ECO Reconsideration of Decision

[sajidmahmood]

Hi,

Re:spouse Visa

Will the applicant be informed by the embassy or appeal tribunal If the ECO doesn't overturn his original decision?

Thanks

[VictoriaS]

It will simply go to the full court hearing.

Victoria

[lapen123]

Neither will inform the applicant if the ECO doesn't overturn his original decision.

FYI if he does overturn, then ECO will contact the applicant and issue the visa.
Tribunal normally give 90 days to ECO to respond. If ECO decides to uphold his original decision then he has to produce explanatory statement along with the evidence to support his decision within given time. On Expiry of given time or receipt of ECO’s statement, the tribunal will issue the date of hearing.

Once you have the hearing date then you or your solicitor can contact Tribunal for an early hearing on passionate grounds. I hope this help.

I understand it is quite complex process. Let me know if you don’t understand anything.

[marita25]

This has been an enlightenment for me as well. My husband was refused spouse visa 0n 30 Nov and our solicitor requested for reconsideration highlighting the points for refusal in our case our r/ship is not subsisting as the ECO advised he did not see any evidence of my travelling to my husband's country to get married even though there was clear endorsement in my passport. The request for reconsideration was made on the 7th of Dec.However my husband submitted his documents again along with the upto date evidence(emails showing constant correspondence from the time I left Nigeria in Sep) before the Christmas period and upon tracking through UPS the documents were received at Post on 27th of Dec. Between this period after the 7th of Dec to 27th of Dec the High Commission did not contact my husband to resubmit his documents but we assumed they may need to see all the documents again to review.

Could someone please advise would they ECM/ECO have already reviewed based on my solicitors email sent on 7 Dec or they would review based on the submission of all the documents and extras which they received on the 27th of Dec.

[sajidmahmood]

Neither will inform the applicant if the ECO doesn't overturn his original decision.

FYI if he does overturn, then ECO will contact the applicant and issue the visa.
Tribunal normally give 90 days to ECO to respond. If ECO decides to uphold his original decision then he has to produce explanatory statement along with the evidence to support his decision within given time. On Expiry of given time or receipt of ECO’s statement, the tribunal will issue the date of hearing.

Once you have the hearing date then you or your solicitor can contact Tribunal for an early hearing on passionate grounds. I hope this help.

I understand it is quite complex process. Let me know if you don’t understand anything.

Thanks for your help. Another question now:

Will the sponsor or applicant get a copy of explanatory statement of refusal issued by ECO before full hearing date at court?

[VictoriaS]

The applicant and any representative will get a full explanatory statement in the bundle.

Victoria

[sajidmahmood]

The applicant and any representative will get a full explanatory statement in the bundle.

Victoria

Thanks Victoria.

What is included in the Bundle? We received all original documents back with refusal notice. For appeal we only submitted supporting documents as per Refusal Notice.(Not including the documents already returned to us by ECO). Is this a problem?

[lapen123]

Dear Sajid Mahmood,
Don’t worry about the originals having come back. ECO will have the copies anyway.

You must have submitted only additional documentation and evidence supporting your reconsideration appeal.

Bundle consists of documentation and evidence on which ECO had based his decision along with the explanatory statement. By evidence I mean copies of documents you submitted, application form, notes of the interview etc

[lapen123]

Dear Marita,

What I understand from your query is your spouse visa was refused and your solicitor sent an email requesting reconsideration on 07Dec. Also your spouse resubmitted all the documents in Dec, which they receive on 27Dec.

As per my limited knowledge, once visa is refused you have two options:
1) you can either appeal for reconsideration to AIT in UK within 28 days only
2) you can reapply fresh for the visa

Since your solicitor has requested reconsideration through email I am not sure whether decision will be reconsidered.

Did your husband reapply for the visa or just provided the further documentation?

[marita25]

Hie

My husband only sent his documents to Post with further evidence and they received these on 27th of Dec requesting for reconsideration. My solicitor had also sent an email requesting for reconsideration on the 7th of Dec. My query is have they already reviewed based on my solicitors email on 7th of Dec or based on the documents provided on 27th of Dec.