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Appeal and reapply simultaneously

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

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JayMehr
Newly Registered
Posts: 2
Joined: Thu Jun 06, 2019 12:56 am
United Kingdom

Appeal and reapply simultaneously

Post by JayMehr » Thu Jun 06, 2019 2:02 am

Hi all,
My wife's visa was refused & I have the right to appeal. But the appeal route takes about 1 year to get the decision. So, I'm thinking about appealing the decision and at the same time reapply for a spouse visa. is this possible & best route to go? Also, I am the only one ( no family member) living in the UK & just found out that I have kidney cancer. I will need surgery & have no one to take care of me. is there any way to the expdite appeal process? My wife got a refusal letter on May 23, 2019. Refusal reasons were...
1. As per ECO, we have provided decree nisi but not decree absolute ( i was previously married n got divorced)
2. financial requirement even though I clearly meet the requirement of 18600. the excuse was payment was calculated based on cash deposit, not payslip. I do get paid in cash, the difference was less than 500 even with cash calculation. on top of that ECO claim, there was one page missing in bank statements provided.
any help suggestion is greatly appreciated since I'm under the gun for the timeline to appeal

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 2:09 pm
United Kingdom

Re: Appeal and reapply simultaneously

Post by TODMATT » Thu Jun 06, 2019 12:15 pm

I will strongly recommend you to reapply and addressed all the points of the REFUSALS as the guidance is clear that if you have been previously married before then you will need to submit the absolute decree not pre divorce decree nisi. Regarding the financial requirement, If you're paid in cash then it must be deposited and matches your pay slips each month without any differences.

I have seen people appeal and reapply at the same time but FTT will only consider evidenced submitted at the time of the appeal so it is better to reapply.
My opinions should not be constituted as an immigration or legal advice.

JayMehr
Newly Registered
Posts: 2
Joined: Thu Jun 06, 2019 12:56 am
United Kingdom

Re: Appeal and reapply simultaneously

Post by JayMehr » Thu Jun 06, 2019 11:38 pm

Thank you TODMATT for you reply. Greatly appreciated. I'm going to reapply and but also thinking about lodging an appeal too. I read about asking tribunal to expedite appeal process. If u have good reason & evidence u r appeal can be fast tracked by judge. But I'm not sure when to submit urgent appeal reasons and evidence, at the time of appeal or once appeal is received by tribunal. Please chime in. Thank you for ur time.

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