Q Li

Hello,

Applying for the UK Fiancee Settlement Visa from Hong Kong for 3 months, a refusal letter is received.

It seems that there are mainly 2 reasons.

1. The eligibility relationship requirement do not meet
- the evidence we provided are not satisfied that our relationship is genuine and subsisting that we genuinely intend to get married in the six months.

2. The eligibility financial requirement
- the 6 months payslips and corresponding bank statements is missing.

The refusal reasons are very straight forward and I think we can rectify it by sending more information to further support our claim.

As far as I know, there are two ways that we can go next - Appeal or Re-apply. I would like to seek advice which way is the best way to go. I am considering about the time as I heard that the appealing time would take longer than a fresh application. Besides, I am not so sure if they would take my case for hearing because it is my fault that I haven't attached the payslips and well-plan for choosing the relationship evidence.

I have read some posts saying that appeal will take months to get it done. It seems there is no timeframe at all. While for a fresh application, it will take 60 working days to complete. If I pay for the priority, it can be shorter the process time.

It would be appreciated if you can advise on my case or share your appeal or re-apply experience.

Thanks.

az2014

If it is your fault then what exactly would you be appealing as the correct decision was made.

You should re apply.

Q Li

Thanks.

spouse of scouse

An appeal would only be successful if the person processing your application had applied the immigration rules incorrectly, which isn't the case here. Make a new application, making sure you provide all the requested/missing evidence and documents. Wishing you the best of luck this time around!

spouse of scouse

Az, many people don't realise that an appeal won't consider new/missing evidence, which is why they ask for clarification.

gtr01

Q Li, out of curiosity, how long did it take them to process your application? I have been waiting over 100 days now with no outcome.

christmasoompa

Top tip: to see a user’s previous posts, click on their username and select from the drop down menu. If you do that, you’ll find this post with Q Li’s timeline - http://britishexpats.com/forum/citiz.../#post12463030

HTH.

Invisible

I was under the impression the law states that refusal on the basis of missing evidence is unlawful unless the Entry Clearance Officer can show that the application would have been refused in any event and therefore requesting that evidence would (have) made no difference to the application.

Also that if you fail to provide a document but the document does exist and it predates the application date then it is allowed for consideration at both ECM review stage and court hearing. For example if you're refused because you didnt provide pay slips for the six month prior to the application you can appeal and provide the relevant pay slips and the appeal will be allowed provided they meet the relevent requirements. You cannot however use evidence which has come in to existence AFTER the date of application.

Is this not correct?

Invisible

Q Li did you lodge an appeal?

SanDiegogirl

As I understand it there is no law with regards visa applications and processes; there is, however as set of rules and regulations which are detailed in, but not exclusive to Appendix FM 1.7 and Appendix FM-SE.

As you have pointed out, as per Appendix FM-SE:

(c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons.

The OP was refused for two reasons:

- not proving a genuine relationship
- not providing evidence of financial income/resources

The OP was correctly refused on two accounts. It would appear that providing the financial evidence would not have change the ECO's assessment of the validity of the application.

The OP could take his application to appeal. However if you read the first page of Appendix FM-SE there are a number of specific examples of when documents will be accepted after the application.

Personally, since the OP failed to send in any financial evidence (a major omission, no?) I don't think the examples given are relevant to his case.

He would be wise to just re-apply with ALL the necessary documentation.

spouse of scouse

The Immigration rules don't allow for the required 6 months of pay slips to be missing from the original application. Such an omission would invariably result in a refusal, and the ECO would be correctly applying the rules. What is allowed, at the ECO's discretion, is the following:

(b) If the applicant:
(i) Has submitted:
(aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing)
https://www.gov.uk/guidance/immigrat...ified-evidence

Also, please note the difference between an appeal, and a request for a visa administrative review
https://www.gov.uk/immigration-asylum-tribunal
https://www.gov.uk/ask-for-a-visa-administrative-review

Invisible

Hmm interesting, I will look in to it further when I have time. I have just read somewhere that an appeal can take over 12 months anyway which seems excessive to say the least.

spouse of scouse

You're welcome.

SanDiegogirl

Yes, some appeals have been taking a very long time.

Since this is for a fiancee visa, the couple are, potentially, going to be apart for a lengthy period.

As they have a weak case (subjective, I know) a re-application would be preferable.