was insufficient evidence of my salary. I provided a contact of employment and a letter from my companies HR depot together with my P60. They said however they needed payslips and bank statements. The letter of refusal said we could appeal against the decision and I have done this and paid the £80 and supplied the original documents and now the payslips and bank statements and we are now waiting in the appeal process.
I have a worry though.
Should i have made another visa application and not gone down the appeal route?
Will the appeal route work in my circumstances?
If not can i still submit another visa application if there is an appeal process in place?
I am stress and my better half is even worse. Can anyone please help or shed advice?

Kind regards
Sankey
sankey is offline  
Old Feb 14th 2016, 9:04 am
  #2  
Home and Happy
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: appeal process

Originally Posted by sankey
Hi Everyone
I am completely new to this and i am in so much stress i could really do with some advise.
My better half is Brazilian and currently lives there. We want to marry and settle in the UK. We have gone through the visa process but she received a letter of refusal based on that there was insufficient evidence of my salary. I provided a contact of employment and a letter from my companies HR depot together with my P60. They said however they needed payslips and bank statements. The letter of refusal said we could appeal against the decision and I have done this and paid the £80 and supplied the original documents and now the payslips and bank statements and we are now waiting in the appeal process.
I have a worry though.
Should i have made another visa application and not gone down the appeal route?
Will the appeal route work in my circumstances?
If not can i still submit another visa application if there is an appeal process in place?
I am stress and my better half is even worse. Can anyone please help or shed advice?

Kind regards
Sankey
Welcome to BE.

I'll move your thread into our UK visa forum - someone there may be able to help

Last edited by Pollyana; Feb 16th 2016 at 3:57 pm.
Pollyana is offline  
Old Feb 14th 2016, 9:11 am
  #3  
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,148
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: appeal process

Originally Posted by sankey
Hi Everyone
I am completely new to this and i am in so much stress i could really do with some advise.
My better half is Brazilian and currently lives there. We want to marry and settle in the UK. We have gone through the visa process but she received a letter of refusal based on that there was insufficient evidence of my salary. I provided a contact of employment and a letter from my companies HR depot together with my P60. They said however they needed payslips and bank statements. The letter of refusal said we could appeal against the decision and I have done this and paid the £80 and supplied the original documents and now the payslips and bank statements and we are now waiting in the appeal process.
I have a worry though.
Should i have made another visa application and not gone down the appeal route?
Will the appeal route work in my circumstances?
If not can i still submit another visa application if there is an appeal process in place?
I am stress and my better half is even worse. Can anyone please help or shed advice?

Kind regards
Sankey
I suspect that, as you have an appeal in the pipeline, then a new application would just be delayed or refused. I can't see any point in doing anything till the appeal has been adjudicated.
mikelincs is offline  
Old Feb 14th 2016, 11:10 am
  #4  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

Originally Posted by mikelincs
I suspect that, as you have an appeal in the pipeline, then a new application would just be delayed or refused. I can't see any point in doing anything till the appeal has been adjudicated.
Do you think it was worth the appeal. Would I have been better off just reapplying?
What are my chances of success through appeal
sankey is offline  
Old Feb 14th 2016, 12:42 pm
  #5  
BE Forum Addict
 
michali's Avatar
 
Joined: Jul 2012
Posts: 1,221
michali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond reputemichali has a reputation beyond repute
Default Re: appeal process

You might have been better off reapplying but what is done is done. I am not sure if you could reapply and withdraw the appeal. If your payslips and bank statements existed at the time of application, you may be successful with the appeal but there is no knowing how long it will take. Payslips and bank statements are clearly a requirement in the guidelines for applications. Best of luck!
michali is offline  
Old Feb 14th 2016, 1:32 pm
  #6  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

I did not supply the bank statements and payslips at the time of application. I have sent them in with my appeal. Will they take this on board or just reject because I did not supply them originally
sankey is offline  
Old Feb 16th 2016, 6:46 am
  #7  
BE Enthusiast
 
Joined: Oct 2013
Location: Cheshire East
Posts: 588
Vadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond repute
Default Re: appeal process

It's a crap shoot. When you don't supply the required documents/evidence, the visa is refused. That's automatic, and the ECO doesn't have much discretion (if any) to ask for supporting documents.

Unfortunately an appeal takes longer than a re-application, and since the original application was correctly refused, the decision may not be overturned. All refusals have the standard language about the right to appeal, but generally, an appeal should be based on information that you provided, but was not considered, or misinterpreted.

If there's a possibility of withdrawing the appeal, you might consider doing so, then re-applying.

Good luck!
Vadio is offline  
Old Feb 16th 2016, 1:22 pm
  #8  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

I asked the visa help line yesterday and they said it depends on what form you fill in. If you state that there are other documents that you are supplying then they take this in to count. Apparently work visas there is no room for error but settlement visa do.
Is this true. It take 28 days to withdraw the visa and then re apply and may be refused on something else. But apparently they can't add to the original refusal souls you supply the correct documents. So confusing and very stressful. I'm not sure which way to go.
Originally Posted by Vadio
It's a crap shoot. When you don't supply the required documents/evidence, the visa is refused. That's automatic, and the ECO doesn't have much discretion (if any) to ask for supporting documents.

Unfortunately an appeal takes longer than a re-application, and since the original application was correctly refused, the decision may not be overturned. All refusals have the standard language about the right to appeal, but generally, an appeal should be based on information that you provided, but was not considered, or misinterpreted.

If there's a possibility of withdrawing the appeal, you might consider doing so, then re-applying.

Good luck!
sankey is offline  
Old Feb 16th 2016, 7:27 pm
  #9  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 9,620
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: appeal process

An appeal could take up to a year.

If you have ALL you other ducks in a row for the application then, withdraw the appeal and apply again.

The fact that you did not send payslips etc, sounds like you did not read the following documents which provide all the info as to what you should be sending:

https://www.gov.uk/government/upload...ugust_2015.pdf

https://www.gov.uk/guidance/immigrat...ified-evidence
SanDiegogirl is offline  
Old Feb 16th 2016, 7:44 pm
  #10  
BE Enthusiast
 
Joined: Oct 2013
Location: Cheshire East
Posts: 588
Vadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond reputeVadio has a reputation beyond repute
Default Re: appeal process

Originally Posted by SanDiegogirl
An appeal could take up to a year.

If you have ALL you other ducks in a row for the application then, withdraw the appeal and apply again.

The fact that you did not send payslips etc, sounds like you did not read the following documents which provide all the info as to what you should be sending:

https://www.gov.uk/government/upload...ugust_2015.pdf

https://www.gov.uk/guidance/immigrat...ified-evidence
Excellent advice, as usual. If the requirements are met and all required documents are provided, there no reason to think the visa will be refused 'for some other reason'. You either qualify or you don't; end of.

Read the guidelines thoroughly, assemble the required documents, and reapply. If you don't meet the requirements, wait until you do.
Vadio is offline  
Old Feb 16th 2016, 9:20 pm
  #11  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

I value everyone's advice here. You have more knowledge then me. I just don't understand that if they say they take the additional document that I supplied with the appeal into account. Why would they still refuse??
I'm looking into cost here as well as time. I'm already into my 4 th week waiting for the appeal to send a letter to the embassy asking to overturn should the docs back up my salary..I.e. Payslips and statements is all that was missing from the original application. I spoke again today with the appeal advise line and they say the same. That the missing docs from my application will be taken into account if supplied with my appeal???
sankey is offline  
Old Feb 16th 2016, 9:34 pm
  #12  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

Are they likely to say that as these documents were not present at the time of the application then they will not overturn there refusal. Or would they look at the missing evidence supplied with the appeal and decide to overturn??
sankey is offline  
Old Feb 16th 2016, 9:35 pm
  #13  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

Problem is if the visa application is not overturned then this will be a mark on her passport for future travel / stays in other country which may well happen in the future.
sankey is offline  
Old Feb 16th 2016, 9:49 pm
  #14  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 9,620
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: appeal process

Originally Posted by sankey
Are they likely to say that as these documents were not present at the time of the application then they will not overturn there refusal. Or would they look at the missing evidence supplied with the appeal and decide to overturn??

You can supply documents, which were available at the time of the application, with your appeal. i.e you had the documents at the time of the application and just did not include them - you cannot send documents with your appeal which were NOT available at the date of the application.

If these documents show that the refusal was not justified, then there is a good chance the refusal will be overturned. It's a good chance not a guarantee.
SanDiegogirl is offline  
Old Feb 16th 2016, 10:38 pm
  #15  
Just Joined
Thread Starter
 
Joined: Feb 2016
Posts: 9
sankey is an unknown quantity at this point
Default Re: appeal process

I had bank statements and payslips which is what they asked for but I did not include them at the time of application. I only supplied them at the appeal
sankey is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.