Urgent help please - Spouse visa refusal under new rules

[rodger]

Hi,

I am sorry if this was already covered in the topics -I'd tried searching through existing discussions, but am in urgent need of advise, so am throwing this out - really really appreciate input from senior/moderators

Situation is this -

Applied for my wife's spouse Visa last month - provided all the requested details AND the duly completed forms (both the main application form and finacial declaration). In fact, provided over and above everything that was asked for...

Got a rejection on Thursday stating that I should've signed the SU07/12 sponsor declaration form! What is annoying is this was not listed as required form on the UKBA site, nor did VFS do its job properly of pointing out...Sadly this has messed up a number of commitments/plans we'd had, not to mention the loss of the visa fee. Any advise?

Has anyone else faced this? is it advisable to pursue an ECM review and if so, can someone please tell me how I go about requesting an ECM review?

Rodger

[Lucapooka]

It's not a general requirement for a spouse visa application unless it was specifically requested after you applied, and you refused to provide this. Can you give the exact text of the refusal notice that came with the passport, as there may be more to this than at first glance.

[rodger]

Dear Lucapooka,

Many thanks for your swift reply! appreciated. I too thought it was not a requirement. Here is the wording "Your sponsor .... has been requested to give a written undertaking (form SU07/12) to be responsible for your maintenance and accommodation under paragraph 35 of the immigration rules.. but has failed to do so... I therefore refuse... "


The fact is, I never was requested such a form in writing nor over the phone. I'd checked all my emails etc and in fact I fail to see how they couldve requested this within such a short period, given the refusal has taken place within 3 weeks of the original application...

Please advise!

[Lucapooka]

You were refused under 35 so this is nothing to do with the new rules. If you were not asked for this you were not expected to produce it. I think this is an error (baby ECO, or miscommunication over another type of settlement category). You have to appeal but start by emailing the ECM Complaints asking for clarification on this, as it's completely irregular. It is very easy to rectify this by providing the form, but it's only ever asked for in the case of elderly dep. relatives. I have never heard tell of a refusal of this kind in the case of a spouse visa.

[Casa]

I agree with Lucapooka. The error appears to be with the ECO. Email as suggested.

[rodger]

Hi Lucapooka, thank you! (and thanks to Casa too).

I am going through extreme stress over this, as I'd done nothing wrong. Our application was complete with all of the relevant details.

Yet to be rejected over this is grossly unfair.

Lucapooka, can you please, however, tell me whats your take on this. I've just read under the new rules (http://www.ukba.homeoffice.gov.uk/polic ... a-partner/) it states that in addition to the "E-ECP: Eligibility for entry clearance as a partner", "Section EC-P: Entry clearance as a partner" are also to be met. Under that section, S-EC.2.4 refers to the maintenance and undertaking.

The point though, I interpret that as provide this only if requested. I have never received an email/letter requesting this. In order to email to email them, do you suggest that I write to the specific UKBA office (in this case Channai, India) and asking them to review? The problem is they'd returned all documents and passport and we'd lost the application fee of 800+GBP.

Thanking you for your kind support.

[Lucapooka]

Normally and generally, the SU07 is only required for elderly dependent relative settlement applications. In very rare and exceptional circumstances, it may be specially requested for a partner visa application, but only after the application has been submitted. This comes in the form of a written request from the ECO and is not a refusal. The refusal would only be warranted if the request was refused or ignored.

It seems you have not been requested to provide a SU07 so you can't be refused for not providing something you were not asked to provide.

A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.

You were not required to give an SU07 for this category and certainly were not requested. It's a total mistake and you should complain and ask for clarification of the ECGs that explicitly say this is not a requirement for spouse applications.

ECB12.3 Sponsor undertakings on maintenance and accommodation
As with undertakings from an applicant (see above), the ECO should only require an undertaking from a sponsor in exceptional circumstances or for certain categories eg parents, grandparents and other dependent relatives under Rule 317 of the Immigration Rules. (see Maintenance & Accommodation - MAA)

If you can say where the application was submitted I can show you the email for ECM complaints for that location.

I repeat that this is an easy fix to simply provide an undertaking but first you have to get them to admit they did not ask you to provide one and/or that providing one is actually necessary. Good luck.

Frankly, I'm convinced that any competent ECO or ECM reading this thread would immediately understand and appreciate that something has gone wrong in the system and would hastily overturn the decision.

[rodger]

Hi Lucapooka,

I cannot thank you enough for your kind support. My wife's application was processed in Chennai, India. This is where the rejection letter came from.

I will get this complaint sent over, if you can please clarify if there are any other email addresses other than the chennai.visaenquiry@fco.gov.uk that I'd found on their website. I just want to make sure that I am writing to the correct email address so that someone with a sense and appreciation for the immigration rules takes a look at my complaint and not be dealt by some junior staff.

Thank you very much!
Rodger

[Lucapooka]

That's the correct address. Tell me one thing, on the refusal notice do the initials LE appear next or near to the title of the ECO who refused the application?

[rodger]

Thank you!!! I will try addressing this to the operations manager and see how it goes. Apparently, according to their site, complaints are to be addressed to them.

I just had a look at the refusal again - the ECO starts as JM, not LE..any idea what is the significance of that please?

I am really worried that as they returned the passport and all of the originals we will end up having to go through a long process again and pay another application fee

[Lucapooka]

I've no idea. LE ECO is locally employed ECO.

[rodger]

Ok, thank you. Will fire off this email and keep you posted over the outcome..

Out of interest what is the difference between a locally employed one and one employed from outside? Do you mean they use locals of the location for processing applications?

Kind regards
Rodger

[Lucapooka]

An ECO sent out from the FCO in the UK would perhaps have more experience. A local hire may have had only the standard training (he is sent to the UK for three weeks) and could be very fresh. I'm just trying to fathom how this refusal came about. LE ECOs are becoming the cost-effective alternative as there are no re-location and housing costs to consider. Also, local pay scales can be much cheaper (even for civil servant positions of a high grade).

[madhumesh]

You may have already covered it but just to point in-case, don't you have administrative review available for your refusal for your dependant Visa? If it is, it must be applied within 28 days.

[geriatrix]

You may have already covered it but just to point in-case, don't you have administrative review available for your refusal for your dependant Visa? If it is, it must be applied within 28 days.

Administrative review is applicable to only PBS EC applications, and too only for applications by the principal PBS migrant, not dependants.

[madhumesh]

That's what I am wondering, Doesn't dependants gets full right of appeal?

From above discussion it seems that OP has no right of appeal or administrative review

You may have already covered it but just to point in-case, don't you have administrative review available for your refusal for your dependant Visa? If it is, it must be applied within 28 days.

Administrative review is applicable to only PBS EC applications, and too only for applications by the principal PBS migrant, not dependants.

[Lucapooka]

I don't draw the same inference. The OP has a right of appeal, and knows this. We are trying to avoid that necessity if possible by making a quick complaint about the application treatment first so to if that yields a speedier resolution.

[madhumesh]

Very correct, My intention was to point out the option if not considered.

OP - I have been through same and know how stressful it is. Lot of out of country applications are refused on minor things. May be just not good enough case workers. But review or appeal process is very thorough and these issues are mostly rectified. I can say this for myself and few of my friends.

Here's hope.

Thanks

I don't draw the same inference. The OP has a right of appeal, and knows this. We are trying to avoid that necessity if possible by making a quick complaint about the application treatment first so to if that yields a speedier resolution.

[rodger]

Thank you all for your kind support. My main worry over the appeal process is that from everything I'd read and heard so far, it is a lengthy drawn out process taking 6 months. I cannot afford that much time. Our plans are all in tatters and is why I am considering making a new application, though I strongly feel I should not waste another application fee for someone else's mistake!

I wrote to the BHC and received their standard reply stating that the onus is on the applicant to provide all documents/info and that I am welcome to reapply any time and have appeal rights etc etc....all standard terms cooked up by someone who claims to be replying on behalf of ECM.

I therefore replied back, pointing out the sections of the rules that does not warrant this requirement for spouse visa. Since that reply, no further reply from them yet...waiting...

How long are the average appeal process from your experiences? Is there any way of recovering the cost for a mistake done by them?
Rodger

[Lucapooka]

Thank you all for your kind support. My main worry over the appeal process is that from everything I'd read and heard so far, it is a lengthy drawn out process taking 6 months.

Yes, but there is a mandatory review by the ECM of all lodged appeals, which can happen within 6-8 weeks. This is his opportunity to correct any bad decisions. Obviously if the ECM concurs with his ECO's decision to refuse, he will send the appeal to the FTT in the UK, and that is what takes up the six months.

[madhumesh]

Thank you all for your kind support. My main worry over the appeal process is that from everything I'd read and heard so far, it is a lengthy drawn out process taking 6 months. I cannot afford that much time. Our plans are all in tatters and is why I am considering making a new application, though I strongly feel I should not waste another application fee for someone else's mistake!

Apart from application fee, I would not prefer to have refusal on records. Although some people may disagree. . You have to keep putting that on your future applications. However you are best judge to decide whether to re apply or appeal based on your situation.


I wrote to the BHC and received their standard reply stating that the onus is on the applicant to provide all documents/info and that I am welcome to reapply any time and have appeal rights etc etc....all standard terms cooked up by someone who claims to be replying on behalf of ECM.

I therefore replied back, pointing out the sections of the rules that does not warrant this requirement for spouse visa. Since that reply, no further reply from them yet...waiting...

How long are the average appeal process from your experiences? Is there any way of recovering the cost for a mistake done by them?
Rodger
Lucapooka answered this better.

[rodger]

Hi Lucapooka, and others,

Having not received a reply from BHC, I'd sent a chaser to which they'd replied that my email has now been forwarded to an ECM for a proper answer and that it could take up to 20 wkg days.

I am a little concerned that I may cross over the 28 day deadline for submitting an appeal. Though the actual rejection was received only last week from the VFS, the date on the letter was even a week prior to that.

So the question is: Has anyone actually been successful in getting an ECM to review an incorrect decision and correct it without actually going through an official appeal?

Looking forward to your advise..
Regards
Rodger

[Lucapooka]

Go ahead and appeal now, but there might a chance that the ECM will correct this (or decided not to) before that process starts to roll. It's completely commonplace for easy errors to be corrected very quickly, and before the standard ECM review. It depends on the post and how efficient they are with dealing with direct contact emails. It's more difficult if the application was dealt with by a regional hub that serves many different countries.

[rodger]

Thank you Lucapooka,

This is what I am pondering over...this particular post is indeed the regional hub and the vfs posted it to this hub. I am trying to fathom whether the ECM had already decided to delay this and wait for the formal review to be initiated..which is why, I am trying to ascertain whether waiting for their reply could bar me form the formal review..As such, I am trying to determine if anyone actually had success in overturning a decision via email, when the original application was refused, passport returned and all paperwork as well..

[Lucapooka]

Don't wait for the replay.