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Appeal or just reapply?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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nat_west
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Appeal or just reapply?

Post by nat_west » Sun Oct 15, 2017 11:57 am

Hi, I was hoping someone could give me some advice. My wife’s spouse visa application was refused last week on the following: (I am the sponsor)
—————————————————————
In order to meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum. You have stated that your sponsor is employed as a ************* earning £**,*** per annum. However, you have failed to provide the specified documents of your sponsor’s employment. You have declared your sponsor is in salaried employment and therefore needs to provide the following:

(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 the Appendix does not apply); - Not provided

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming: - Submitted

(c) Personal bank statements corresponding to the same period 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: - Bank statements not submitted for the required six months.

These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
—————————————————————
Regarding my salary it is comfortably above the minimum requirement so is not the issue but obviously the evidence I provided was.

In the relation to the payslips I provided 6 months and therefore do not understand the wording “Not provided”. I am only given e payslips from my employer but these are still in the form of formal payslips containing all the information required for a formal payslip. In my letter from my employer letter, which they acknowledge was submitted, it also stated that these payslips were authentic. As I am becoming aware of now the issue with e payslips seems somewhat contentious as some people have had these accepted and others not.

In regards to the bank statements these were also provided and from their wording on the refusal letter I can only think they did no accept my last one. This was printed out at my local bank branch and contained all the info required (such as my name etc.) and were stamped by the bank. I thought this was acceptable but maybe in hindsight I should of waited for my next statement to be posted to me when it was ready.

I also submitted a P60 as additional proof of my earnings along with employment contract and employer letter confirming the length of my employment and salary etc.

Maybe it is just wishful thinking but I believe the decision maker could have contacted us to resolve any issue they had. Is it worth appealing and hoping when they review the case that they see they could have issued a visa if they had asked for more information. Or is it better to just take it on chin, reapply and make sure I get the financial evidence perfect next time.

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CR001
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Re: Appeal or just reapply?

Post by CR001 » Sun Oct 15, 2017 2:37 pm

Electronic payslips must be stamped and signed by your employer (each payslip) otherwise they are likely to be ignored as easy to reproduce on a computer.

Branch printed stamped bank statements are usually accepted. Did you submit bank statements covering each salary deposit for the preceding 6 months and made sure that the last bank statement was not older than 28 days?

Appeals take about a year, sometimes longer.
Char (CR001 not Casa)
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nat_west
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Re: Appeal or just reapply?

Post by nat_west » Sun Oct 15, 2017 3:14 pm

My bank statements showed all deposits of my salary for the previous 6 months and were no older then 28 days.

While I understand there has been problems with e payslips and while I’ll make sure they are stamped and signed next time it’s not like a printed old style dot matrix payslip cannot be easily reproduced either or most payslips for that matter.

Should they have accepted the statement within my employer letter about their authenticity? Or would they require a 2nd letter? (Note I would probably do a second separate letter next time just to be sure).

While I’m still yet to decide about the appeal from what reading I’ve done so far I think this decision could get reversed at the ECM appeal review stage. I just need to understand whether we can reapply just in case it proceeds past this stage.

nat_west
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Post Reference Number & Home Office A-N Reference

Post by nat_west » Sun Nov 05, 2017 10:55 am

Hi, I'm appealing the refusal of my wife's visa and just wanted some clarification before submitting the appeal.

On the form it asks for "Post Reference Number" & "Name of decision making Post". On the refusal letter it says "Our ref: Sheffield/6XXXXX". Am I right to assume that the 6 digit number is the Post reference number? For the name of the decision making Post I have selected UKVS Sheffield from the drop down list as this is the only one with any mention of Sheffield.

However, I'm not sure what they mean by "Home Office A-N Reference". Is this the visa application number which starts with 3 letters followed by numbers or is it something else? Any help would be appreciated.

Thanks

nat_west
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Spouse visa decision overturned

Post by nat_west » Tue Jan 02, 2018 9:09 am

Hi, I just wanted to update the board that my wife's visa decision was overturned.

We submitted an appeal on the 6th Nov 2017. On the 8th Dec she received and email telling her the decision had been overturned and to submit her passport. We didn't receive correspondence from the First-tier Tribunal until the following week that our appeal had been sent to UKVI for review. My MP had written me a letter as well asking UKVI to look into their decision and give more feedback on why they refused it. I'm not sure what made them change their minds but I'm not going to lose any sleep over it now.

She submitted her passport on the 11th Dec and received it back on or around the 18/19th Dec. I picked her up from the airport on the 25th Dec. It was the best Christmas present I've ever received.

Hope everyone has a good 2018 and good luck with all your visa related stuff!!!

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seagul
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Re: Appeal or just reapply?

Post by seagul » Tue Jan 02, 2018 3:34 pm

nat_west wrote:
Tue Jan 02, 2018 9:09 am
Hi, I just wanted to update the board that my wife's visa decision was overturned.

We submitted an appeal on the 6th Nov 2017. On the 8th Dec she received and email telling her the decision had been overturned and to submit her passport. We didn't receive correspondence from the First-tier Tribunal until the following week that our appeal had been sent to UKVI for review. My MP had written me a letter as well asking UKVI to look into their decision and give more feedback on why they refused it. I'm not sure what made them change their minds but I'm not going to lose any sleep over it now.

She submitted her passport on the 11th Dec and received it back on or around the 18/19th Dec. I picked her up from the airport on the 25th Dec. It was the best Christmas present I've ever received.

Hope everyone has a good 2018 and good luck with all your visa related stuff!!!
Your appeal was super fast processed. Maybe because caseworker realize that it's minor mistake that they overlooked your employer which was actually confirming your epayslips as real and genuine. Had you applied yourself or solicitor.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

nat_west
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Re: Appeal or just reapply?

Post by nat_west » Thu Jan 04, 2018 1:09 pm

seagul wrote:
Tue Jan 02, 2018 3:34 pm
nat_west wrote:
Tue Jan 02, 2018 9:09 am
Hi, I just wanted to update the board that my wife's visa decision was overturned.

We submitted an appeal on the 6th Nov 2017. On the 8th Dec she received and email telling her the decision had been overturned and to submit her passport. We didn't receive correspondence from the First-tier Tribunal until the following week that our appeal had been sent to UKVI for review. My MP had written me a letter as well asking UKVI to look into their decision and give more feedback on why they refused it. I'm not sure what made them change their minds but I'm not going to lose any sleep over it now.

She submitted her passport on the 11th Dec and received it back on or around the 18/19th Dec. I picked her up from the airport on the 25th Dec. It was the best Christmas present I've ever received.

Hope everyone has a good 2018 and good luck with all your visa related stuff!!!
Your appeal was super fast processed. Maybe because caseworker realize that it's minor mistake that they overlooked your employer which was actually confirming your epayslips as real and genuine. Had you applied yourself or solicitor.
We applied and appealed ourselves. I agree the appeal was processed super quickly. I was really surprised it was resolved before the end of 2017.

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Re: Appeal or just reapply?

Post by Ballmigirl17 » Thu Jan 04, 2018 5:07 pm

Hi

Thats brilliant news that the decision was overturned!

Me and my fiance was refused on the basis i dont earn enough (and i do and all relevant payslips were submitted!) and also that bills were not supplied to prove we lived together ( they was submitted!!)

We have appealed on the 18th dec, so hopefully we hear back as quick as you do!

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Re: Spouse visa decision overturned

Post by Fatima Raheel » Sat Jan 13, 2018 8:12 pm

nat_west wrote:
Tue Jan 02, 2018 9:09 am
Hi, I just wanted to update the board that my wife's visa decision was overturned.

We submitted an appeal on the 6th Nov 2017. On the 8th Dec she received and email telling her the decision had been overturned and to submit her passport. We didn't receive correspondence from the First-tier Tribunal until the following week that our appeal had been sent to UKVI for review. My MP had written me a letter as well asking UKVI to look into their decision and give more feedback on why they refused it. I'm not sure what made them change their minds but I'm not going to lose any sleep over it now.

She submitted her passport on the 11th Dec and received it back on or around the 18/19th Dec. I picked her up from the airport on the 25th Dec. It was the best Christmas present I've ever received.

Hope everyone has a good 2018 and good luck with all your visa related stuff!!!
My appeal was overturned on sep 2017
And i m still waiting to get my passport back 🙁

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