Settlement visa refused - Need advise appeal or reapply

[Emre26]

Hello,

My settlement visa application refused because of missing documents.I understand that immigration policy is strict but sometimes its becoming sarcastic. Refusal paper says i meet the all the criteria except the financial criteria due to two missing documents.

My wife (British Citizen) works for NHS. They accept her payslips combined with our cash savings in bank for gross income criteria.
But refusal reason, they want the bank statements of the payslips, and also some information is missing on her work letter given by NHS. (By NHS!!)


Anyway, we can will have these documents in a few days.

Do you think in this case appealing would take a long time? I understand appealing process is firstly considered by ECM (in 3-4 weeks) then goes to court if necessary. When goes to court then it means 8-9 months at least.

I dont want to wait 8-9 months more, as we are seperated with my wife and 4 year old son for nearly 1,5 years just to fulfill the ridiculous 18600 GBP criteria. In that case i am thinking to re-apply with fast track if appealing goes to court. With your experience, would it be make a negative effect on ECO as i have been refused before?


Thanks & Regards
Emre

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Refusal letter says:

- Suitability requirements met
- Relationship requirements met
- English language requirement met

- For Financial requirements

(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); - SUBMITTED

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming: - SUBMITTED but some information missing

(i) the person’s employment and gross annual salary; - information missing
(ii) the length of their employment; included
(iii) the period over which they have been or were paid the level of salary relied upon in the application; - - information missing and
(iv) the type of employment (permanent, fixed-term contract or agency). - - included

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. — NOT SUBMITTED

[CR001]

The requirements are very clear that payslips and bank statements, both for 6 months, have to be submitted. The letter from NHS needs to detail salary, employment start date, position etc.

Reapplying will be quicker.

[Emre26]

Thanks for quick answer.
I understand that i am supposed to give that documents. We gave bank statements for cash savings, not for the bank account of the salary paid.
But this info and the missing info from work letter are somehow on the payslips.
Because we are not experts, we simply thought that they want to be sure and see the evidence that my sponsor works and earns enough for our family without government support..etc.

My question is: I know its our fault not giving those documents, but if we appeal and attach these two documents, would ECM call of the refusal and grant me visa or send me to court?
Does ECM only calls of refusal decision when its ECO officers fault or in some cases changes the decision with seeing the missing documents.

I searched the forum about this kind of situation but i couldn't find any. I only found someone refused basically for not sending the originals of some documents, and it solved with appeal when ECM saw the originals they called of the refusal in 3-4 weeks.

Thanks & Regards,

[CR001]

The refusal was correct because you failed to provide the documents that are required. Your choice whether to ask for a review or appeal.