Fiancee Visa Refused. HELP HELP HELP

[seje]

My fiancee visa was refused last two weeks ago and the reason was:
'Your sponsor XXX hasn been requested to give a written undertaking to be responsible for your maintenance and accomodation under paragraph 35 of the Immigration Rules, but failed to do so. I therefore refuse your application under paragraph EC-P1.1(c)"
No such request was made after I submitted the application.
I appealed against the refusal and my sponsor wrote an undertaking on an A4 paper & signed to be responsible for my accomodation, care and maintenance.
1.Does this constitute a valid and legal undertaking?
2.Should we have fill the SUO7/12 form rather than writing the undertaking on A4 paper?
**No mention was made of the SU07/12 form in the notice of refusal**

[Lucapooka]

If you were not asked for an undertaking (and if would be exceptionally rare if you were asked to provide one in this category but it has been known) then clearly it's not a correct refusal and if you appeal the ECM review will reverse the decision. The SUO7 is for elderly dependant parents rather than partner applications and one must assume that the ECO who refused on this basis is not sufficiently trained to perform the role in which he is currently working. You can mention that in the appeal letter if you wish.

[seje]

Thank you for the response and as such, I have appealed against the decision of the ECO, and while clearly stating that no such request was made, I also attached a written undertaking(written undertaking was what he asked for and NOT SU07 in the notice of refusal) on an A4 paper to satisfy his insatiable desire and taste for more document before granting my fiancee visa.
I just pray and hope this is successful.

[riversidecreations]

I have an email from an ECM stating that the sponsorship undertaking is not required and that it has been clarified.

If there was no other reasons, then, u must write to the visa office immediately. The appeal will take 6 months, but u can still write to them and expect a reply within 20 working days.

[seje]

Hello,
I just received this email from an ECM when I sent an email questioning the reason why my fiancé visa was refused on the grounds that my sponsor was requested to give a written undertaking to be responsible for my maintenance but failed to. While maintaining that no such request was made, I stated that the ECO failed to provide us with the details of the request he claimed to have made: thus date and time of request, mode of request(phone, email or postage), any grace period given to us to respond to the request.
I just received a response from the ECM and its as follows

"Dear Mr XXXXXX 
 
Re XXXXXXXxX
 
Thank you for your email of 15 April in which you question the refusal letter received recently following your submission to settle in the UK.
 
It does appear that the Entry Clearance Officer was incorrect when he said that your sponsor should have completed and undertaking.  This is required for adult dependant relatives but as a fiancé you do not fall into this category.

I hope this will be of help.
 
Yours sincerely
 
ECM
 
Casework and Correspondence Section
Home Office International Operations and Visas

[seje]

Dear sir/ Madam

I applied for an Entry Clearance as a partner under Appendix FM of the Immigration Rules on 28.01.2013 and my application was refused on 13.02.2013 which I received via VAC on 05.03.2013

My post reference number is XXXX

One of the reasons the ECO cited for refusal was:

' Your sponsor XXXX, has been requested to give a written undertaking to be responsible for your maintenance and accommodation under paragraph 35 of the Immigration Rules, but has failed 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)'

My sponsor confirms to me that no such request was made after I submitted the application and even questions why she will ever refuse or fail to give a written undertaking to be responsible for my maintenance and accommodation, as we dearly love each other and have plans in place of getting married and living happily together.

While we think and believe it was wrong for the ECO to apply this section of the Immigration Rules in refusing the application, the ECO also failed to state:
- The date and time the written undertaking was requested.
- The mode of correspondence in requesting the written undertaking.( I provided my sponsors home and mobile telephone numbers, home address as well as email address)

All these has necessitated my request for information with regards to the following questions

1. What is the (preferred) mode of correspondence ECO's use contacting applicants?
2. Is it mandatory for partner applicants(as in my case) to submit a written undertaking as part of the application?
3. Does a written undertaking specifically refers to the SU07/12 sponsorship form or/ and an undertaking written on an A4 paper and signed?