Qu about spouse visa appeal

[truthparrot]

Just a question about spouse visa appeal. If my wife has been refused a spouse visa simply because of providing insufficient financial evidence (although my salary does meet the financial requirement): She has been given a right of appeal. If we appeal and send in the correct financial documents this time, is there a chance the decision can get overturned before going to appeal? If it does not and we proceed to the court, is the case then only based on human rights or can the new financial documentation sent with the appeal also be considered by the judge? I am confused whether its only human rights that can be considered after the ECO decision or if its still possible to get a decision reconsidered when supplementary evidence is provided.

Thanks if anyone can advise.

[Pak86]

Ive had a similar problem as u bro. Im also going to be appealing. :/

[physicskate]

They won't consider evidence that was available at the time of application. Reapply using the correct documents.

Appeals outside the UK are now only accepted on the grounds of human rights, and if your wife has been living happily (albeit without the spouse) outside the UK, it will be difficult to argue that you could not join her. And no, language/ culture are not generally considered barriers.

[truthparrot]

I thought that a court CAN consider evidence where it demonstrates the actual circumstances at the date of the ECO decision. It is not new evidence but rather reveals further what the real circumstances were ie in relation to finances at date of decision.

Surely a human rights decision could win on the basis that it would not be proportionate to refuse it given that all the rules were in fact met? It is not possible for me to go abroad given my work and family situation in the UK.