Spouse visa refusal! Please advice

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 12:25 pm

EC-P.1.1(c) – Section S-EC: Suitability – Entry Clearance Requirements (Your sponsor, ********, has been requested to give a written undertaking to be responsible for the maintenance and accommodation under paragraph 35 of the Immigration Rules, but has failed,/refused to do so. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules (S-EC.2.4))

Written undertaking was never requested by the VFS Colombo staff at the time of application. UKBA Chennai did not request me or my wife for the undertaking during the processing duration of this application. I provided a signed and attested Affidavit. The ECO’s indication that I was requested to provide sponsorship undertaking and I failed or refused is untrue.

EC-P.1.19d0 – Section E-ECP: Eligibility for entry clearance as a partner (You have not provided your sponsor’s current signed contract of employment from ******** as evidence of your sponsor’s gross income from their employment)

I provided in the application two Letters of Employment (dated Oct 2011 and July 2012) showing my contract as permanent and my annual gross income as 'above 18500'. I also included ‘Annual Statement of a Salary’ dated Oct 2011 as this is only issued annually in October of each year.

(You have failed to provide the specified documents of your sponsor’s employment. These document are specified in Immigration Rules in Appendix FM-SER and must be provided)

I included in the application:
1. Salary statements from Jan 2012 to July 2012
2. P60 given in April 2012
3. Bank statement from Jan 2012 to July 2012

Please advice on what to do further. I am shocked!!!

Franko · Post by **Franko** » Sat Nov 17, 2012 1:37 pm

Cannot comment about the undertaking but if you applied under the new rules then they are correct about the contract of employment. Here is the guidance from UKBA about what docs you should provide.

From UKBA Website

In respect of salaried employment in the UK, all of the following evidence must be provided:
(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 4:04 pm

I did not provide SU07/12 form
I did not provide signed contract of employment

should i re-apply or appeal? the solicitors cost of appeal is £1000 and cost of re application is £900. What shall i do? any advise please?

Franko · Post by **Franko** » Sat Nov 17, 2012 4:29 pm

Do you need a solicitor to appeal? The grounds for refusal are simple and easy to sort, appeal and provide both documents with explanation and this could be overturned at ECM review?

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 6:26 pm

How long does it take it to be overturned at ECM review?
I am new to this process and need some confidence building advise please. Both my wife and I shocked and worried of the process that it may take more than 6 months for appeal?

Post by **geriatrix** » Sat Nov 17, 2012 7:09 pm

BDHC Chennai seems to have caseworkers who have not been trained properly - as there have been more than one instances, posted on the forum, where settlement visa application as s spouse has been refused for not providing SU07 undertaking. They need to be told that SU07 is not a requirement in such cases and an applicant is required to provide that only if it is requested by the caseworker after the application has been submitted. If there was no explicit request from BDHC Chennai requesting you to submit a SU07, then you were never required to provide one.

That said, your appeal will fail on the second reason given - that you did not include a contract of employment (and other mandatory evidences that you may have missed from the list in Appendix FM-SE).

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 7:22 pm

I have submitted everything except contract of employment as it was done at the beginning of employment. Just providing this contract, renewed, to appeal would not be sufficient to overturn the decision?

Franko · Post by **Franko** » Sat Nov 17, 2012 8:26 pm

An ECM review can take just a few weeks but I believe they have upto 16 weeks to conduct the review and decide to go to full hearing or overturn the original decision. Your refusal is a simple point of missing document and providing you have the ability to provide this document that is all you need to get this decision overturned. What you need to think about is that if it goes to a full hearing then a re-application could be quicker however the full application will be reassessed and another ECO could turn you down on other points, with the appeal all you have to do is satisfy the points of the refusal, and the fact your not giving anymore cash to the UKBA.

heres some more info on the ECM review

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 8:46 pm

sushdmehta and Franco thank you so much for your replies. I am finding much comfort in your answers. Thank you again.

Sushmehta why do you think that my appeal will fail as I did not provide the contract of employment? What if i provided the contract of employment to the appeal? Do you think ECM may overturn the refusal?

Also do i need to send all original documents I submitted for the visa or just the new SU07 and employment contract?

Franko · Post by **Franko** » Sat Nov 17, 2012 8:57 pm

While I will admit sushdmehta is a forum moderator and may have a better knowledge of the immigration rules than myself I don't believe he is correct that your appeal will fail. The ECM is allowed to consider additional documents not included in the application. see below the text in bold.

APL7.3 How should the ECM Appeal Review be conducted

On receipt of an appeal, the ECM must review the ECO decision taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The ECM must decide to maintain the ECO decision or concede in light of the grounds of appeal.

Where an appellant provides evidence which appears to discharge the burden of proof and satisfactorily addresses the reasons for refusal the decision should be overturned and a visa issued.

If a decision has been taken to overturn the refusal and issue the visa, Post should write to the appellant within 10 working days requesting submission of the passport. Proviso should be updated accordingly. This 10 day time-frame is intended to minimise delays for appellants who have satisfactorily addressed the reasons for refusal.

If a decision has been made to maintain the decision the ECM must provide clear reasons for this using the Appeal Review template. ECMs must not use standard paragraphs when explaining why the decision is to be maintained.
Consideration should be given to whether the documents submitted are relevant to the decision. If the documents are not relevant and do not address the reasons for refusal this should be clearly stated. For example, maintenance and accommodation is not met and on appeal the appellant provides only a birth certificate; this should be recorded as irrelevant within the ECM Appeal Review statement.
Consider whether evidence provided is relevant to the date of decision. If evidence does not relate to circumstances at the date of decision this should be made clear in the review statement.
All documents submitted with the initial application and with the appeal are listed in the ECM Review statement and form part of the appeals bundle.

And most important to your case

Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.
A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
Evidence of employment at the date of decision which was omitted from the original application.
A birth certificate evidencing the relationship of parties which was not produced at the time of decision.

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 9:02 pm

Thank you Franko. What is your take on this moderator? Could you tell me about the documents I need to provide for Appeal - the 'bundle'? SU)7 and Contract - originals or photocopy? Or would they need ALL documents i sent for Visa application?

Franko · Post by **Franko** » Sat Nov 17, 2012 9:13 pm

kumar2012 wrote:Thank you Franko. What is your take on this moderator?

I have a lot of respect for anyone who gives up there free time to help others with there problems, that said this is a forum and any advice you receive you should not take at face value and do your own research, forum moderators are after all in most cases volunteers and not paid immigration advisers.

Going back you your refusal, I believe the UKBA will have a copy of all relevant documents you submitted in your application and you only need to provide any additional documents for consideration. I would recommend originals where possible or a good explanation why an original cannot be provided.

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 9:21 pm

Franko, I questioned the moderator because of their experience. May be the moderator had something to go by when replying that I would fail? The more advise I get the better I will be in understanding the process. That is all, no offense towards anyone. I am sorry if I have caused such.

All my original documents are in Sri Lanka with my wife, should I ask her to send the copies by DHl or the originals used for visa be sent as well.

i think you answered this just clarity please!

Franko · Post by **Franko** » Sat Nov 17, 2012 9:25 pm

Did you include photocopies of all your documents as requested in the original application? if so they will have kept these hence they don't need you to resubmit.

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 9:27 pm

Thanks Franko. Do I need to send the SU07 and Contract together with IAFT-2 when I lodge the appeal?

kumar2012 · Post by **kumar2012** » Sat Nov 17, 2012 9:29 pm

I provide a full set of photocopies of all the documents to VFS when I applied for visa

riversidecreations · Post by **riversidecreations** » Sun Nov 18, 2012 7:50 am

I've had the exact same refusal notice... but I had provided all the documents necessary - the ECO did not see all the documents properly!

You will need to obtain a copy of your employment contract... and also, fill in the SU07 form to avoid any delays - even though it was not a requirement.. don't fax the appeal, but post it recorded delivery.

I would also suggest sending an email to the casework team with the supporting documents attached.. I received a reply from them saying that the ECM will respond within 20 working days... The appeal process is very lengthy... Once you send it by post, it probably won't be looked at for over a month - possibly not before Christmas.

riversidecreations · Post by **riversidecreations** » Sun Nov 18, 2012 7:56 am

Don't use a solicitor... if you have that money, I will advise you to wait for the ECM's decision - if your appeal is sent back for a court hearing, which won't be til April / May next year, then use that money to submit a fresh new application.

kumar2012 · Post by **kumar2012** » Sun Nov 18, 2012 11:14 am

Thank you riversidecreations, it is sad the way ECOs look at our documents and refuse for such petty reasons. being single before marriage is enjoyable but still being single after marriage is really awful!!

So, the documents I need to send with appeal form is su07/12 and contract of employment to appeal by registered post and email to UKBA chennai? please confirm for me

riversidecreations · Post by **riversidecreations** » Sun Nov 18, 2012 11:52 am

Yes... This particular ECO is either untrained or is not aware of the definition of 'balance of probabilities'

I wish I can sue them for things like this, but I guess we have no choice at the moment...

The gross annual salary must be £18,600 or over.. ensure that is on your employer letter and also state how long you have been earning that money.. you mentioned that your letter states £18,500

kumar2012 · Post by **kumar2012** » Sun Nov 18, 2012 12:03 pm

It was a typo from my part it should read 18,600 or above. The documents I send to appeal, copies or originals? I trying to balance the probabilities of appealing or reapplying.

riversidecreations · Post by **riversidecreations** » Sun Nov 18, 2012 3:30 pm

They've advised not to send originals...

kumar2012 · Post by **kumar2012** » Sun Nov 18, 2012 8:45 pm

I am completing the appeal form:
I am the sponsor and the representative, so do I fill in both sections? Confused??

Post by **geriatrix** » Sun Nov 18, 2012 8:59 pm

Read the guidance notes before completing the form.

kumar2012 · Post by **kumar2012** » Sun Nov 18, 2012 9:15 pm

Sorry moderator,

I am confused after reading the guidelines...

any help will be much appreciated

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

Spouse visa refusal! Please advice

Spouse visa refusal! Please advice