My wife's spouse settlement visa application was refused on Sept. 2 in Chennai, and we have appealed against it. After listening to so many people in this forum, I thought of listing down the appeal procedure for the benefit of everyone. Please keep asking your questions if any.
JUST TO MENTION, YOU CAN SUBMIT NEW EVIDENCES TO JUSTIFY YOUR APPEAL. SO TRY TO ADD AS MUCH AS DOCUMENTS IN YOUR APPEAL TO COVER THOSE POINTS MENTIONED IN YOUR REFUSAL LETTER.
Timeline so far:
July 6, 2015 - Applied in Bangalore VFS & Biometrics taken
July 7, 2015 - Received email from Chennai BHC, Email went into Spam in Yahoomail. Marked as not a spam.
[Contacted Home office twice through Email for status]
Sept 3, 2015 - Received email from Chennai BHC that decision achieved, and documents posted to VFS
Sept 4, 2015 - Passport received. IAFT-6
Sept 6, 2015 - Submitted IAFT-6 online appeal for hearing (paid £140) through online (Done by husband as sponsor and representative. No lawyer so far):
https://immigrationappealsonline.justic ... k/IACFees/
Sept 8, 2015 - Documents posted from UK. No originals kept in the envelope. Required documents were sent to me by my wife as a scanned copy.
Sept 9. 2015 - Document reached the Tribunal, and signed delivery note was backed up as a proof.
Now awaiting to hear from the Tribunal.
My refusal was based on "relationship was genuine and subsisting", which I feel refusal is more cruel, because I have waited for 43 working days (close to 2 months) and paid £1000 as processing fee, the case worked should have given an opportunity to provide the documents asked to prove the relationship is subsisting. The documents mentioned are call history, chat/email/skype history, or travel itineraries etc. which the home office can no way verify. Also, I worked in the same company for 7.5 years, and stayed in same apartment of my own for 7.5 years. The worst case, the case worker should have called my wife for an interview with those supporting evidence to prove the relationship is subsisting, which could have been better than the frustration that I have at the moment.
We decided to go for appeal even though many of my friends said to go for re-apply and we were comfortable in re-apply because (i) I felt I didn't make any mistake, and provided all official documents, met the financial requirement well with a reasonable margin. (ii) We don't want to see any visa refusal history, as my wife is just starting her life in UK, (iii) Most importantly we both together decided, we can cross this hurdle.
We have supplied as many documents as possible while posting them for appeal because we don't want to see any more disappointments. We also have added a very well listed cover letter, with relevant sections highlighted in all documents by using a highlighter. This is just to ease the life of the case worker.
Following are the documents supplied.
A1 – Notice of immigration decision, Refusal of Entry Clearance
A2 – Proof of subsisting relationship
a. Certificate of Registration of Marriage, dated xx/xxx/xxxx
b. Certificate of Marriage, dated xx/xxx/xxxx
c. Photos taken during marriage, blessing, wedding ring exchange
d. Flight invoice of my husband’s India visit to Bangalore – issued by Southall Travels
e. Etihad itineraries for London to Bangalore & Bangalore to London via Abu Dhabi
f. Proof of on-board luggage for London to Bangalore & Bangalore to London
g. My husband’s resident permit card valid till xx/xxx/xxxx
h. My husband’s passport personal pages & immigration stamp of his visit to Bangalore
i. Invoice of Hotel accommodation in Bangalore
1. Accommodation on xx/xxx/xxxx near to my home address
2. Accommodation on xx/xxx/xxxx for a double suit near Bangalore airport
j. Facebook screenshot of my friends congratulating me on my marriage
k. Email communications
1. Email sent on xx/xxx/xxxx
2. Email sent on xx/xxx/xxxx
3. Email sent on xx/xxx/xxxx
l. UPS invoice of my personal belongings sent to my husband’s address
1. 23 Kg posted on xx/xxx/xxxx
2. 25 Kg posted on xx/xxx/xxxx
m. My gift purchases to my husband
1. Purchase of Kurta/Men’s Top on xx/xxx/xxxx
2. Purchase of Pen Rubinato (Ostrich feather vintage pen) on xx/xxx/xxxx
n. My husband’s purchase of my welcome gift (DSLR Kit) on xx/xxx/xxxx
o. Proof of money sent to India for family maintenance
1. £309.68 (INR 30,000) sent on xx/xxx/xxxx
2. £152.92 (INR 15,000) sent on xx/xxx/xxxx
3. £149.28 (INR 15,000) sent on xx/xxx/xxxx
4. £96.95 (INR 10,000) sent on xx/xxx/xxxx
p. HDFC bank statements confirming money received
q. Complete Call History
1. Talk home calling card copy – Showing London access number 0208 150 5004
2. Husband’s XX mobile bills for his mobile number 0XXXXXXXXXX showing the call history of London access number and duration. Note that, a detailed TalkHome call history is requested by my husband. However, it is not ready while making this appeal. This will be provided at a later stage.
r. Skype call history since xx/xxx/xxxx
s. WhatsApp message/Call history since xx/xxx/xxxx
A3 – Proof of Husband’s Employment
a. Letter from employer confirming start of employment (xx/xxx/xxxx), Permanent employment, and annual salary of £xxxxxx
b. Payslips from June 2014 to August 2015
c. My husband’s P60 for the year 2014 – 2015
d. HSBC bank statements from 19th June 2014 – 22nd August 2015
e. My husband’s company ID card confirming the company (XXXXX) and Employee Number (XXXXXX)
A4 – Accommodation
a. Letter from the landlord confirming my husband is the only tenant, and no-objection in me accommodated in that house
b. Electricity bill as of xx/xxx/xxxx
c. Annual gas summary between 2nd Sep 2014 – 1st Sep 2015, as of xx/xxx/xxxx
d. Gas statement as of xx/xxx/xxxx
A5 – Proof of English
a. British council’s letter
b. IELTS certificate
A6 – TB Certificate
a. TB test certificate
b. X-Ray report
A7 – Other documents
a. My current passport (second one) personal pages
b. My previous passport (first one) personal pages
Those who are interested, here is the cover letter:
7th September, 2015
To,
First-tier Tribunal (Immigration and Asylum Chamber) PO Box 6987
Leicester
United Kingdom. LE1 6ZX
Sub: UK Spouse Settlement - Appeal
Respected Sir/Madam,
I, XXXXXXXXXX, wish to appeal against the decision to refuse my entry clearance made in Chennai on 2nd September 2015.
The details of myself and my husband along with the list of documents enclosed are as given below:
(Kindly Note -- my husband is to be deemed as the Representative and also My Sponsor)
******************************************
Applicant - -------------------------> XXXXXXXXXXXX
Representative / Sponsor ---> XXXXXXXXXXXXX
******************************************
Documents:
A1 – Notice of immigration decision, Refusal of Entry Clearance
A2 – Proof of subsisting relationship
a. Certificate of Registration of Marriage, dated xx/xxx/xxxx
b. Certificate of Marriage, dated xx/xxx/xxxx
c. Photos taken during marriage, blessing, wedding ring exchange
d. Flight invoice of my husband’s India visit to Bangalore – issued by Southall Travels
e. Etihad itineraries for London to Bangalore & Bangalore to London via Abu Dhabi
f. Proof of on-board luggage for London to Bangalore & Bangalore to London
g. My husband’s resident permit card valid till xx/xxx/xxxx
h. My husband’s passport personal pages & immigration stamp of his visit to Bangalore
i. Invoice of Hotel accommodation in Bangalore
1. Accommodation on xx/xxx/xxxx near to my home address
2. Accommodation on xx/xxx/xxxx for a double suit near Bangalore airport
j. Facebook screenshot of my friends congratulating me on my marriage
k. Email communications
1. Email sent on xx/xxx/xxxx
2. Email sent on xx/xxx/xxxx
3. Email sent on xx/xxx/xxxx
l. UPS invoice of my personal belongings sent to my husband’s address
1. 23 Kg posted on xx/xxx/xxxx
2. 25 Kg posted on xx/xxx/xxxx
m. My gift purchases to my husband
1. Purchase of Kurta/Men’s Top on xx/xxx/xxxx
2. Purchase of Pen Rubinato (Ostrich feather vintage pen) on xx/xxx/xxxx
n. My husband’s purchase of my welcome gift (DSLR Kit) on xx/xxx/xxxx
o. Proof of money sent to India for family maintenance
1. £309.68 (INR 30,000) sent on xx/xxx/xxxx
2. £152.92 (INR 15,000) sent on xx/xxx/xxxx
3. £149.28 (INR 15,000) sent on xx/xxx/xxxx
4. £96.95 (INR 10,000) sent on xx/xxx/xxxx
p. HDFC bank statements confirming money received
q. Complete Call History
1. Talk home calling card copy – Showing London access number 0208 150 5004
2. Husband’s XX mobile bills for his mobile number 0XXXXXXXXXX showing the call history of London access number and duration. Note that, a detailed TalkHome call history is requested by my husband. However, it is not ready while making this appeal. This will be provided at a later stage.
r. Skype call history since xx/xxx/xxxx
s. WhatsApp message/Call history since xx/xxx/xxxx
A3 – Proof of Husband’s Employment
a. Letter from employer confirming start of employment (xx/xxx/xxxx), Permanent employment, and annual salary of £xxxxxx
b. Payslips from June 2014 to August 2015
c. My husband’s P60 for the year 2014 – 2015
d. HSBC bank statements from 19th June 2014 – 22nd August 2015
e. My husband’s company ID card confirming the company (XXXXX) and Employee Number (XXXXXX)
A4 – Accommodation
a. Letter from the landlord confirming my husband is the only tenant, and no-objection in me accommodated in that house
b. Electricity bill as of xx/xxx/xxxx
c. Annual gas summary between 2nd Sep 2014 – 1st Sep 2015, as of xx/xxx/xxxx
d. Gas statement as of xx/xxx/xxxx
A5 – Proof of English
a. British council’s letter
b. IELTS certificate
A6 – TB Certificate
a. TB test certificate
b. X-Ray report
A7 – Other documents
a. My current passport (second one) personal pages
b. My previous passport (first one) personal pages
I believe that the information I have provided is satisfactory, however if you have any questions or queries or require additional information regarding any aspect of the application, please do not hesitate to contact me via any mode of communication noted below.
Email ID: XXXXXXXXXXXX
Mobile Number: XXXXXXXXXXXX
Address:
XXXXXXXXXXXX
XXXXXXXXXXXX
XXXXXXXXXXXX, Bangalore
India - XXXXXXXXXXXX
I would like to hereby confirm that the information and documents enclosed are all true and copy of the original documents which I can produce if required.
Thanking you.
Yours sincerely,
XXXXXXXXXXXX
I read quite a lot of forums and websites about the whole appeal process, and the whole appeal process has the following stages. Based on the success story of @RkSC in this forum, the expected days could be 21+25+21 days if the decision is overturned by the home office. (
http://www.immigrationboards.com/immigr ... 85835.html)
1. Once the appeal is made to tribunal, documents should be posted.
2. Tribunal takes up to 3 weeks to post the documents called appeal bundle to the home office for review. In my case, I expect the bundle to be posted through GOV's internal postal system to Chennai BHC.
3. Home office will review it and should respond within 28 days whether they would like to overturn or would like to stand with their original decision.
4. If overturned, concerned BHC will contact and ask for the passport. Visa should be issued within 10 working days.
5. If Home office decide to stick with what they have already decided, then they send the bundle back with their write-up to Tribunal and the tribunal sets up a hearing date, where Home office lawyer and the applicant's representative will attend the hearing. The representative can also be a lawyer.
All the best to those who appeal. Hope this helps to those appealing. Don't worry, this is not the end of the world. Take care.