Spousal visa : Not to appeal:

[688148256]

People on forums and my solicitor suggests not to appeal for the refused spousal visa for my mrs, as I do not have strong evidence against the ECO's decision instead I am suggested to make a fresh application.

But my wife is only 18 years old and marriage visa age is to rise on 27th november I have around 10 days to either make an appeal for her failed application or to make a fresh application.

ECO commented on my Income in the failed application beacuse I got paid in cash on hand and the wages did not reflect with my bank statements. So ECO does not believe that I have recieved the income I mentioned in the form.

I did provided the payslips as an evidence to proove my wages. But ECO didn't take that as an evidence.

But now I have hired a solicitor to make a fresh application and cover all the previous and failed points of the previous failed application and give reasons as to why I got paid cash and not through banking system.

Can you please suggest me which way I will be better off to get my wife here. I only got 10 days to make a fresh application or to appeal for the failed application.

If I missed these deadline I will have to wait 3 years till she turns 21 years old to apply again.

[vinny]

There is nothing in law to prevent a person who has an appeal pending from making a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal before allowing a further application to be made. If an appellant is issued a visa to enter the United Kingdom, e.g. following ECM review, then post should follow the procedures as per 27.4.1.

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an application. If an appellant is subsequently issued an entry clearance, Post must inform the AIT at: eco.contact@dca.gsi.gov.uk because only the AIT can stop the appeal. The applicant needs to sign a withdrawal of appeal form.

[batleykhan]

First thing, why employ a solicitor when you can get specialist advice in Immigration matter fromthe JCWI and IAS. Furthermore its free of charge.

Secondly why are you reapplying when there is a good chance that you will probally get refused, if you cant prove the reasons why the ECO refused you in the first place. Remember you only have a few days to get the info together for a new application.

Thirdly its going to cost you the full fee again.

I would much prefer to appeal, and try to prove the reason why the ECO refused you was unjustified. This will no doubt take a long time to resolve before you are granted a hearing and if you suceed for your wife to get a visa.

Have a quick chat with someone from the above organisation for an honest opinion, whereas I have my doubts about solicitors giving you an honest opinion for the simple raeson ..... cash

Good luck, and well worg reading above comments by Vinny. they are very useful

[del_piero_3]

First thing, why employ a solicitor when you can get specialist advice in Immigration matter fromthe JCWI and IAS. Furthermore its free of charge.

Can you please post links for these organisations...

Have a quick chat with someone from the above organisation for an honest opinion, whereas I have my doubts about solicitors giving you an honest opinion for the simple raeson ..... cash

I couldnt agree more, I've just been done over myself by these pricks.

Good luck, and well worg reading above comments by Vinny. they are very useful

I thought you cannot apply for a fresh case if your already going through an appeal....hmm thats something new.

[RiFF]

The link for IAS - www.iasuk.org

The link for JCWI - www.jcwi.org.uk

Just bear in mind though that even if the appeal does get allowed, it will take you the better part of 9 months-1 year before your partner gets the visa. So you have to be patient.