ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

spouse settlement appeal

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

Locked
junebug
Newly Registered
Posts: 1
Joined: Thu Feb 10, 2005 7:18 pm
Location: Wales

spouse settlement appeal

Post by junebug » Sat Feb 26, 2005 11:07 am

We applied for my husband to get a spouse visa in May 2004 at the consulate in his home country. His application was referred to the Home Office and the visa was refused in December. We lodged the appeal in January, but have been told by the entry clearance officer that as the Home Office made the decision to refuse, the appeal is reviewed by the Home Office Appeals Processing Centre, and that they can't give any timescale as to when the APC will reply. Does anyone have any experience of this and how long it might take for a reply? I can't find any guidance, and I'm not sure what happens if the Home Office decides to uphold the decision, do they start to prepare the case to go before the adjudicator straightaway, or what? :? I have no idea how long its going to take :cry:

Our circumstances have changed since the time we made the application. We are considering whether or not to make a fresh application. If we did so, would it be conceivable that the entry clearance officer would make the decision themselves, or would they automatically refer the application to the Home Office again in order to marry up the files? If the application were to be refused locally, would the appeal process go through any quicker, or would it make no difference as we already have one appeal lodged and they would want to consider the two in tandem?

Cosmopol
Member of Standing
Posts: 439
Joined: Fri Sep 12, 2003 2:01 am
Location: London

Post by Cosmopol » Sat Feb 26, 2005 11:36 am

Since we know next to nothing about your circumstances - previous, or changed - it's difficult to say anything conclusively.

All other things being equal, I wouldn't file a second application "in tandem". I'd either look for ways to add the new information to the pending case (which may or may not change the venue that's considering it, as well as the timescale), OR withdraw the pending case, and only then file a new application.

It's always advisable to rely on licensed professional help in complex cases.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sat Feb 26, 2005 12:44 pm

Junebug, I agree with Cosmopol, without knowing the reason(s) for the refusal it is not possible to know how to proceed.

Can you say whether the grounds for refusal were concerning financial matters? Accommodation? "Evidence of contact"? Also can you say which embassy or consulate we are talking about?

More importantly, whatever the ground(s) for refusal, are you now confident that the particular test(s) have been met?
John

journey
Newbie
Posts: 49
Joined: Tue Nov 09, 2004 2:56 pm

Post by journey » Sat Feb 26, 2005 8:13 pm

junebug,

We will be intersted to know ground of refusal, as I have been told by several solicitors & barristers that if all documentation are in order and requirements of following are fulfilled then it is difficult for ECO to refuse the application.

Adequate fund to maintain both (full time employment or massive savings)
Proper accomodation
Proof of contact since got married
intention to live together for forever.

Hope for the best.....but indeed it is hassel for both of you....

sreeni
Junior Member
Posts: 91
Joined: Mon Feb 28, 2005 2:37 am
Location: Preston, UK

Post by sreeni » Tue Mar 29, 2005 1:12 am

hello june bug i have just recently been in a similar situation, although maybe not exactly the same. When my wife was refused we appealed and with the appeal form you can write a letter, in this letter you must counter each of the reason the ECO has given for refusing your application in the refusal letter. Without knowing what reasons he has refused your application its hard to say what to do.

As you say your circumstances have changed then this is a chance to put those as well as part of the appeal.

Although the appeal process may take a long time , in the appeal form/letter if all documents showing evidence to refute the reasons for the refusal are given thenwhen you submit the appeal (at the embassy that refused it)when they review it before sending it to the APC they may then decide that an appeal is uneccesary and ask you to withdraw the appeal. In my experience this process doesnt take that long and will be done in less than 1 month after they recive the appeal, within 1 week they send an acknowledgement letter to say they have the appeal and within a month they asked us to withdraw the appeal and take the medical exam.

my wife has had her medicals and we are to fone them after 10 days to see what to do.

Hope this has been useful, and good luck, dont worry God has a plan:)

Locked