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Unfair Spouse Visa Refusal?

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

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confusedcitizen
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Shipping docs to UKVI from UK

Post by confusedcitizen » Mon Aug 05, 2019 1:51 pm

My wifes submitting a spouse settlement visa to come and join me in the UK from the USA.

Instead of shipping the supporting documents from the USA to the UK Visas and Immigration

I was thinking of bringing the supporting docs and her passport back from my trip to see her and shipping it to the UKVI myself, from the here (UK).. and just including a return shipping label to the USA.

This is to bring down costs, but do you think the UKVI would have a problem with me doing this?

I'm just trying to cover all my bases because I know how nitpicky they can be.

Any help/prior experience would be appreciated. Thanks!

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seagul
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Re: Shipping docs to UKVI from UK

Post by seagul » Mon Aug 05, 2019 2:46 pm

Now the supporting documents need to be scanned, uploaded and electronically sent to UKVI through their partner ((UKVCAS/VFS) either by the applicant or sponsor.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

confusedcitizen
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Re: Shipping docs to UKVI from UK

Post by confusedcitizen » Mon Aug 05, 2019 3:54 pm

Ah! We originally applied late April and were given the option to send them via post or electronically.

Now that we're reapplying we'll try doing it electronically. But what about the passport?

They'll accept a scan of that rather than the actual passport?

Because thats what they need to put the visa into....

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CR001
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Re: Shipping docs to UKVI from UK

Post by CR001 » Mon Aug 05, 2019 3:59 pm

She submits her passport at the visa centre when she goes for her biometrics.
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seagul
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Re: Shipping docs to UKVI from UK

Post by seagul » Mon Aug 05, 2019 6:20 pm

confusedcitizen wrote:
Mon Aug 05, 2019 3:54 pm
. But what about the passport?

They'll accept a scan of that rather than the actual passport
Some vfs centres offers the facility to keep the original passport during the process. Ask your vfs centre whether they offer that.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

confusedcitizen
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Unfair Spouse Visa Refusal?

Post by confusedcitizen » Mon Aug 05, 2019 8:52 pm

So my wifes spouse settlement visa from USA to UK was refused on the basis that I work for my dads company and all his tax returns etc must be provided too. :roll: (yes, i didn't realize this)

However someone else is in the process of taking over the company right now that isnt related to me, meaning those details wouldnt be required as he's a non family member.

I've been trying to get in touch with UKVI to tell them this so the refusal could be withdrawn but I get the usual cryptic copy and paste replies saying they cant help me ...even though i'm asking them put me through to the relevant decision making department who can....

Am i clutching at straws here? Should i just let it rest and reapply?

or

Am i on to something? Is there a way i can get through to UKVI or should i approach my local MP about this?

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seagul
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Re: Unfair Spouse Visa Refusal?

Post by seagul » Mon Aug 05, 2019 8:58 pm

Usually an extensive range of documents are required if you are working for your family member. In that case bank statements, payslips and employer letter alone won't work.
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CR001
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Re: Unfair Spouse Visa Refusal?

Post by CR001 » Mon Aug 05, 2019 9:02 pm

Am i clutching at straws here?
Yes as at the time you applied, section 9 of appendix 1.7 and documents required still applied.

There have been a few recent refusals for the same reasons due to applicants not reading appendix 1.7 fully or at all.
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Jaune08
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Re: Unfair Spouse Visa Refusal?

Post by Jaune08 » Mon Aug 05, 2019 9:10 pm

I’m sorry your wife’s visa was rejected (mine was rejected too).

Did Home Office give you any other reason why the visa was refused? Or the stated that as the only reason?
confusedcitizen wrote:
Mon Aug 05, 2019 8:52 pm
Am i on to something? Is there a way i can get through to UKVI or should i approach my local MP about this?
Talking to your MP won’t work, I’ve been on that route and it doesn’t work as it’s a strict immigration matter only. Also, there’s no way to contact Home Office to explain a detail if the decision was already made.

You have only two options really: reapply or appeal. I was told that reapply is quicker but expensive as you have to pay all over again, while appeal can be a long process.

Before taking your case to court for an appeal, there’s an administrative review to see if the case proceeds to be taking into consideration by the court or can be solved in this review. If you feel your case is pretty straightforward, you can submit an appeal, otherwise it will be sent to court and it can take months before you have a hearing and get a decision.

If you are missing a lot of documents to meet the financial requirements, it might be a better idea to reapply.

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CR001
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Re: Unfair Spouse Visa Refusal?

Post by CR001 » Mon Aug 05, 2019 9:15 pm

Jaune08 wrote:
Mon Aug 05, 2019 9:10 pm
Before taking your case to court for an appeal, there’s an administrative review to see if the case proceeds to be taking into consideration by the court or can be solved in this review. If you feel your case is pretty straightforward, you can submit an appeal, otherwise it’s gonna be sent to court and it can take months before you have a hearing and get a decision.
Admin review has nothing to with a court. It is UKVI that reviews the application with only the evidence submitted at the time of application and can be done if an applicant believes UKVI made an error, which in this case, they did not. New evidence cannot be submitted with admin review process.

Appeal is a completely separate process.
Char (CR001 not Casa)
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KristianDLloyd
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Re: Unfair Spouse Visa Refusal?

Post by KristianDLloyd » Mon Aug 05, 2019 10:17 pm

CR001 wrote:
Mon Aug 05, 2019 9:15 pm
Jaune08 wrote:
Mon Aug 05, 2019 9:10 pm
Before taking your case to court for an appeal, there’s an administrative review to see if the case proceeds to be taking into consideration by the court or can be solved in this review. If you feel your case is pretty straightforward, you can submit an appeal, otherwise it’s gonna be sent to court and it can take months before you have a hearing and get a decision.
Admin review has nothing to with a court. It is UKVI that reviews the application with only the evidence submitted at the time of application and can be done if an applicant believes UKVI made an error, which in this case, they did not. New evidence cannot be submitted with admin review process.

Appeal is a completely separate process.
@Jaune08 is not stating that the administrative review is a court matter, their response indicates that this is outside of the judicial system.
Jaune08 wrote:
Mon Aug 05, 2019 9:10 pm

Before taking your case to court for an appeal, there’s an administrative review to see if the case proceeds to be taking into consideration by the court or can be solved in this review.

I suspects ‘proceeds’ should be ‘warrants’.

Application Type: Settlement, Fiancé
Application Date: 26 June 2019
Decision Date: 29 August 2019
Decision: Granted

Application Type: FLR(M)
Application Date: 23 October 2019
Decision Date: 28 October 2019
Decision: Granted

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