TimCypher

In that case, based on what you've said, this appears to be a Home Office error.

I'd go speak to your MP as soon as you can. This does seem pretty clear-cut and maybe it'll get turned around quickly.

Really nervous about my own application now...

Dannigao

Hi greenwells

The same thing happened to my husband's application too.

greenwells

I have contacted three Immigration solicitors in London who are highly rated on www dot legal500 dot com
Two of them advise that the appeal/review will cost £2000 in legal fees and estimate around 10 months to 1 year turnaround. They say there is no set procedure for visa decisions to be reviewed and it is not defined at all. They also mentioned that if Sheffield does not respond to an appeal it will then go to the courts costing more money and time. And even if you do a review you can easily be refused after 10 months of waiting.

One solicitor advised that I should disregard what the ECO wrote in the rejection letter as they do not explain clearly. He says the real reason for rejection is that the job in UK must be for 6 months minimum. So he recommend to wait till my contract is 6 months complete then reapply.

So it seems quicker and cheaper to reapply.

AnxiouslyAnxious

Dannigao

Hi greenwells.

We are in the same boat.

I called some Immigration solicitors too today, they told me as same as you heard.

I have already contacted my MP office, his assistant asked me to send all documents to them, then he will arrange an interview for me and MP. face to face talk.

The following is the similar case as ours (I am going to do the same), good luck for you:

Originally Posted by veryan
Dear All

I wanted to share my experience with you so that maybe you'll find some hope in it.
I applied for my spouse visa in January this year and it was rejected in April, literally on the 60th working day.
The refusal letter was a template of what they send everyone and did no make any sense, it was clear that they had not looked at the evidence I had sent. they said I didn't meet the financial requirement although we very clearly did as per their own guidance.
I went to the consulate office in my country, they really couldn't help, the consul tried to make some calls but to no avail, I showed her all the evidence and she agreed with me in that we did meet all the requirements.
In an act of desperation I called our local MP and asked for help,
I sent a very very thorough complaint letter to he HO with the MP in copy, the letter rejected the refusal point by point, I made sure that on every single rejection point I quoted both the guidance and the paperwork I had sent and that I needed a very clear response as to why the evidence provided had neither been acknowledged nor dismissed. the MP then followed up with the HO, I must have sent 10 complaint letters, calls, I mean you name it, called the MP's office 3 times a week, finally, 1 month later, the decision was overturned. They revised and looked at everything and realized I had submitted all of the evidence and that we met all of the requirements. Please bare in mind, we were not asking for exemptions and that we had submitted EVERYTHING, we didn't miss one single document, the problem was that the Case worked missed some of the evidence and refused us based on that.

After almost a year of being separated we finally have a travel date.

I wanted to share this to bring hope to so many of you whom I expect are going through the same ordeal, if you know and are 100% sure you sent everything than don't give up, your local MP will support you if you have the truth on your side!

good luck to everyone, and I hope you are able to reunite with your love ones soon!

SanDiegogirl

The solicitor is talking 'tosh' with regards the statement "he says the real reason for rejection is that the job in UK must be for 6 months" You applied under Cat B - resident in UK, using your current employment in UK , PLUS your income for the immediate 12 months previous

Cat B specifies:

First, where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the Appendix FM 1.7: Financial Requirement August 2017 25 financial requirement. There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it.

Second, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:  The gross amount of salaried or non-salaried employment income of the applicant’s partner (in the UK or overseas) and/or the applicant (if they are in the UK with permission to work);


You said that you complied with these conditions and had provided all documentation. So you should have been eligible.

I WILL agree with the solicitors that an appeal can take up to 12 months and can be costly. However others on forum HAVE complained etc where they are certain their application has been wrongly refused.

If you do not want to go the route of complaint/admin review, then, yes, you wait until you have been in the job for 6 months and re-apply under Cat A

SanDiegogirl

YOU are not in the same boat as greenwell. You have been given a specific reason for refusal - under S-EC2.2. The information you presented for one of your jobs has not been accepted

greenwells

I have sent an email to my MP and also a complaint email to the Home office.

I am confused as to the difference between an administration review and a tribunal appeal

The administration review is on this link (got from sandiegogirl)
https://www.gov.uk/ask-for-a-visa-administrative-review

Tribunal appeal is on this link (got from my visa refusal letter)
https://www.gov.uk/immigration-asylu...outside-the-uk

TimCypher

That's a good start.

I think you're doing the right thing chasing this up with your MP. On the face of what you posted yesterday, you have not made any errors in your application and you have been refused unfairly.

I'd try and get a face-to-face with the MP if you can - take along your refusal letter and the documents you submitted, especially the 'missing' employment confirmation letter. Then explain that the only reason your application was rejected was due to a missing document that you did in fact provide. Then see what your MP suggests. He or she may be able to get through to someone in the Home Office who can do some investigation.

I'm not sure whether the administrative review applies to spouse visas (might be wrong about that), but you could lodge an appeal to put your case on the radar. I don't think that costs too much to do, but discuss that with the MP.

At the same time, I'd continue to send polite, to-the-point complaints to the HO asking why the employment confirmation letter you sent was not considered by the ECO when they made their decision.

Wishing you the very best of luck!

Mooglemoogle

greenwells

Wednesday 25th morning my solicitor contacted the home office and informed them of my case.
In the afternoon of the same day my wife gets an email explaining that it was a scanning error and she should submit her passport to the Visa Application Centre.

Thursday 26th morning my wife submitted her visa and now we are awaiting anxiously to see what happens.

SanDiegogirl

yeah.... sounds like they want the passport to put in the necessary visa - hopefully. Will keep fingers crossed.

We have had several instances of scanned documents not being sent/received. Folks should request a copy of the scanned file for their records.

greenwells

Yes the email on wednesday afternoon explained that the decision to refuse the visa has been overturned.

SanDiegogirl

So don't know why you are "awaiting anxiously". Looks like you have got your visa if the decision to refuse has been overturned.

TimCypher