ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

My Story of Spouse Visa Rejection, Appeal and Overturned Dec

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
andywhite
Newly Registered
Posts: 1
Joined: Sat Nov 30, 2013 10:12 am

My Story of Spouse Visa Rejection, Appeal and Overturned Dec

Post by andywhite » Sat Nov 30, 2013 11:03 am

I have been a passive user on immigrationboards and I wanted to initially say my thanks for all the lovely advice available on the board. I don't think even a lawyer can be compared to the advice shared.

I wanted to firstly mention that I have an ILR, on the basis of which I applied for my wife's visa. I hired a lawyer and he recommended a list of documents. The only difference was that I used my 'savings' as opposed the my job for the process. Despite having £100k+ in my account the ECO in his rejection letter mentioned

'Your husband's sponsorship letter states that he is a CEO, however you have provided zero documentation relating to his company. This goes against the whole idea of applying for spouse visa on the basis of savings.' The immigration lawyer I hired wasn't able to advice me on it.

Second problem which I faced was that I never kept the money in one account for more than a few months. The ECO wants to see that the total of £62,500 in one account for over six months. I obviously moved my money into different accounts, say every couple of months, for better interest rates. According to the ECO 'To establish savings held for a minimum of six months we must look at the lowest balances dating back to six months prior to the date you submitted your application'.

Needless to say my wife and I were extremely frustrated to see what just had happened. The ECO could have called me and I could have provided details of other bank accounts I had. But they didn't bother.

APPEAL
=====

I knew I had a strong case, I met all the guidelines laid down by the home office. So I decided to contact the minister of immigration, Mark Harper and my MP. They both were extremely helpful. Within three days I heard from 'Treat Official Team' who I believe are the team who gets involved in case of rejection is referred to the MP. From then it has been backwards and forwards with emails for 5 months. They said that they would make an exception in my case and allow me to submit 6 month's bank statements of a different date, in order to show that I have the savings. I did so and just 3-4 days back they decided to overturn the case.

Conclusion
=======

I can't explain the toll this has taken on my wife and me :-( I had to travel to see my wife in Nepal every month. This affected my business I had to close one of my business, because I couldn't manage it from far and reduce commitments to others. I probably lost £40k+ in the process, on lost business, travel and fees. I can't explain the mental trauma this has put me through, it has taken my normality away from me.

But I said to myself that I would get her the visa she deserves and I'm glad I did it. Not sure what happens next for us. But I just wanted to say, don't loose hope being persistent is the only way to get a Spouse Visa in my opinion.

All the best!

==================
Applied at VFS Kathmandu

Applied for Visa - 25/03/2013
Date of Visa Refusal - 11/06/2013
Appeal MP for help - 25/06/2013
Response from Treat Official Team - 28/06/2013
Home Office's email to make exception - 29/07/2013
Email asking to submit originals of bank statements - 22/10/2013
Decision overturned - 27/11/2013

Shemimimummy
Newly Registered
Posts: 11
Joined: Tue Dec 03, 2013 10:12 pm

So inspiring

Post by Shemimimummy » Tue Dec 03, 2013 10:43 pm

Thank you for your story and good luck to you both!!!

darloGNR7
Newly Registered
Posts: 8
Joined: Sat Nov 02, 2013 5:18 pm
Location: Darlington

Post by darloGNR7 » Wed Dec 04, 2013 6:41 pm

well done andywhite. Having won 3 out of 3 tribunal appeals without needing a lawyer, I can see you have come across a w* of an ECO, there of plenty of them that shouldn't be employed, but it's like of you who is a victim of their incompetence losing out on £40K+ but I'm sure they are happy to place misfortune on you such is their institutionalized beloved.

Seneca
Member
Posts: 222
Joined: Thu Nov 14, 2013 1:37 pm

Post by Seneca » Wed Dec 04, 2013 8:55 pm

Many Congratulations andywhite. All the best for the future.

globalindian
Member of Standing
Posts: 280
Joined: Tue Apr 06, 2010 11:44 pm
United Kingdom

Post by globalindian » Wed Dec 04, 2013 11:16 pm

Enjoy the fruit of your success Andy.

Locked