ECM Finally agree to review our case

[Londoner007]

One of my good friend and work colleague drove to Tirana and said never again, ended up costing more in fuel. Anywayz I think it will be good for you to go visit @Ballgirl17, it will atleast de-stress you hopefully :0)

[Ballmigirl17]

Once the website works and it give you a timeline as to how many days/weeks

If you go over that date, MP can intervene also. My deadline for a decision was 22nd December and I had my MP on standby waiting for that date that if we didn't have a decision by that day she could send an email.

But i am sure it wont come to that for you.

[01484]

Hmmm.... i went to see her in Nov came back end of December.... work wont allow me to go again now already been twice after marriage.... been taking special leave i guess its better to wait now

[Ballmigirl17]

One of my good friend and work colleague drove to Tirana and said never again, ended up costing more in fuel. Anywayz I think it will be good for you to go visit @Ballgirl17, it will atleast de-stress you hopefully :0)

Yes its true, fiance is already dreading the drive but he also says its worth it

Thank you

[Ballmigirl17]

Hmmm.... i went to see her in Nov came back end of December.... work wont allow me to go again now already been twice after marriage.... been taking special leave i guess its better to wait now

Yeah i had the same problem, then i lost my job for this reason (along with many others, depression, letting my personal life affect work) but the job was crap anyway lol but I got another one which is so much better and more understanding.

[Londoner007]

@Ballmgirl17, in your opinon is an intervention from an MP from the beginning / earliest possible, provide any real help with such matters? would you say its best to get MP involved / made known of your issues asap?

I ask because there seems to be alot of MP who get fobbed off by Home Office, wonder if they have any real impact at all?

[Ballmigirl17]

@Ballmgirl17, in your opinon is an intervention from an MP from the beginning / earliest possible, provide any real help with such matters? would you say its best to get MP involved / made known of your issues asap?

I ask because there seems to be alot of MP who get fobbed off by Home Office, wonder if they have any real impact at all?

It probably has no affect as like you said they get fobbed off as much as I do, and my MP was a bit rude and made some comments about the situation which i would have loved to have told her where to go, but had to keep her on side lol.

But I will say caseworker who is dealing with our case, she has some knowledge of how to get round them and has been amazing and has tried and is continuing to try everything she can. Even though initially when she told them to reconsider the case they said no and I managed to get them to reconsider all by myself. I just think the more pressure they apply helps to show that we as applicants/sponsors are serious about it. For some MP caseworkers, if they dont have the knowledge in how to speak with them or are not familiar with immigration cases then it can be more difficult.

For us its just to show that we have tried every avenue we can to get someone a bit more senior to intervene and we can show that at court if we get that far

[01484]

quick question which sprung into mind is that when the solicitor filled in the online application form on the date of intended travel he put 09 May 2018... i was wondering will that be the date when she can enter the UK?
From looking at the most recent applications it looks like the visa is granted immediately as soon as the passport is collected.
So do you guys have an idea if she gets her visa in April will she be able to come straight away or will she have to wait till the date intended to travel as per application form?
Thanks

[Londoner007]

@ Ballmgirl17 thanks for the input. It appears some have more influence as compared to others. It's all about contacts as it appears!

@ 01484 they usually follow the intended date if Visa issued within that intended travel date. Why did you guys put such a long date, its just a rough date and not set in stone. Some people put date as the following month.

[Ballmigirl17]

I have spoken with the courts this morning who have, after 3 months of receiving our appeal, finally sent back for to the home office for an appeal review on Friday 16th March. Our deadline is 29th June, 15 weeks from Friday just gone.

Is the review the home office have agreed to do because we made complaint after complaint, going to be conducted the same way an appeal review would be done? meaning that they agreed to review on 27th Feb, meaning our deadline is now 12th June?

Its all a bit confusing.

[Ballmigirl17]

Hi All

I have searched and found 3 addresses for the Home Office, (asides from Sheffield where I physically cannot get to) I have found one in Westminster (London), one in Southwark (London), and one in Croydon.


In light of all the issues we have had previously I would like to visit them to see if anything I can do in person rather than keep being fobbed off and waiting 20 days for emails. I know a lot of people may advise me not to attend but I will go with peace, and it might not even do anything but for my own sanity at least I can say I have tried.

Does anyone know which office would be the appropriate one to deal with my issues??

Kind regards
Paige

[CR001]

You cannot 'walk in' for help or advice. You won't even get past the front door security.

Croydon is a premium centre and without an appointment, you won't be allowed in.

The other offices are likely different divisions or departments of HO, not necessarily related to visa applications.

[Ballmigirl17]

I did think that was the case hence me asking the question before I turn up.

It would be useful to know which center can offer the services I am looking for as I cant get through on the phone or find anything online, if I know the appropriate place to go I will make an appointment etc and follow the right procedures.

I know you must think I am crazy for even considering so, but this has gone on for far too long and all I am trying to calmly do is put an end to it before there are serious consequences. if its not possible to go then its not possible, but surely there must be someone who works for the home office who genuinely has a heart. I am out of options, I have tried to seek help from everywhere possible. I am drained physically and mentally and as a duty to my fiance I feel I need to try everything I can. I hope you can understand

[CR001]

It would be useful to know which center can offer the services I am looking for as I cant get through on the phone or find anything online,

There isn't one.

if I know the appropriate place to go I will make an appointment etc and follow the right procedures.

There isn't a facility or service like this for your circumstances. Appointments are for visa applications in person, not general queries about your situation.

[Ballmigirl17]

It would be useful to know which center can offer the services I am looking for as I cant get through on the phone or find anything online,

There isn't one.

if I know the appropriate place to go I will make an appointment etc and follow the right procedures.

There isn't a facility or service like this for your circumstances. Appointments are for visa applications in person, not general queries about your situation.

I see.

Thanks.

[Lulu65]

Hello Ballmigirl,

I also had problems getting answers from HO and, at one point, contacted my solicitor for advice. This is what she told me: "It may also be worth attempting to call in person at the office dealing with the matter. Some will only allow entry if you have an appointment but I know that some clients have managed to get answers by attending in person."

Now. being in Canada and having been refused entry to UK because of visa being refused, it kind of makes it difficult for me to go there in person. Solicitors are, in my opinion, as worthless as HO customer service people. Plus, I wouldn't know which office was dealing with my case. But solicitor seems to think it can be done.

Good luck

[Ballmigirl17]

Hello Ballmigirl,

I also had problems getting answers from HO and, at one point, contacted my solicitor for advice. This is what she told me: "It may also be worth attempting to call in person at the office dealing with the matter. Some will only allow entry if you have an appointment but I know that some clients have managed to get answers by attending in person."

Now. being in Canada and having been refused entry to UK because of visa being refused, it kind of makes it difficult for me to go there in person. Solicitors are, in my opinion, as worthless as HO customer service people. Plus, I wouldn't know which office was dealing with my case. But solicitor seems to think it can be done.

Good luck

Hi Lulu think i have spoken with you on another forum!?

I hope things are looking up for you - things for us certainly are not!

I may speak with my solicitor regarding attending the home office, but then me just being a partner they probably wont tell me anything anyway. but always worth a try i guess, not sure what else to do. I am sick of the waiting around. If I am not actively seeking ways to fix this then in my eyes I feel useless and not doing my job as good wife. i feel if i do nothing they might have another reason to add to their list that we are not genuine relationship.

my plan is to get on their nerves as much as possible so that they wont want to deal with us anymore and just give us what we want to shut us up lol.

[Lulu65]

Yes Ballmigirl, we have spoken before

We had developments on our end. After threatening to make formal complaint to HO and Ombudsman, I finally received my call letter to pay IHS and hand in my passport. I received it on the last day of the 8th week they had has a timeframe. I don't know if that threat had anything to do but I know I sent them about 4-5 emails after that one and they never answered me

I don't know how long it's going to take them to send my passport back with the visa but I'm preparing another threatening email if I don't get it back by end of April. I need it by mid-May if I'm going to be married in June as planned. It would be the third time we postponed it...

My solicitor has also advised me to email them as much as possible so, all I can say is, keep at it, don't give up. I know exactly what you're feeling!

Best of luck and keep me posted xx

[Ballmigirl17]

Hi Guys

I just thought if i posted my refusal then maybe you will be able to make more sense of it, i have been over it 10000 times to see if there is anything else i can pick out...

REASONS FOR REFUSAL ROA

On 26.09.2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner Paige
xxxxx

Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.

This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.

We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:

Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.

Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement
 You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1.
to 2.10. because you have stated on your application form that your relationship
began in April 2016 and you moved in together in June 2016. I have noted that
there are no documents or Home Office records which demonstrate how you
entered the United Kingdom, nor are there any documents to demonstrate you
regularised your stay in the UK before you departed on 25.09.2017.

 In support of your application you have provided photographs of you together,
however as you have stated you have cohabited since June 2016 I would expect
to see documents confirming this such as joint tenancy agreements and utility
bills. You have not provided any such documents. I have noted you have provided
brochures and enquiries regarding your wedding, however , there are no definite
plans arranged. Based on the evidence provided, I am unable to ascertain when
you have been in a relationship since April 2016.

 I therefore am not satisfied your relationship with your sponsor is genuine and
subsisting or that you are seeking entry to the UK to enable your marriage to take
Appendix FM Partner Refusal Version 01 17
\\SHEFO15\Proviso$\Documents\2017-Dec\707661_Family EC partner refusal letter_20171213033951.doc
place. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

Eligibility Financial Requirement
 You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to
3.4. because your sponsor is not exempt from the financial requirements as
defined paragraph E-ECP.3.3. I am not able to take into account any potential
employment you have available to you in the UK . 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 in your Appendix 2 that you intend to meet the Income threshold
through your sponsor’s current salaried employment with xxxxxxx and her previous salaried employment with xxxxxxxxx.
Your sponsor has only been employed by xxxxxxx since August
2017 and I have only been able to count that gross monthly income towards the
required income threshold ie £1376.81. From the documents provided your
sponsor’s gross income from her previous employment with xxxxxxx was £1550.00 per month. Therefore in the 12 months prior to the application your sponsor had a gross income of £18,426.81 .

 I am not satisfied that you and your sponsor have demonstrated that you can meet
the financial requirements of the Immigration Rules. I therefore refuse your
application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration
Rules. (E-ECP.3.1).

Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances

We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as
applicable, whether there are exceptional circumstances in your case which could or
would render refusal a breach of Article 8 of the ECHR because it could or would result in
unjustifiably harsh consequences for you or your family. In so doing we have taken into
account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant
child as a primary consideration.

Based on the information you have provided we have decided that there are no such
exceptional circumstances in your case.
Refusal under the Partner Rules
Appendix FM Partner Refusal Version 01 17
\\SHEFO15\Proviso$\Documents\2017-Dec\707661_Family EC partner refusal letter_20171213033951.doc
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix
FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance
on the 5-year partner route, or on the 10-year partner route on the basis of exceptional
circumstances, under Appendix FM.

[connelly6345]

I have read all 4 pages, you really do need to calm down your illnesses are going to get even worse, you really do come across obsessed you just need to wait there are thousands of appeals going on and everyone is in the same boat we all just need to wait which is really hard I am sorry I am not giving any advice but I just don't want you to make yourself worse.

[kapoork2]

Hi Guys

I just thought if i posted my refusal then maybe you will be able to make more sense of it, i have been over it 10000 times to see if there is anything else i can pick out...

REASONS FOR REFUSAL ROA

On 26.09.2017 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner Paige
xxxxx

Your application has been considered under those Rules, and with reference to Article 8
of the European Convention on Human Rights (ECHR). The relevant Immigration Rules
can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.

This decision takes into account as a primary consideration the best interests of any
relevant child in line with section 55 of the Borders, Citizenship and Immigration Act
2009.

We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the
following reasons:

Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.

Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement
 You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1.
to 2.10. because you have stated on your application form that your relationship
began in April 2016 and you moved in together in June 2016. I have noted that
there are no documents or Home Office records which demonstrate how you
entered the United Kingdom, nor are there any documents to demonstrate you
regularised your stay in the UK before you departed on 25.09.2017.

 In support of your application you have provided photographs of you together,
however as you have stated you have cohabited since June 2016 I would expect
to see documents confirming this such as joint tenancy agreements and utility
bills. You have not provided any such documents. I have noted you have provided
brochures and enquiries regarding your wedding, however , there are no definite
plans arranged. Based on the evidence provided, I am unable to ascertain when
you have been in a relationship since April 2016.

 I therefore am not satisfied your relationship with your sponsor is genuine and
subsisting or that you are seeking entry to the UK to enable your marriage to take
Appendix FM Partner Refusal Version 01 17
\\SHEFO15\Proviso$\Documents\2017-Dec\707661_Family EC partner refusal letter_20171213033951.doc
place. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

Eligibility Financial Requirement
 You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to
3.4. because your sponsor is not exempt from the financial requirements as
defined paragraph E-ECP.3.3. I am not able to take into account any potential
employment you have available to you in the UK . 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 in your Appendix 2 that you intend to meet the Income threshold
through your sponsor’s current salaried employment with xxxxxxx and her previous salaried employment with xxxxxxxxx.
Your sponsor has only been employed by xxxxxxx since August
2017 and I have only been able to count that gross monthly income towards the
required income threshold ie £1376.81. From the documents provided your
sponsor’s gross income from her previous employment with xxxxxxx was £1550.00 per month. Therefore in the 12 months prior to the application your sponsor had a gross income of £18,426.81 .

 I am not satisfied that you and your sponsor have demonstrated that you can meet
the financial requirements of the Immigration Rules. I therefore refuse your
application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration
Rules. (E-ECP.3.1).

Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances

We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as
applicable, whether there are exceptional circumstances in your case which could or
would render refusal a breach of Article 8 of the ECHR because it could or would result in
unjustifiably harsh consequences for you or your family. In so doing we have taken into
account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant
child as a primary consideration.

Based on the information you have provided we have decided that there are no such
exceptional circumstances in your case.
Refusal under the Partner Rules
Appendix FM Partner Refusal Version 01 17
\\SHEFO15\Proviso$\Documents\2017-Dec\707661_Family EC partner refusal letter_20171213033951.doc
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix
FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance
on the 5-year partner route, or on the 10-year partner route on the basis of exceptional
circumstances, under Appendix FM.

I am really sorry but i do not understand the refusal under financial requirements. can you explain it further please ? I mean what you earned and evidence you provided.

[kapoork2]

@Ballmigirl17 I have read a lot of your posts and would like to share my experience with you. My Indian wife's visa has been recently refused. She is 5 months pregnant. I can understand what you are going through. As Londoner007 somewhere said "gone are the days when being a British Citizen meant something". He seems to very active on this site answering people's questions along with some others. FAIR PLAY TO ALL OF THESE PEOPLE!
I would share my story with you. A few years ago I was working for UK Ministry of Defence and I was posted in Germany. I did not meet the eligibility for British Citizenship at that time, the application was still GRANTED becasue i simply sent a letter from the MOD to home office. My British Passport was delivered very urgently on a military base in Germany after I did the OATH in Hamburg. Now I am an ordinary civilian and although my current salary is above £50,000/-, My wife's visa is refused because HO didnt think my marriage is genuine and they want proof of contact between me and my wife. Funny thing is, they themselves granted a 2 year visit visa to my wife which is STILL valid. Exactly same documents were provided for visit visa and spouse visa to prove our marriage. My wife stayed with me IN THE UK for most part of last year. How and what proof do you provide for somebody living with you apart from photos? I had her registered with GP while she was here BUT that letter isnt good enough for HO. She was on tourist visa so all the banks refused to give her a bank account, she couldnt apply for National Insurance number. We rented a house from a friend who paid all the bills we will just transfer him the money. So how do i provide a proof of contact????
I am far more frustrated and angry than anyone here. So much so that we decided to leave this country. I served in the military, I FOUGHT FOR THIS COUNTRY and i dont give them the right to treat me like this. I will finish my current job contract and leave because there are far better places to live in the world. Also, i dont allow an idiot sat in HO to tell me my marriage is not genuine.
BUT you have decided to stay. If you REALLY know you are RIGHT, then keep fighting. If all the complaints still prove worthless, then write to HO that you will sit outside Prime Minister's office on a hunger strike. Send a copy of that letter to BBC and Daily Mail. This will create a lot of movement between departments. You have nothing to lose. They cannot arrest you for that either. But make sure you are really right in your application before you go that far. Media can sometimes be a far bitter pill to swallow for HO than you would think.
Good luck

[Londoner007]

@ kapoork2 , there were two people I heard from that found it hard to get their entry clearance for their wife. One, was a doctor who had helped so many patients in UK and earned 80k+ and another was a person who actually worked for the Home Office.

They both felt betrayed by the very same society they served so much.

I strongly believe it all depends on the ECO you get and how they are on the day of making a decision. You may get two similar cases and one will get approval and the other may not. Above all, I strongly believe it all depends not just if you fully meet the requirement but on your fate, which is beyond our control and with the All Mighty. For example, when it is your turn to be granted visa, you will get it.

All the best to everyone waiting for a decision and know that you tried your best.

[Katie_France]

I strongly believe it all depends on the ECO you get and how they are on the day of making a decision. You may get two similar cases and one will get approval and the other may not. Above all, I strongly believe it all depends not just if you fully meet the requirement but on your fate, which is beyond our control and with the All Mighty. For example, when it is your turn to be granted visa, you will get it.

I absolutely agree with that... but it’s very sad, maybe even second time won’t be my turn (

The process is very unfair and destroys lives

[Lulu65]

I think that, after I get my visa, I will seriously look into a Group Litigation... They can't just behave that way and treat people like garbage and get away with it. It's not right and they should learn their lesson!