Settlement / Spouse Visa Appeal Timelines - FROM INDIA ONLY

[mightyjo]

Hi Jo,

Have you got any updates about your application.

Appeal Logged 7 June 2016

ECM Deadline 16 November 2016

Hi Thor

Nothing Yet!!!

I phoned Immigration Tribunal in UK they said your Appeal is not overturned by ECM

they received bundle on 3rd November 2016

but still nothing from Court!!

waiting for hearing date.......

does anyone one know how long will take ??

[Gya]

Hello everybody. How u guys doing? Does anyone get any information about appeal or after appeal pending letter. Its beena 9 weeks after i got pending letter. And im kip checking my email and letterbox everyday. Its so annoying not to get any info.

[stler]

@Gya

My deadline for ECM is Jan4 and haven't received any reply yet. I called FTTM last week and was told, if we didn't hear by this timeline, they automatically put it fwd for hearing which can utterly take 18months. I feel this is the most outrageous approach going on at HO. Anyone thinking of going for appeal, pls think again. My appeal got missed two deadlines, may be it is the new strategy they follow.

Once an appeal fwded to ECM, the IA10 says ECM need to reconsider the evidence and decide within 28 days. This is missed in my case. ECM need to send in supporting documentation within 16weeks as to why he think the decision couldn't be overturned. If they don't send anything that will go to hearing either paper/oral.

[Gya]

@Gya

My deadline for ECM is Jan4 and haven't received any reply yet. I called FTTM last week and was told, if we didn't hear by this timeline, they automatically put it fwd for hearing which can utterly take 18months. I feel this is the most outrageous approach going on at HO. Anyone thinking of going for appeal, pls think again. My appeal got missed two deadlines, may be it is the new strategy they follow.

Once an appeal fwded to ECM, the IA10 says ECM need to reconsider the evidence and decide within 28 days. This is missed in my case. ECM need to send in supporting documentation within 16weeks as to why he think the decision couldn't be overturned. If they don't send anything that will go to hearing either paper/oral.

So you did get any info frm any where? May be coz of this holiday the process gone a bit slow. I hear some ppl got overturn email on 12th week. But here in ur case its 15 week now and still no any email and info on call. I am bit scared. I donno what to do. Should i call them or just wait. What if they say ECM did not overturn my case..... omg its so not fair.

[Gya]

@Hopeful_Soul
Hi there, hope u enjoying the new place with ur loved one. This waitting time is really really long way. I am still waiting after i got my pending letter. Could u please tell what further process u did after u got ur appeal overturned? How did u pay ur IHS and ur BRP booking and after how many days u got ur pp? Did u get call or email to submit ur pp?
Appreciated

[SAMISPOUSAL]

Hi all

great news. Just to let you know my wife successfully got her FLR M
so see you in the ILR later on.
For the FLRM we applied for the Solihul in person service.
we used once again my wifes 3 years old IELTS certificate which we had had used to get entry clearance. that was not a problem at all.
we did NOT have to get any housing report or certficates as we own our house and its not overcrowded.
They did try to make silly excuses about some bank statements but we gave enough alternative evidence to overcome that and was ok at the end.
They kept us waiting all day at the office but we are so glad that its all done. Good luck to all those in similar situation

[mayav]

Hi ,

I had applied for Settlement Visa for Chennai, India for my Husband under priority category. This has been refused for financial reasons stated below:

Your application for entry clearance under paragraph EC P1.1 of Appendix FM is refused because you do not meet the income threshold requirement under appendix FM and or the related evidential requirements under Appendix FM SE
You have confirmed that you are not exempt from the financial requirements of Appendix FM. You are therefore required to demonstrate that your sponsor has annual income before tax of £18600. You state that your sponsor meets the income threshold by income derived from self-employment as the director of limited company.
The evidence required to demonstrate income as a director of limited company in UK is Specified in Appendix FM SE. Whilst I note a number of documents submitted in support of your application you have not provided the following:
*Business bank statement covering Same 12 month period as CT 600. You have submitted Bank statements which start on 22/05/2015 where as your CT 600 period 20/04/2015 to 19/04/2016

I have my own limited company and it has completed the first financial year.
· Limited Company Incorporation Date: 20 April 2015
Business Bank account application submitted date: 20-04-2015 (I have email proof from HSBC)
· Business Bank Account Opening Date: 22-May-2015
· Contract Start Date: 08-May-2015
· First Invoice Paid into the account: 05-Jun-2015

· My company first Financial year is (20-Apr-2015 to19-Apr-2016).
· Filled the CT600 – Corporation tax for the same period - 20-Apr-2015 to19-Apr-2016

· Submitted Business Bank Statements from 22-May-2015 to 22 Nov 2016
· Submitted payslips from Nov-2015 till Oct 2016
· Submitted Personal Bank Statements from 19 April 2015 till Oct 2016

*Payslips covering same period as CT 600. You have provided from November 2015 to Oct 2016. These do not match your CT 600

(I have Payslips from May 2015 to Oct 2015 which I can provide)


*Dividend Vouchers for the period of CT 600. You have submitted for Jan 2016 onward but no vouchers prior to that covering CT 600

(I have two Vouchers July 2015 and November 2015 which I can send to them)

These are specified documents and must be provided

I have been asked to appeal with IAFT 6 form within 28 days.

Date of refusal:29 Dec 2016
Date sent to Applicant:03/01/2017


Question:
1. Can I submit online form for IAFT 6 ?
2. Should I select appeal from within UK or Outside UK? ( Applicant is in India and Spouse/Sponsor is in UK)
3.Do I need to scan and send all docs submitted earlier along with missing documents by email?

Thanks
Maddy

[Hopeful_Soul]

@ Gya

Please find my complete timeline below:

Spouse Settlement applied at VFS New Delhi: 8th April 2016
Visa refused due to Financial reason with right to appeal given: 3rd May 2016
Appeal Lodged: 27th May 2016
Payment taken: 17th June 2016
Appeal letter received: 3rd August 2016 with Deadline for ECO given the appeal letter: 8th November 2016

Original Decision Withdrawal email received from Global Appeals team: 20th October 2016
Email received from New Delhi Visa Center to submit the passport along with TB report and Sponsor's UK residence proof: 21st October 2016
Passport along with other documents submitted : 25th October 2016
IHS payment link sent through an email from Visa center: 26th October 2016
IHS Payment Made: 28th October 2016
IHS reference number confirmation email sent to Visa center: 31st October 2016
Email received from BHC New Delhi informing that the decision has been made: 11th November 2016 (Friday)
Passport collected: 15th November 2016.

Visa Vignette issued from 10th November 2016 till 10th December 2016

Visa issued for 33 Months

As you can see that after getting the letter on 3rd August 2016, I had no contact from the VISA team till 20th October 2016, which is nearly 2 and half months!!

You can follow my timeline however, since every case is different, you can never be sure about the exact timelines.

I received all correspondence through emails and after submitting my passport on 25th October 2016 and then paying the IHS fees through the link given to me by VISA team on 31st October 2016, it took me nearly 15 days to get the passport back.

I know the wait feels really long, however, you need to look at it this way that this is probably the only way forward so its better to be patient than impatient because theres pretty much nothing you can do at this stage from your side but to wait and be positive.

So relax and keep your hopes high!

Good luck Keep smiling.

[mayav]

I had applied for Settlement Visa for Chennai, India for my Husband under priority category. This has been refused for financial reasons stated below:

Your application for entry clearance under paragraph EC P1.1 of Appendix FM is refused because you do not meet the income threshold requirement under appendix FM and or the related evidential requirements under Appendix FM SE
You have confirmed that you are not exempt from the financial requirements of Appendix FM. You are therefore required to demonstrate that your sponsor has annual income before tax of £18600. You state that your sponsor meets the income threshold by income derived from self-employment as the director of limited company.
The evidence required to demonstrate income as a director of limited company in UK is Specified in Appendix FM SE. Whilst I note a number of documents submitted in support of your application you have not provided the following:
*Business bank statement covering Same 12 month period as CT 600. You have submitted Bank statements which start on 22/05/2015 where as your CT 600 period 20/04/2015 to 19/04/2016

I have my own limited company and it has completed the first financial year.
· Limited Company Incorporation Date: 20 April 2015
Business Bank account application submitted date: 20-04-2015 (I have email proof from HSBC)
· Business Bank Account Opening Date: 22-May-2015
· Contract Start Date: 08-May-2015
· First Invoice Paid into the account: 05-Jun-2015

· My company first Financial year is (20-Apr-2015 to19-Apr-2016).
· Filled the CT600 – Corporation tax for the same period - 20-Apr-2015 to19-Apr-2016

· Submitted Business Bank Statements from 22-May-2015 to 22 Nov 2016
· Submitted payslips from Nov-2015 till Oct 2016
· Submitted Personal Bank Statements from 19 April 2015 till Oct 2016

*Payslips covering same period as CT 600. You have provided from November 2015 to Oct 2016. These do not match your CT 600

(I have Payslips from May 2015 to Oct 2015 which I can provide)


*Dividend Vouchers for the period of CT 600. You have submitted for Jan 2016 onward but no vouchers prior to that covering CT 600

(I have two Vouchers July 2015 and November 2015 which I can send to them)

These are specified documents and must be provided

I have been asked to appeal with IAFT 6 form within 28 days.

Date of refusal:29 Dec 2016
Date sent to Applicant:03/01/2017


Question:
1. Can I submit online form for IAFT 6 ?
2. Should I select appeal from within UK or Outside UK? ( Applicant is in India and Spouse/Sponsor is in UK)
3.Do I need to scan and send all docs submitted earlier along with missing documents by email?

[stler]

Unfortunately my appeal hasn't been overturned.

Reason for not overturned : Financial.
Didn't include CT600, SA. Although, I mentioned clearly I couldn't coz I had time legally. ECM didn't budge at all. Any one appealing pls see that there's no evidence flexibility.

Good luck with your process.

[whatnext]

Question:
1. Can I submit online form for IAFT 6 ? Yes. But i submitted the same online on 10 November 2016, but they haven't touched it yet. I think, that may be because of the effort required to print all the documents (Tribunal has staff shortage) and put it together. I feel, i could have applied by post.
2. Should I select appeal from within UK or Outside UK? ( Applicant is in India and Spouse/Sponsor is in UK)
Applicant is the appealant. So from Outside UK.
3.Do I need to scan and send all docs submitted earlier along with missing documents by email?
Yes, if applying online. I think, you only need documents which are required to support the appeal. Copy of other docs are available with them.

Regards

I had applied for Settlement Visa for Chennai, India for my Husband under priority category. This has been refused for financial reasons stated below:

Your application for entry clearance under paragraph EC P1.1 of Appendix FM is refused because you do not meet the income threshold requirement under appendix FM and or the related evidential requirements under Appendix FM SE
You have confirmed that you are not exempt from the financial requirements of Appendix FM. You are therefore required to demonstrate that your sponsor has annual income before tax of £18600. You state that your sponsor meets the income threshold by income derived from self-employment as the director of limited company.
The evidence required to demonstrate income as a director of limited company in UK is Specified in Appendix FM SE. Whilst I note a number of documents submitted in support of your application you have not provided the following:
*Business bank statement covering Same 12 month period as CT 600. You have submitted Bank statements which start on 22/05/2015 where as your CT 600 period 20/04/2015 to 19/04/2016

I have my own limited company and it has completed the first financial year.
· Limited Company Incorporation Date: 20 April 2015
Business Bank account application submitted date: 20-04-2015 (I have email proof from HSBC)
· Business Bank Account Opening Date: 22-May-2015
· Contract Start Date: 08-May-2015
· First Invoice Paid into the account: 05-Jun-2015

· My company first Financial year is (20-Apr-2015 to19-Apr-2016).
· Filled the CT600 – Corporation tax for the same period - 20-Apr-2015 to19-Apr-2016

· Submitted Business Bank Statements from 22-May-2015 to 22 Nov 2016
· Submitted payslips from Nov-2015 till Oct 2016
· Submitted Personal Bank Statements from 19 April 2015 till Oct 2016

*Payslips covering same period as CT 600. You have provided from November 2015 to Oct 2016. These do not match your CT 600

(I have Payslips from May 2015 to Oct 2015 which I can provide)


*Dividend Vouchers for the period of CT 600. You have submitted for Jan 2016 onward but no vouchers prior to that covering CT 600

(I have two Vouchers July 2015 and November 2015 which I can send to them)

These are specified documents and must be provided

I have been asked to appeal with IAFT 6 form within 28 days.

Date of refusal:29 Dec 2016
Date sent to Applicant:03/01/2017


Question:
1. Can I submit online form for IAFT 6 ?
2. Should I select appeal from within UK or Outside UK? ( Applicant is in India and Spouse/Sponsor is in UK)
3.Do I need to scan and send all docs submitted earlier along with missing documents by email?

[whatnext]

May be this message can give little peace for me and others. My wife's and children's application was rejected and we have appealed. It costed me hell lot of money. Am really frustrated with the rejection for no reason, without giving a chance to explain even after taking £1195 per person as application fees.

I know, all here are in same situation.

Anyway, i appealed online on 17th Nov. Yet to get any acknowledgement. Will keep posted....
'

Update, received Notice of Pending Appeal.

[GYB]

Hello Everybody. I am new to this forum and seek some help and guidance.

My wife and daughter had ILR and left the UK in 2011 and they applied for a returning residents visa in Sept 2016 and got rejected. Timeline below

Application submitted at VFS chennai - 14/09/2016
Application Refused - 06/10/2016
Appeal Sent by post - 21/10/2016
Payment debited from my account - 30/10/2016
Appeal acknowledgment received - 07/12/2016
The appeal letter has give the ECO a 28 day timescale from the date they receive the necessary documents from the court. I assume they must have received the documents around 20th of December as my wife in india too received a copy on the 20th of December 2016.

I have not had any further communication since then....

Can someone please help me by shedding some light on how long before i get a hearing date ?

All help much appreciated...

[GYB]

Hello guys.... I am slightly confused with some terminology used in this forum.

I note that lots of replies here state "deadline to ECM" .... I have received the notice of pending appeal from the tribunal for my appeal...all it says on there is that the respondent has 28 days to respond with the reason and evidences.

my questions :

1. In my appeal notice the court has not mentioned that the respondent can withdraw their decision within x days.

2. ECO = Entry clearance officer...what is "ECM"?

3. The court has mentioned in the appeal notice that the process will take up to 15 weeks... my question is what is the significance of 15 weeks and what is the significance of 28 days.... I am confused.... also when does the 15 weeks wait begin?

oh GOD please help me........

[GYB]

VFS Delhi
applied : 31st July 2015
refused with letter dated : 29th Sep 2015
appeal - 26th oct 2015
Last email received 12th Dec 2015 stating will hear from the court after April 2016. Haven't heard anything from the court yet.
Reapplied 3rd Aug 2016
Interview 29th Sep 2016
Received visa 5th oct 2016.
Hope this helps.

Dear Pari...what happened to the appeal?

[GYB]

Hi Jo,

Have you got any updates about your application.

Appeal Logged 7 June 2016

ECM Deadline 16 November 2016

Hi Thor

Nothing Yet!!!

I phoned Immigration Tribunal in UK they said your Appeal is not overturned by ECM

they received bundle on 3rd November 2016

but still nothing from Court!!

waiting for hearing date.......

does anyone one know how long will take ??

Hi Jo,

Did you hear from the court yet?
hearing date?

[hshankar_i]

Hello Whatnext and others,

All the best. I am also awaiting a reply from the ECO.
Had received my notice of pending appeal on the 31st Oct 2016.
Its been 3 months already and have still not got any response.
I was informed that until 13th Feb, the ECO will be allowed to reconsider their original decision.

Am desperately waiting for a positive response. My wife is studying in the UK at the moment.
I had written to the MP a couple of weeks back and had got a response from the MP acknowledging the process that my application was in.
I will be writing to him again reminding him of the current state of affaires.

Any other suggestions would be welcome.

Thanks,
Hari

May be this message can give little peace for me and others. My wife's and children's application was rejected and we have appealed. It costed me hell lot of money. Am really frustrated with the rejection for no reason, without giving a chance to explain even after taking £1195 per person as application fees.

I know, all here are in same situation.

Anyway, i appealed online on 17th Nov. Yet to get any acknowledgement. Will keep posted....
'

Update, received Notice of Pending Appeal.

[mayav]

Spouse Settlement applied at VFS Chennai: 27 Jan 2017 on Priority
Acknowledgement received: 30 Jan 2017
Visa approved: 01 Feb 2017
Category: Settlement Husband , Category F
Passport collected: 02 Feb 2017
Visa issued for 33 Months

This is second time application. First time was refused due to missing evidence for financial requirement.

Please see list of documents provided in support of this application: Second time: CAT F Director of limited company

General Docs:
1. Online filled Form for the applicant
2. Sponsorship form SU07
3. Appendix 2 form
4. British Passport copy (Sponsor)
5. Spouse Passport (Indian)
6. Two Passport size photo of the applicant
7. Tuberculosis Test certificate
Evidence of English language requirement:
8. NARIC certificate for the Master’s Degree
9. Original degree certificates for my spouse (M.Tech and PhD)
Evidence of Marital Status:
10. Hindu Marriage certificate in English
11. Wedding Photos, Invitation card for proof of Marriage
12. Emails , Call history log, other photos
13. Stamped Pages from Indian passport , British passport ,boarding pass etc
Accommodation requirements:
14. Council tax bill 2016/2017
15. Tenancy agreement of my flat single bed
16. Email proof from owner with no consent for my spouse to live in the flat
17. Latest Energy utility bill
18. Poll card
Evidence of employment for the applicant:
19. Service certificate
20. Relieving letter from the employer
Financial Requirement: - Evidence for Director of limited company:
21. Evidence of registration with Registrar of Companies house IN01
22. Company Incorporation Certificate
23. Evidence showing the details of the Director and Share Capital
24. VAT Registration certificate
25. Current Appointment report from Companies House – Jan 2017
26. Letter from HMRC with PAYE reference
Evidence for FY 20 Apr 2015 – 19 Apr 2016 and for Ongoing employment:
27. Copy of CT 600 for Financial year 2015-2016
28. Evidence of CT600 filing electronic proof from HMRC
29. Annual audited accounts for 2015-2016 filed
30. Letter from Accountant with total earnings for CT 600 period
31. Summary of Invoices, Salary and Dividends for CT600 period
32. Remittances (May 2015- till date)
33. Pay slips covering same period as CT600 ( May 2015- Apr 2016) and up to latest
34. Dividend Vouchers for CT 600 period (May 2015- Apr 2016) (7 nos) and up to Jan '17
35. Annual Return AR01 filed copy for LTD Company
36. SA 100 online HMRC filing log
37. Copy of SA 100 for the year ended 5th April 2016
38. SA 102 for 2015-16 tax calculation
39. SA 302 HMRC Tax calculation Summary year ended 5th April 2016
40. SA 110 or the year 2015-16
41. P60 from HMRC
42. Original Business bank statements covering CT 600 period and up to latest(22 May 15 – 26 Jan ’17)
(Note: Attached Letter from HSBC confirming the Account opening date as previous application was refused asking for that missing period)
43. Original Personal Bank Statement from 20 April 15 – 19 Jan 17,
44. Letter from Agency confirming the daily rate, contract length etc
45. Interim Accounts from the account filed as on 31 Dec 2016
Other Docs:
46. Service Certificate,P60(FY14-15),P45 of the Sponsor as a proof for continuous employment prior to Ltd company


Hope this is useful

Thanks

[stargirl07]

Hi guys,

I have been following this forum ever since my visa got refused. Trying to figure out the timeline. So far:

Applied for visa 20 Oct 2016
Refused :15 November
Received passport :19 November
Husband sent appeal to tribunal on : 5th December 2016
Tribunal logged the case : 11th December 2016
A10 letter of pending appeal received : 20th January 2017

Called the tribunal who confirmed our appeal has been received by Croydon on : 27th Jan 2017

I thought our appeal was going to Delhi BHC but I guess now all settlement cases will go to Croydon .

I just want to know the current waiting timeline for an ecm ECM
decision. Anyone here who knows and can suggest ?

[hshankar_i]

Hello All,

I have received email for withdrawal of refusal notice day before yesterday- 2nd Feb 2017.
My passport has been requested for visa stamping along with an updated Tuberculosis report from Lilavati hospital (since the previous one was expiring within 4 days).
This development is a big relief. I can join my wife now and look for employment in the UK.

I also dont want to forget the suggestions posted here which were very helpful in times of despair.

I also forgot to mention that after receiving the refusal notice, I had contacted the MP with details from my case. He had contacted the high commission office and shared their response back with us- which mentioned the procedure involved in appeal. This is a good route to extract some sympathy from the MP who will make an effort to contact high commission office on the our behalf.
All the best to all those trying. Please feel free to message me in case of any queries from my case. Would be glad to help.

Thanks,
Hari

Hello Whatnext and others,

All the best. I am also awaiting a reply from the ECO.
Had received my notice of pending appeal on the 31st Oct 2016.
Its been 3 months already and have still not got any response.
I was informed that until 13th Feb, the ECO will be allowed to reconsider their original decision.

Am desperately waiting for a positive response. My wife is studying in the UK at the moment.
I had written to the MP a couple of weeks back and had got a response from the MP acknowledging the process that my application was in.
I will be writing to him again reminding him of the current state of affaires.

Any other suggestions would be welcome.

Thanks,
Hari

May be this message can give little peace for me and others. My wife's and children's application was rejected and we have appealed. It costed me hell lot of money. Am really frustrated with the rejection for no reason, without giving a chance to explain even after taking £1195 per person as application fees.

I know, all here are in same situation.

Anyway, i appealed online on 17th Nov. Yet to get any acknowledgement. Will keep posted....
'

Update, received Notice of Pending Appeal.

[pritams25]

Hi, my wife's visa was rejected few months ago and after a successful appeal the ECM overturned the original decision. They emailed requesting her to submit her passport at the Visa Application Centre in India, which is done. However there was no mention of the Immigration Health Surcharge and how I can pay/reference i need to use.

Does anyone know what to expect at this stage? Will they get in touch asking us to pay the IHS?


thanks

[hshankar_i]

Hello Pritams,

You will be receiving an email from UKVI asking you to make the IHS payment online along with the link which needs to be done within a week of them sending the email.

In my case, I had made the payment before submitting my passport along with proofs of receipt of payment etc. However, I also received an mail from UKVI yesterday asking me to make payment for IHS of 600 Qwid.(I believe it to be an automated response). I have replied back to them with a snapshot of the debit entry for the amount paid by me. Awaiting their response now.

Hari

[pritams25]

Thanks, Hari! What sort of timescales can i expect have this email (submitted the passport on 13/02/16).

thanks

[hshankar_i]

Pritams25,I submitted my PP on the 8th Feb and received the email on the 14th Feb. So I believe roughly a week from time of submission.

Thanks,
Hari

[waitingfornow]

Hi all,

My timeline :

Applied 20 October 2016
Refused 15 November 2016
Refusal reason : eco didn't like the quality of our marriage certificate because it was a copy and not original . He also didn't think my husband n I met because he didn't give boarding passes.
Appealed 5th December 2016
Tribunal logged it and payment taken 11th December 2016

IA10 notice of pending appeal : 20 January 2017

My question is when my husband called the tribunal they said our appeal bundle went to Croydon instead of new Delhi bhc where we applied.

He contacted his MP who wrote a letter to the home office and they wrote back that our appeal bundle hasn't been received by New Delhi bhc


Anyone have the same situation/timeline ?

Where does our bundle go I hope it's not lost because it's almost 3 weeks since I received my IA10 and still no one has my bundle ?


Whatnext your timeline looks like mine ..have u received any news yet?