Spouse Visa Refusal due to Caseworker Error

[translationlibration]

Hi all,

After waiting 4 months, on Wednesday, my spouse visa application was refused after a caseworker claimed that my spouse's tax-free PhD stipend of £16k p/a does not meet the gross financial requirement of £18.6k (yet on Page 39 the Home Office's own statute (Appendix FM Financial Requirement), it states that for tax-free stipends, the minimum requirement equivalent to £18.6k is £15.8k; therefore the stipend meets this requirement). This (eligibility financial requirement) was the only ground for the application to be refused.

I've been told I can appeal to first-tier tribunal within 14 days on the letter which I'm inevitably going to have to submit by 5th January anyway (or they may have the legal right to deport me), but it seems so ludicrous that the refusal is down to a policy overlooked by the caseworker, will require no additional evidence or documentation and that a tribunal could take many months.

Although the refusal letter didn't specify that I could (or couldn't) apply for an administrative review (from within the UK), is it worth submitting an administrative review and/or bombarding them with emails anyway given the nature of the case or am I wasting my time? If the decision is overturned based on this, can I cancel the tribunal?

Cannot tell you how frustrating it is how much these people are paid and that I appear to know their own policies better than they do.....................................

Any advice for this frustrating and disheartening situation would be much much appreciated - many thanks.

[TODMATT]

Hi all,

After waiting 4 months, on Wednesday, my spouse visa application was refused after a caseworker claimed that my spouse's tax-free PhD stipend of £16k p/a does not meet the gross financial requirement of £18.6k (yet on Page 39 the Home Office's own statute (Appendix FM Financial Requirement), it states that for tax-free stipends, the minimum requirement equivalent to £18.6k is £15.8k; therefore the stipend meets this requirement). This (eligibility financial requirement) was the only ground for the application to be refused.

I've been told I can appeal to first-tier tribunal within 14 days on the letter which I'm inevitably going to have to submit by 5th January anyway (or they may have the legal right to deport me), but it seems so ludicrous that the refusal is down to a policy overlooked by the caseworker, will require no additional evidence or documentation and that a tribunal could take many months.

Although the refusal letter didn't specify that I could (or couldn't) apply for an administrative review (from within the UK), is it worth submitting an administrative review and/or bombarding them with emails anyway given the nature of the case or am I wasting my time? If the decision is overturned based on this, can I cancel the tribunal?

Cannot tell you how frustrating it is how much these people are paid and that I appear to know their own policies better than they do.....................................

Any advice for this frustrating and disheartening situation would be much much appreciated - many thanks.

It would be better if you post the refusal message itself and did you apply from abroad or within UK?

[translationlibration]

Hi all,

After waiting 4 months, on Wednesday, my spouse visa application was refused after a caseworker claimed that my spouse's tax-free PhD stipend of £16k p/a does not meet the gross financial requirement of £18.6k (yet on Page 39 the Home Office's own statute (Appendix FM Financial Requirement), it states that for tax-free stipends, the minimum requirement equivalent to £18.6k is £15.8k; therefore the stipend meets this requirement). This (eligibility financial requirement) was the only ground for the application to be refused.

I've been told I can appeal to first-tier tribunal within 14 days on the letter which I'm inevitably going to have to submit by 5th January anyway (or they may have the legal right to deport me), but it seems so ludicrous that the refusal is down to a policy overlooked by the caseworker, will require no additional evidence or documentation and that a tribunal could take many months.

Although the refusal letter didn't specify that I could (or couldn't) apply for an administrative review (from within the UK), is it worth submitting an administrative review and/or bombarding them with emails anyway given the nature of the case or am I wasting my time? If the decision is overturned based on this, can I cancel the tribunal?

Cannot tell you how frustrating it is how much these people are paid and that I appear to know their own policies better than they do.....................................

Any advice for this frustrating and disheartening situation would be much much appreciated - many thanks.

It would be better if you post the refusal message itself and did you apply from abroad or within UK?

Hi - thanks for your reply. Applied from within the UK on Tier 4 for four years (last grant of leave on this route was in 2018).

Refusal message under Eligibility Financial Requirement (only condition said not to have been met):

You do not meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
because you have stated that you are relying on income from a stipend in order to meet
the financial requirements. The circumstances of your family in the United Kingdom require
you to demonstrate that you meet the financial requirement of £18,600 per year. You have
provided evidence that your partner receives £16,000. However, this is below the
financial requirement.

You have therefore failed to demonstrate that you or your partner have an annual income of
£18,600 either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1
to E-LTRP 3.3 of Appendix FM of the Immigration Rules.

[TODMATT]

Hi all,

After waiting 4 months, on Wednesday, my spouse visa application was refused after a caseworker claimed that my spouse's tax-free PhD stipend of £16k p/a does not meet the gross financial requirement of £18.6k (yet on Page 39 the Home Office's own statute (Appendix FM Financial Requirement), it states that for tax-free stipends, the minimum requirement equivalent to £18.6k is £15.8k; therefore the stipend meets this requirement). This (eligibility financial requirement) was the only ground for the application to be refused.

I've been told I can appeal to first-tier tribunal within 14 days on the letter which I'm inevitably going to have to submit by 5th January anyway (or they may have the legal right to deport me), but it seems so ludicrous that the refusal is down to a policy overlooked by the caseworker, will require no additional evidence or documentation and that a tribunal could take many months.

Although the refusal letter didn't specify that I could (or couldn't) apply for an administrative review (from within the UK), is it worth submitting an administrative review and/or bombarding them with emails anyway given the nature of the case or am I wasting my time? If the decision is overturned based on this, can I cancel the tribunal?

Cannot tell you how frustrating it is how much these people are paid and that I appear to know their own policies better than they do.....................................

Any advice for this frustrating and disheartening situation would be much much appreciated - many thanks.

It would be better if you post the refusal message itself and did you apply from abroad or within UK?

Hi - thanks for your reply. Applied from within the UK on Tier 4 for four years (last grant of leave on this route was in 2018).

Refusal message under Eligibility Financial Requirement (only condition said not to have been met):

You do not meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
because you have stated that you are relying on income from a stipend in order to meet
the financial requirements. The circumstances of your family in the United Kingdom require
you to demonstrate that you meet the financial requirement of £18,600 per year. You have
provided evidence that your partner receives £16,000. However, this is below the
financial requirement.

You have therefore failed to demonstrate that you or your partner have an annual income of
£18,600 either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1
to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
I agree with you that the refusal was wrong. The caseworker has made an error with the refusal and one of the best way to quickly to get the decision overtime is contact your MP and also make a complaint about the decision but also appeal since you have 14 days to appeal.

[translationlibration]

Hi all,

After waiting 4 months, on Wednesday, my spouse visa application was refused after a caseworker claimed that my spouse's tax-free PhD stipend of £16k p/a does not meet the gross financial requirement of £18.6k (yet on Page 39 the Home Office's own statute (Appendix FM Financial Requirement), it states that for tax-free stipends, the minimum requirement equivalent to £18.6k is £15.8k; therefore the stipend meets this requirement). This (eligibility financial requirement) was the only ground for the application to be refused.

I've been told I can appeal to first-tier tribunal within 14 days on the letter which I'm inevitably going to have to submit by 5th January anyway (or they may have the legal right to deport me), but it seems so ludicrous that the refusal is down to a policy overlooked by the caseworker, will require no additional evidence or documentation and that a tribunal could take many months.

Although the refusal letter didn't specify that I could (or couldn't) apply for an administrative review (from within the UK), is it worth submitting an administrative review and/or bombarding them with emails anyway given the nature of the case or am I wasting my time? If the decision is overturned based on this, can I cancel the tribunal?

Cannot tell you how frustrating it is how much these people are paid and that I appear to know their own policies better than they do.....................................

Any advice for this frustrating and disheartening situation would be much much appreciated - many thanks.

It would be better if you post the refusal message itself and did you apply from abroad or within UK?

Hi - thanks for your reply. Applied from within the UK on Tier 4 for four years (last grant of leave on this route was in 2018).

Refusal message under Eligibility Financial Requirement (only condition said not to have been met):

You do not meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
because you have stated that you are relying on income from a stipend in order to meet
the financial requirements. The circumstances of your family in the United Kingdom require
you to demonstrate that you meet the financial requirement of £18,600 per year. You have
provided evidence that your partner receives £16,000. However, this is below the
financial requirement.

You have therefore failed to demonstrate that you or your partner have an annual income of
£18,600 either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1
to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
I agree with you that the refusal was wrong. The caseworker has made an error with the refusal and one of the best way to quickly to get the decision overtime is contact your MP and also make a complaint about the decision but also appeal since you have 14 days to appeal.

Thanks for your help - will definitely email the MP in that case, and appeal. Just wanted to ask if I should still submit an administrative review and pester the enquiries by email letting them know what's happened and that I've submitted one (even though they didn't specify anything about it in the decision letter)? To be honest, they're so straightforward to submit and I've already thrown over £2k + appeal at this, so £80 doesn't really matter, just don't want it to hurt the application! Should I submit this as well as a complaint?

[TODMATT]

It would be better if you post the refusal message itself and did you apply from abroad or within UK?

Hi - thanks for your reply. Applied from within the UK on Tier 4 for four years (last grant of leave on this route was in 2018).

Refusal message under Eligibility Financial Requirement (only condition said not to have been met):

You do not meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
because you have stated that you are relying on income from a stipend in order to meet
the financial requirements. The circumstances of your family in the United Kingdom require
you to demonstrate that you meet the financial requirement of £18,600 per year. You have
provided evidence that your partner receives £16,000. However, this is below the
financial requirement.

You have therefore failed to demonstrate that you or your partner have an annual income of
£18,600 either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1
to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
I agree with you that the refusal was wrong. The caseworker has made an error with the refusal and one of the best way to quickly to get the decision overtime is contact your MP and also make a complaint about the decision but also appeal since you have 14 days to appeal.

Thanks for your help - will definitely email the MP in that case, and appeal. Just wanted to ask if I should still submit an administrative review and pester the enquiries by email letting them know what's happened and that I've submitted one (even though they didn't specify anything about it in the decision letter)? To be honest, they're so straightforward to submit and I've already thrown over £2k + appeal at this, so £80 doesn't really matter, just don't want it to hurt the application! Should I submit this as well as a complaint?

I do not believe that there's AR for application within UK especially if ROA was given in this case. I stand to be corrected but AR doesn't apply to cases under human right claim because your application falls under Appendix FM.

See page 30

https://assets.publishing.service.gov.u ... .0-ext.pdf

[translationlibration]

Hi - thanks for your reply. Applied from within the UK on Tier 4 for four years (last grant of leave on this route was in 2018).

Refusal message under Eligibility Financial Requirement (only condition said not to have been met):

You do not meet the eligibility financial requirement paragraphs E-LTRP.3.1. to 3.4.
because you have stated that you are relying on income from a stipend in order to meet
the financial requirements. The circumstances of your family in the United Kingdom require
you to demonstrate that you meet the financial requirement of £18,600 per year. You have
provided evidence that your partner receives £16,000. However, this is below the
financial requirement.

You have therefore failed to demonstrate that you or your partner have an annual income of
£18,600 either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1
to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
I agree with you that the refusal was wrong. The caseworker has made an error with the refusal and one of the best way to quickly to get the decision overtime is contact your MP and also make a complaint about the decision but also appeal since you have 14 days to appeal.

Thanks for your help - will definitely email the MP in that case, and appeal. Just wanted to ask if I should still submit an administrative review and pester the enquiries by email letting them know what's happened and that I've submitted one (even though they didn't specify anything about it in the decision letter)? To be honest, they're so straightforward to submit and I've already thrown over £2k + appeal at this, so £80 doesn't really matter, just don't want it to hurt the application! Should I submit this as well as a complaint?

I do not believe that there's AR for application within UK especially if ROA was given in this case. I stand to be corrected but AR doesn't apply to cases under human right claim because your application falls under Appendix FM.

See page 30

https://assets.publishing.service.gov.u ... .0-ext.pdf

There is a link to an online application form for requesting an administrative review specifically from the UK: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

I hope you will correct me if this is not the right thing - as you've said, this is a non-asylum/non-human rights visa application and should fall under Appendix(FM) - although my case does not fall under the list of cases where I wouldn't be eligible for an administrative review on Page 30 of the document you linked me to, it equally doesn't say that I am or am not eligible for an administrative review on the decision letter...

[TODMATT]

Thanks for your help - will definitely email the MP in that case, and appeal. Just wanted to ask if I should still submit an administrative review and pester the enquiries by email letting them know what's happened and that I've submitted one (even though they didn't specify anything about it in the decision letter)? To be honest, they're so straightforward to submit and I've already thrown over £2k + appeal at this, so £80 doesn't really matter, just don't want it to hurt the application! Should I submit this as well as a complaint?

I do not believe that there's AR for application within UK especially if ROA was given in this case. I stand to be corrected but AR doesn't apply to cases under human right claim because your application falls under Appendix FM.

See page 30

https://assets.publishing.service.gov.u ... .0-ext.pdf

There is a link to an online application form for requesting an administrative review specifically from the UK: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

I hope you will correct me if this is not the right thing - as you've said, this is a non-asylum/non-human rights visa application and should fall under Appendix(FM) - although my case does not fall under the list of cases where I wouldn't be eligible for an administrative review on Page 30 of the document you linked me to, it equally doesn't say that I am or am not eligible for an administrative review on the decision letter...

Your application falls under human right claim and that's the reason why ROA was given in your case so that you can appeal the decision of the caseworker if there was an error. Did your refusal letter claim you can apply for AR? the option given above have been tried and found to be successful. I will wait for others to contribute their opinion.

[translationlibration]

Thanks for your help - will definitely email the MP in that case, and appeal. Just wanted to ask if I should still submit an administrative review and pester the enquiries by email letting them know what's happened and that I've submitted one (even though they didn't specify anything about it in the decision letter)? To be honest, they're so straightforward to submit and I've already thrown over £2k + appeal at this, so £80 doesn't really matter, just don't want it to hurt the application! Should I submit this as well as a complaint?

I do not believe that there's AR for application within UK especially if ROA was given in this case. I stand to be corrected but AR doesn't apply to cases under human right claim because your application falls under Appendix FM.

See page 30

https://assets.publishing.service.gov.u ... .0-ext.pdf

There is a link to an online application form for requesting an administrative review specifically from the UK: https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

I hope you will correct me if this is not the right thing - as you've said, this is a non-asylum/non-human rights visa application and should fall under Appendix(FM) - although my case does not fall under the list of cases where I wouldn't be eligible for an administrative review on Page 30 of the document you linked me to, it equally doesn't say that I am or am not eligible for an administrative review on the decision letter...

Your application falls under human right claim and that's the reason why ROA was given in your case so that you can appeal the decision of the caseworker if there was an error. Did your refusal letter claim you can apply for AR? the option given above have been tried and found to be successful. I will wait for others to contribute their opinion.

The refusal letter didn't say I could apply for an Administrative Review, so I guess applying may not do much good anyway...

Thanks for your help TODMATT - I've written to my MP and asked him to do some digging via the hotline, and have submitted the formal appeal and documents. I'll hold off on the Administrative review as you advised unless someone else replies and has anything else to add.

[TODMATT]

and don't forget to make a complaint.

https://www.gov.uk/government/organisat ... -procedure

[translationlibration]

and don't forget to make a complaint.

https://www.gov.uk/government/organisat ... -procedure

Just to update you:

I wrote to their address in Sheffield explaining the situation and sent the letter on Wednesday... Received a positive decision by email today (no explanation, just a 30 month grant of leave under the 5 year route)!!!

Do you know if it's possible to withdraw an appeal and get the 80 quid back? Just seems a waste now I don't need it anymore... Or should I just wait for them to get back and they can bill it to UKVI?

[TODMATT]

and don't forget to make a complaint.

https://www.gov.uk/government/organisat ... -procedure

Just to update you:

I wrote to their address in Sheffield explaining the situation and sent the letter on Wednesday... Received a positive decision by email today (no explanation, just a 30 month grant of leave under the 5 year route)!!!

Do you know if it's possible to withdraw an appeal and get the 80 quid back? Just seems a waste now I don't need it anymore... Or should I just wait for them to get back and they can bill it to UKVI?

Congratulations and have you received acknowledgment from FTT about your appeal yet?

[translationlibration]

and don't forget to make a complaint.

https://www.gov.uk/government/organisat ... -procedure

Just to update you:

I wrote to their address in Sheffield explaining the situation and sent the letter on Wednesday... Received a positive decision by email today (no explanation, just a 30 month grant of leave under the 5 year route)!!!

Do you know if it's possible to withdraw an appeal and get the 80 quid back? Just seems a waste now I don't need it anymore... Or should I just wait for them to get back and they can bill it to UKVI?

Congratulations and have you received acknowledgment from FTT about your appeal yet?

Thank you and thanks for all your help and advice! I emailed them the docs and they said they've received them but haven't directly said anything about the FTT itself.