Appeal VS Reapply (Wife Settlement Visa Refusal)

[powdra]

Hi,

I would like to ask your opinion on my situation. I will briefly describe my position and then ask a question.

I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.

The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as accommodation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).

I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?

£80 appeal is a preferable option compare to £1k fee to reapply, but we are afraid it might take too long. We'd like to know whether we will be able to withdraw our appeal if the decision isn't overturned after missing evidences are submitted and the court hearing is scheduled instead?

Thank you.

[vanakkamchennai]

You can reapply on same category or any other category while your appeal is ongoing. If you are granted a visa, BHC will inform the tribunal and your appeal will be cancelled.