IAFT-2 APPEAL (Refusal of entry clearance)

[samba_naidu2k]

My dependant received the Notice of Decision for a settlement visa.

They refused the visa with reason that the bank statement for the current time period is not an original, but it is a colour scan.

I am appealing against the decision and can provide the original bank statements.We have to send the IAFT-2 appeal form to First-tier Tribunal.

But have a query, do I need to send the original copies of the Bank statements or a only photo copies. Because they have mentioned photocopies of any documents in the FORM IAFT-2. Also I have submitted all the supporting documents during the application, do we need to send the photo copies of all these documents again with the IAFT-2 appeal. Because when I got the refusal documents, with this I got all the documents that we have originally submitted.

Can someone please clarify?

Do I need to send the original bank statements now and re-send all documents that I sent with the original application, or just the original ban statements to support the points of my refusal?

How many days does it take to get all these things cleared and get the Visa?

[batleykhan]

They need to be original bank statements not photocpies.

If teh ECM overturns decison could take about 2 months in total to issue visa. If he doesnt and it goes to an appeal then you are talking 6-8 months.

My advice would be to send teh forms and docs back to the post where you applied and not AIT in UK as they will only post them top ECM ( which will take a few more weeks)

[nare72]

You need to send only the document which address the reason for refusal along with the appeal form and Refusal notice.
The original bank statements upto your original application date should be fine and you dont need to submit any other evidences.

I think it is straight forward case and hopefully it will be overturned in ECM review without going to appeal. Submit the appeal at post not to AIT so you can save some time.

[noble72uk]

Hi
If the Visa officer has requested the original document you need to submit the original bank statement to him/her, if the decision is final (refused) you need to appeal to the (AIT) I think you that have 28days.
I had my brother case refusal as well on visa officer due to bad training, I represented My brother and won the case and even sent my response several pages to the Visa officer representative and a copy to the AIT judge as requested from the AIT judge.
Refusal:
1-Missing my bank statement was true.
2- My brother monthly salary was accounted annual its a (pay slip not a P60).
3-brother is not married………shocking response

The Visa officer representative never came to the court.
The judge agreed with me 200/100. I had a chance to take the Visa officer to the Human right court due to the 3 response.

Visa granted from the judge right away.

PS: if you have to appeal you need to send the appeal to the AIT I sent the appeal by fax: mu self and I’ve represented my brother.

Good luck

[NT1234]

As most people advised send the orginal BS with the refusal letter to the post and hopefully this gets overturn by the ECM..........they really dont want to waste time going to tribunal if they can know that you are going to win the appeal and you will do when the case is presented to the judge..the whole point of having an ecm review before the appeal hearing is to get less cases going to an hearing if the facts are presence and its for this reason why you stand a very good chance of succeeding now before the hearing (if thats all the reason for refusing the visa)...the ecm review is aim to try and get the decision reveersed if you have addressed the reason for rejection in the first instance. good luck

[nasirbaig007]

They need to be original bank statements not photocpies.

If teh ECM overturns decison could take about 2 months in total to issue visa. If he doesnt and it goes to an appeal then you are talking 6-8 months.

My advice would be to send teh forms and docs back to the post where you applied and not AIT in UK as they will only post them top ECM ( which will take a few more weeks)

Hi Batley Khan,

On Appeal form (IAFT-2) under 'Documents to be send' section it is clearly mentioned

Photocopies of any other documents in support of your appeal (in English or a certified translation). You should not send original documents (for example: passports, marriage certificates, birth certificates etc).

Here You are telling to send original BS. it is confusing me. Can you please clarify in light of this extract directly from the appeal form.

Thanks,
Nasir

[batleykhan]

Send the original bank statements not photocopies, otherwise when the ECO/ECM reviews the appeal and finds copies of your bank statements, then he is no further on from when he refused you because you supplied copies of bank staements.

Send the original documents to be on the safe side

[kunal parikh]

Hi

I have also got the same refusal..Could someone please help here.

I am Tier 1 General (HSMP) visa holder. I have recently got married on 21 June 2010 and i put up my wife's file on 22 June 2010. My all the papers were up to date.

However, my wife's visa were rejected on the grounds of stamp of marriage certificate being of a poor quality. we did not submitted any wedding pictures as it was not required and even VFS people in India did not tell us to do the same. we have received the right of appeal. The case worker has clearly mentioned that he is not satisfied that this relationship is subsisting or that I intent to live together in the UK, as required by paragraph 319C (d) and (e) of the immigration rules.

We are going to submitted the reception ceremony pictures and invitation card of the same which was held on 29th June 2010 along with receipt of the hall expense. We are also going to take a covering letter from the solicitor who has issued the certificate.

Do I need to submit my bank balance and all other documents again?
I dont know how does appeal system even work? I have received the guidelines where they only need any additional documents to support the case.


Could someone also share your views what else we need to put up to support the application?

Will appreciate your views and helps as we only have 28 days.

Thanks
Kunal

[batleykhan]

Hi

I have also got the same refusal..Could someone please help here.

I am Tier 1 General (HSMP) visa holder. I have recently got married on 21 June 2010 and i put up my wife's file on 22 June 2010. My all the papers were up to date.

However, my wife's visa were rejected on the grounds of stamp of marriage certificate being of a poor quality. we did not submitted any wedding pictures as it was not required and even VFS people in India did not tell us to do the same. we have received the right of appeal. The case worker has clearly mentioned that he is not satisfied that this relationship is subsisting or that I intent to live together in the UK, as required by paragraph 319C (d) and (e) of the immigration rules.

We are going to submitted the reception ceremony pictures and invitation card of the same which was held on 29th June 2010 along with receipt of the hall expense. We are also going to take a covering letter from the solicitor who has issued the certificate.

Do I need to submit my bank balance and all other documents again?
I dont know how does appeal system even work? I have received the guidelines where they only need any additional documents to support the case.


Could someone also share your views what else we need to put up to support the application?

Will appreciate your views and helps as we only have 28 days.

Thanks
Kunal

Did you meet each other prior to marriage? Did you provide evidence of this. You got married and teh following day you submitted application, I am not suprised you forgot to hand in crucial docs like wedding photos etc.
I think you need to make sure you give teh correct documents and evidence that your marriage is subsistent( phone bills, emails,correct marriage certificate and wedding photos).

You need to complete AIT2 form ensuring you word it appropiately and send it back to post where your wife was refused. You do not need to send docs that you have already sent, just those docs that would prove the points that you were refused on only.

Remember 28 days limit by which you have to get docs together and send them off

[roobaru]

Sorry to post on such an old chain.

My wife and daughter have been refused entry as we hadn't submitted the originals as advised by the VFS offier. Can somebody guide me on how to fill the appeal form?

I am planning to send the originals for all the supporting documents supplied. Should I send the passports of my spouse and daughter along with the appeal forms?

[batleykhan]

Sorry to post on such an old chain.

My wife and daughter have been refused entry as we hadn't submitted the originals as advised by the VFS offier. Can somebody guide me on how to fill the appeal form?

I am planning to send the originals for all the supporting documents supplied. Should I send the passports of my spouse and daughter along with the appeal forms?

You need to send the missing documents ( in original forms)along with the appeal form and refusal notice given to your family with it.

Send it to the post where you were refused and not AIT ( as this will save you sometime).

Remember you have 28 days from the date your wife was issued with refusal ( not the date that it was refused).

In your appeal notice, you can act as your wife s represenative if you want. If not get a good solicitor to act on your behalf.

Hope this helps. Good luck

[shahzad80]

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[shahzad80]

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[allgo]

quite late asking question in this thread. did u actually submit a colored scan in the first instance?

[roobaru]

Thanks everyone.

I have submitted the appeal papers to the POST, but it seems even getting an appeal reference takes 10 working days.

In response to allgo, No I did not submit coloured scans.

Shazad80, how much time did it take for you to get an acknowledgement of your appeal?

[shahzad80]

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[parikhmegha]

Hi,
Actuall appeal is allowed from Asylum and Immigration tribunal, Now UK border Agency BDHC,Mumbai call for Digital Photo, Fingerprint scans to Mumbai and also want all original documents submitted at the time of application.

1) why they call to B'bay , I am from A'bad and VFS a'bad has all these facility.
2) It's too old case so, I have to find my original docs.
3) Is there possibility to verify again my all docs, even I won the appeal.
4) they should photocopies of my all docs, than why they require all docs.

any of you know about this Pl.reply because they give me One month time only and I received letter too late.

[shahzad80]

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[shahzad80]

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[parikhmegha]

1) why they call to B'bay , I am from A'bad and VFS a'bad has all these facility.

Not suppose to.Ring application centre ask ask them.

2) It's too old case so, I have to find my original docs.

If this is mentioned in call letter then Yes.

3) Is there possibility to verify again my all docs, even I won the appeal.

Yes

4) they should photocopies of my all docs, than why they require all docs.

To see if there is any change in circumstances or they doubt any deception so they need orgional.

Shahzad

Thanks for reply,
But in my case, I won the appeal & BDHC call me Bombay for fingerprint scan and digital photos only and I have to submit my passport with call letter and I can't understand why they want all original docs.
If they want to verify my original docs than they have photocoies and if any doubts than they can appeal against Judge's decision.
and instead of call to Mumbai they can give me right to submit my passport and docs in local VFS and they can do my fingerprint scan and digital photo there.
Now actually I have to find & collect my all original docs as it's five year old case.If not all docs available than??

[Jattboi]

Ia am currently going through the appeals process. does anyone here know what the time-line is roughly. Refused in India (Fiance visa) appeal sent to AIT Leicester UK

Submission 15 Nov 10
Visa Refused 12 Jan 11
In hand 18 Jan 11
Appeal Sent 26 Jan 11

any one in same situation would be appreciated to share experiences.

[geriatrix]

See also Settlement appeals lodged at Post and Settlement appeals lodged in the UK.


regards

[allgo]

@roobaro and @jattboi -
Same boat as you. My wife appealed on 31st jan 2011 and not heard anything yet. Still waiting for any sort of response from Delhi BHC. As for your case... any updates?

@Shahzad - did you appeal in POST or directly in UK?

[shahzad80]

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[allgo]

hmmm... but then as per the flowchart it seems it is faster if one appeals at embassy as even if you appeal at UK they will first send to embassy. But guess you are right that in UK the appeal Id gets generated and then u can track it as well as one can expect a definitive date. wish u all the best and I hope you as well as all of us in the same boat hear something positive from embassy soon