Damanisshallo wrote:Try a reconsideration letter, which is a letter to the United Kingdom Border Agency stating the reasons why you feel your application was wrongly refused, you need to refute all the points made in the refusal letter and state the reasons why.remond wrote:She does not earn 18600 that's the reason. She earn only 550 PCM and provided third party support from back home. Thanks
With the letter of reconsideration you can also attach further evidence to back up your point and refer to it in the letter.
The letter should be sent to the same post which refused your application and to the person and department names of which should be stated at the end of the refusal letter, there is no fee for this and if a decision in your favour is forthcoming then your visa will be granted. You should send this letter as soon as possible.
You can clearly mention that she first entered the UK in 2006 which is Pre July 2012 hence you believe that she should be considered under old rules. However, it is worth mentioning that you are aware of the changes made to the rules on/after 6th April and that she cannot apply for SET(M) before 2 yrs from now.
The main motto of this letter should be to let the caseworker know that it was wrongly considered under old rules and that you'd win this appeal without any hesitations and that you're trying to resolve this out of court.
(Bear in mind, do not put these words in the letter but some how you will have to indicate without mentioning as if you've whispered)
Rather than going to a solicitor to appeal, try to speak to them (Supervisor) not the CSA and explain to them the situation that they've sadly mistaken the dates. I remember lately someone had the similar kind of refusal and they managed to revert back the decision. (Saving you £££'s). Reading the reconsideration process might help you.
UKBA's Reconsideration policy @ Page 6 wrote:Definition of a reconsideration
A reconsideration is a review by the UK Border Agency of a decision made in the UK on an application for:
further limited or indefinite leave to remain
transfer of conditions (TOC), or
no time limit (NTL).
Such a request will usually be about a refusal decision but may also be about aspects of an approval (for example, the period of leave granted).
When is a reconsideration request acceptable?
The UK Border Agency is not legally obliged to reconsider an immigration decision. When an applicant has a right of appeal, the correct method for them to challenge the decision is to lodge an appeal. Applicants refused without a right of appeal can either:
challenge the decision through the judicial review process
make a fresh application for limited or indefinite leave to remain, if they believe they
can show that they meet the requirements of the route under which they are applying,
or
in the case of refused TOC or NTL applications, submit a fresh application that
addresses the reasons why the original application was refused. The UK Border Agency will however reconsider applications, if:
The application was granted and the applicant believes that the type of leave granted or the expiry date of the leave is incorrect.
The reconsideration is a legacy request submitted before 13 November 2012 and there are still reasons to reconsider the decision.
The reconsideration request is about a case affected by the Alvi judgement and the
applicant is still in-time to bring an appeal or judicial review. For information on how to deal with reconsideration requests based on the Alvi judgment, see related link.
For information on what is not an acceptable reconsideration request, the requirements a request must meet and legacy reconsideration requests, see links on left.
Thanks Dam, the deadline to lodge appeal is 31 may do you think they will reply before that time? Also I think CW did a mistake about the date as he mentioned my wife was given recent PBS dependant leave until 31 October. We actually applied for extension 31 jan 12 and got approved 30 August 2012. So I was assuming he counted that time as it is after 9 July 2012.
