Efe10

Hello all,

following a refusal of settlement visa for my wife and son on the grounds that we didn't meet the financial requirement eligibility as self-employed for the following reasons;
1 - I didn't provide a copy of my bank statement.
2 - My class 2 NIC was not included in my tax calculation summary - SA302 (this was due to a fault with the HMRC tax calculation portal).

I have since submitted an appeal with a copy of my bank statement and amended copy of my tax summary showing my class 2 NIC. The entry clearance officer had till the 4th of april this year to respond to the notice of the appeal, but still hasn't till date. The tribunal have gone ahead to fix a hearing date for the 18th of october this year, but i have been advised recently to submit a new application as this appeal will most likely fail because the reason for the refusal was not due to a mistake by the entry clearance officer.

So please advice if i should submit a new application or carry on with the appeal?

BritInParis

An appeal is only likely to succeed if your ECO made an incorrect decision based on the evidence provided. If you did not provide the correct documentation with your application then I would withdraw your appeal and lodge a fresh application. You will likely need the assistance of a competent immigration adviser to determine whether you have a case. If you have already sought legal advice and the advice was to withdraw and apply again then that's probably what you should be doing.

Efe10

PhilFromTheFuture

Yes, you can. If your new application is successful, the appeal will be withdrawn.

BritInParis

You can although there would be little point in doing so. If either application is successful then you don’t get a refund for the other.

Efe10

BritInParis

Is your son not a British citizen?

Efe10

BritInParis

In that case you'll need to lodge a separate application for him as before.

Efe10

Hello again,

I am now preparing to submit a new application for my family following above advice.
I am looking to rent a 1 bedroom flat in the coming weeks to use as proof of accommodation, will this be sufficient to meet the accommodation requirement as it will be me, my wife and my 2 years old son in this accommodation?

SanDiegogirl

As long as there is another room - living room - which can be used as bedroom then should be OK.

Efe10

Many thanks for your reply.
Will an open plan kitchen/living room suffice?

SanDiegogirl

Not ideal, but probably OK ..... if you are going to rent a one bedroom apartment then you take your chance as to whether the place will be adequate for a three person family.

Efe10

Besides a tenancy agreement, will i need a letter from the landlord as part of proof of accommodation? and what sort of documents are needed as proof of accommodation.

Efe10

A little change to the above situation, we have now received an email from "ICQAT Withdrawn Appeals" with a letter attached stating the following;

I am writing to inform you that I have reviewed the decision made on 10 October 2017 to
refuse your application. The decision is now withdrawn and your case will be
reconsidered by the Decision Making Centre.
The reason for this is
 Additional evidence was submitted with the grounds of appeal
 Bank statements
 HMRC letters
 SA302
 P45 for previous employment
We will advise the Decision Making Centre where your original application was decided.
They will contact you in due course with further information about any next steps you need
to take.
This letter is being copied to the Tribunal.

Any ideas on what could happen going forward?