Visa refused

[Churchill73]

Hi
I’m requesting for help. My husband was today refused his visa to join me in the uk as his language test certificate was out of date. He will now do another test but my question is, can we appeal the decision once he has his new certificate or is it best to re-apply? This was the only grounds he was refused on. We meet the relationship and financial requirements. Also, how easy is it to appeal without using a solicitor who wants to charge £2,500 for his services? I’m a bit scared of getting the form wrong if appeal is the way we go, as apparently it’s a minefield. Thank you in advance

[Jaune08]

Hi
I’m requesting for help. My husband was today refused his visa to join me in the uk as his language test certificate was out of date. He will now do another test but my question is, can we appeal the decision once he has his new certificate or is it best to re-apply? This was the only grounds he was refused on. We meet the relationship and financial requirements. Also, how easy is it to appeal without using a solicitor who wants to charge £2,500 for his services? I’m a bit scared of getting the form wrong if appeal is the way we go, as apparently it’s a minefield. Thank you in advance

Yes, you can appeal instead of reapplying as you can submit new evidence (i.e., new certificate). I went through the same situation, visa refused due to the English test, appealed the decision and my visa was granted.

Based on my limited experience, I'd say save the lawyer fees and do it yourself. To lodge the appeal, you must fill in the form, attach the new certificate, and send it. Home Office will come back with a Tribunal letter at some point, but before going to court, your case will be reviewed by a consideration team (a.k.a administrative review). If the English certificate was the solely reason for refusal and you submit the correct one, you have a high chance to get the decision overturned before going to court.

Good luck.

[Churchill73]

Thanks for your quick reply.
Is it easy to do the appeal form and how quickly did they consider and overturn please. So pleased you had a good outcome. Praying for ours to have a happy ending soon

[Churchill73]

Also I won’t have the original certificate only a scanned copy. Does this matter?

[moses2019]

Don't worry about re appling just as jaune08 said I will be forever be grateful to her for sharing her story here . I got refused on the same ground as yours and my refusal has been overture and I am to submit my passport back to the visa centre which I did yesterday so u can appeal the decision but know u have to wait for sometime in my case I got refused on 23/july/19 and overturned on 30/oct/19 . It is worth it I must confess. All the best.

[xzaf]

it doesn't matter if its a copy they check the number on it to confirm if its valid. You will get a review and hopefully you should and can get a decision within 2 weeks...

Thanks

[Churchill73]

Thankyou everyone. This has helped me immensely in deciding the way forward. I’ll let you know how it goes

[Churchill73]

Hello I have another question. I will be acting as representative for my husband. Do I need to enter my details on both representative and sponsor details part of appeal form?

[Churchill73]

Also I am unsure under which article if the human rights act I am appealing under

[vinny]

Article 8.

[Churchill73]

Thankyou vinny

[Churchill73]

Cross fingers for me please. Appeal has gone in

[moses2019]

@chuchill, I believe they will overturn their decision before it goes to court I had the same issue in July and appealed as am writing now am in the UK , got here yesterday and everything looks OK. All the best.

[Churchill73]

This is so good to hear. I’ve been a very long time without my husband and it’s so stressful

[Churchill73]

Hi I’ve received a notice of pending appeal. Can anyone help me on what this means and what happens next please. Thanks in advance

[Churchill73]

Is there anyone that can advise on my previous request please. I’m desperate for some answers

[Jaune08]

Hi I’ve received a notice of pending appeal. Can anyone help me on what this means and what happens next please. Thanks in advance

Have you only received a Tribunal Letter? Not any other news from Home Office at all (via email, mainly)?

When I lodged the appeal, I've got a response from Home Office saying my visa was approved. Once I arrived to UK, I've got the "notice of pending appeal" letter (but that happened after I got the visa). This letter basically states that your case will be heard in court and you need to fill in the form and follow the instructions, because your appeal is still pending.

[Churchill73]

Thanks for your reply. Yes that’s all I’ve got so far. I’ve heard nothing from the home office as yet

[Churchill73]

Hi guys. We’ve received email stating that they have withdrawn the appeal and recommended to the decision making centre that entry clearance to the uk be granted. Any ideas on roughly how long this takes please.
Thanks in advance

[Zerubbabel]

Any ideas on roughly how long this takes please.

No, no idea. There is no point asking this question, nobody is able to answer except the Home Office.