Appeal / reconsideration confusion, decision overturned!!

[Jedai Prince]

Dear members,

I was previously refused spouse visa for missing docs on may 2018 and after contacting MP HO agreed to reconsider and asked for missing docs, meanwhile I also filed for appeal. HO told us and MP a decision on reconsideration will be made as soon as they can. After waiting for months , Me and my employer were interviewed and told a decion will be made in few weeks. They delayed the decision and last week I was send a letter from tribunal confirming an appeal hearing date.

I was so upset as HO promised us they would reconsider and let us know the new decision but instead they went for appeal hearing.I contacted the UKIV customer service and was told that the decision on my reconsideration was still pending and they will make a decision shortly. Today I received an email from Sheffield decision making centre not from appeal review department and it's below as follows:



The decision to refuse your visa application has been overturned and our office will now proceed to the next stage of your application. To complete this process we require you to undertake the following steps:

1. Please submit your passport to the Visa Application Centre (VAC) where you made your original visa application .

2. Please also submit a copy of this e-mail so that the Visa Application Centre will accept your passport.

3. If you require a TB certificate for travel, please ensure this is up to date and valid.

You will be contacted when a decision has been made and your passport is ready to be collected.

Kind regards,

UK Decision Making Centre



1. Does this means that they will issue a visa? How long will it take to issue visa? They didn't ask for IHS also my previous IHS surcharge is still not been refunded. Do I have to pay again, if yes how?

2. Do I have to cancel the appeal?

Kindly advice
Many thanks

[seagul]

In my guess they have already indicated you in their email that they have overturned their refusal decision and asking your passport means you would be issued with visa. And I think if they haven't asked you IHS is because they haven't refunded you your previously paid IHS and the same they would consider it this time. In my opinion until you not get visa don't withdraw appeal.

[Jedai Prince]

Thank you so much Seagul

still not sure if they will ask me for IHS or as most people I have seen here had to pay again, but I hope it goes like you say. I hope they don't ask for another IHS as it's doubled now

My TB certificate has expired, I will get another test done soon. But do I also have to submit TB test certificate along with passport and a copy of email? Or it's only required once I travel after issuing visa??

Please help me clarify?
Many thanks

[seagul]

Thank you so much Seagul

still not sure if they will ask me for IHS or as most people I have seen here had to pay again, but I hope it goes like you say. I hope they don't ask for another IHS as it's doubled now

My TB certificate has expired, I will get another test done soon. But do I also have to submit TB test certificate along with passport and a copy of email? Or it's only required once I travel after issuing visa??

Please help me clarify?
Many thanks

As per common sense why you believe that you will need to provide a new TB test certificate since its not a new application rather your previous application has been reconsidered. And also why not you email them back/write them back that your unrefunded IHS should be used.

[Londoner007]

If they want you to pay something they will ask you to do so. I am guessing your IHS payments hasnt been refunded.

[seagul]

If they want you to pay something they will ask you to do so. I am guessing your IHS payments hasnt been refunded.

They didn't ask for IHS also my previous IHS surcharge is still not been refunded.

[Ballmigirl17]

Congratulations!!

So glad its finally almost over for you x

[nav7860]

Hi brothers and sisters i have the same as jedai prince and received the email of refusal overturned and ready for next process i was wondering and i do humbly apologise but if anyone could shed some light with any experience in the past with this situation and what was the outcome passport and letter of submission and ihs fee was all paid and submitted passport initially submitted today does anyone know what sort of time line we are looking at for the return of passport and that email is that a sign of sucess. Praying for all brothers and sisters all apolgies in advance if i said anything wrong.

[Londoner007]

No one can tell you as every case is different. You can be looking at anywhere between few weeks to around 12-15 weeks to receive visa after overturn. Just depends how quickly they communicate with all parties. InshaAllah you get it soon.

[Jedai Prince]

Thank you Londoner007 and Seagul for all the advice and thank a lot Ballmigirl17 for your reply, Nice to see you . I hope and pray they issue the visa soon.

@nav7860, I really don't know how long they take , the lady at the vac said it usually take one month. But I have seen some people wait for months . Also most people are emailed and told that a visa would be issued but for me they said a decision will be made instead.

So I am kind of confused as to what they meant by that. I have recently changed my job. Don't know if that would cause anybe problems. Does anyone know if ECO will check the entire application again or just issue visa . Kindly give us ur inputs.

Many thanks

[nav7860]

@jedaiprince one month isnt too bad waiting time but i hear sometimes they take ages my original application was on priority . If it says refusal overturned most likely means you are sucessful but some people get email saying we are ready now to issue you with a visa we didnt get that so i guess they will probably do final checks before issuing visa.

[nav7860]

@jedaiprince not too sure about the job change issue hope it shouldn't be a problem but i have no knowledge on this issue best of luck though please do let us know when you hear something.

[Jedai Prince]

Thanks Nav7860, did you get your IHS surcharge refunded after refusal, also did they ask for a new IHS fee?

What format did they write in your passport submission email ? Was it same as mine in the original post or different?

[nav7860]

@jedaiprince no i didnt get mine refunded just had to make and additional top up as it was falling short of some. My format was:

The decision to refuse your visa application has been overturned and our office will now proceed to the next stage of your application. To complete this process we require you to undertake the following steps:

1. Immigration Health Surcharge (IHS) payment needed


Then once i made the topup i received another email to submit the passport and email them with submission date i dont know if that means positive news or what they will do im so confused.

[Jedai Prince]

I don’t understand, If you already paid ihs , why did they ask u again?

They didn’t ask me to email them with submission date. Don’t know why ukvi asks people differently, maybe yours might be quicker than mine because they asked u to email them back.

[nav7860]

@jedai prince - apparently the fees has increased thats why they asking for more i received first email saying that they reconsidering and will advise and then second one they said the refusal has been overturned and now i have to pay ihs fee once i paid that then they emailed me saying please submit passport and then email us once submitted. im not sure what they will say or do now but its very confusing

[CR001]

@jedai prince - apparently the fees has increased thats why they asking for more i received first email saying that they reconsidering and will advise and then second one they said the refusal has been overturned and now i have to pay ihs fee once i paid that then they emailed me saying please submit passport and then email us once submitted. im not sure what they will say or do now but its very confusing

Fees for IHS have NOT increased yet. Scheduled to increase only in the second half of December if passed by the House of Commons!!

[nav7860]

The IHS increase (Immigration (Health Charge) (Amendment) Order 2018) was approved by Parliament yesterday. This means that it will come into force on a date of the Government's choosing on or after 19 December 2018. As long as you apply online by then, you will pay the old fee until then.

[Jedai Prince]

Hi Nav7860, did I receive any updates on your application?

[nav7860]

Hi @jedai prince nothing at all i wonder what they will say as it is near christmas im not expecting and answer very soon also have you heard anything. Good luck brother

[Jedai Prince]

Hi nav7860, it's been 3 weeks for me , no news yet ,if any updates from your side do let us know bro, hope they issue us visa soon , inshallah

[Jedai Prince]

Hi guys, I would like to thank you all from the bottom of my heart for all the help and support you guys have given me in this forum.

My spouse was issued visa today and I would like to wish every one all the best for their applications. I pray to the almighty and hope ukvi grant you all visas to unite with your other half in UK.

[nav7860]

Mashallah congratulations brother @jedaiprince im still in the waiting que maybe due to holidays mine may take longer allah knows best but thank you for the duas and best of luck hope you have a great future.

[uddin000]

Hi guys, I would like to thank you all from the bottom of my heart for all the help and support you guys have given me in this forum.

My spouse was issued visa today and I would like to wish every one all the best for their applications. I pray to the almighty and hope ukvi grant you all visas to unite with your other half in UK.

i need your help, my wife spouse visa been refused after waiting 3 months. shes in tears. this was our secound application.

i applied using 2 jobs and savings.

in my 2nd job they said they only got 3 months, payslips, april, may and july 2018..Thats not true. I PROVIDED PAYSLIP FROM APRIL TO SEPT. I have proof i sent 6 months. I got all 6 months payslips back from the homeoffice when i sent it to them.

also they said i didnt meet the financial requirement using the 2 jobs..but they didnt count my savings?

my solicitor advised me to appeal..but it can take upto 12 months. what should i do? thanks

[Jedai Prince]

Hi Uddin000

Your case is similar to mine. I was refused because of some missing payslips like yours. I was advised to make new application by everyone as it the quickest and easiest way. I ignored their advice and appealed immediately. I also send complaint to the ukvi complaint department explaining what happend. It didn’t help much really. They reply back within 20 working days . I also send complaint to the ukvi customer service and it wasn’t helpful aswell. At the same time I booked an appointment with my MP and explained him the unfair refusal. I took all the documents with me including the missing payslips and also the documents confirmation letter from ukvi after they returned my documents.

I pointed out few points to my MP

1. There was a factual error
2. Caseworker failed to exercise evidential flexibility
3. Caseworker failed to request the missing payslips ( last month there has been a change in immigration policy and case workers are required to request you in writing to submit the missing documents within a certain period of time before a decision is made) discuss this with your lawyer .

4. Caseworker didn’t apply immigration law appropriately and it was unfair on you as it’s your second application. It has caused you great distress both emotionally and financially.

5. The homeoffice should reconsider your application Because it will not only be fair but it will also save wasted cost for both parties.


Point these out and ask you MP to write to ukvi . Hopefully they will reconsider and ask you to submit your missing docs. It could take more than. Month for them to respond to PM letter. It will take 3 months for the outcome if they reconsider.

If they don’t email you or refuse to reconsider ask your MPs help to make a complaint to the parliamentary Omdurman. You can also convince your Mp to write to Sajid Javid. You can also publish your story on newspapers . All these methods can force ukvi to reconsider and overturn The decision. I didn’t have to go through all these as mine was reconsiderd after MPs letter to UkVI.

Lastly you can also send pre action protocol to Ukvi and consider judicial review. This might speed up the process from ukvi. But you have to file for judicial review within 3 months of your application being refused.

Although I cannot give u 100% assurance, there is high possibility that they will reconsider and overturn their decision.

If they don’t reconsider your application, which I think is less likely, go ahead with your appeal. It’s time consuming but atleast you can explain at the hearing with all the proofs to the judge and your appeal will be definitely granted. It’s always best to maintain an income of 18600 until your are issuers a visa. Also make sure to get help for an experience and good solicitor. He should have past experiences in dealing with spouse visas.

I wish you all the best brother and don’t stress, just keep cool and be patience and positive. Your wife will be with you one day, Inshallah