Administrative Review or Appeal for Settlement Visa refusal?

[scan87]

Hi all,

SITUATION:

About 2 days ago my application for Settlement Visa (Fiance Visa) was refused on the grounds of insufficient funds.


QUESTION:

My question is should I go for Administrative Review (I'm not sure if it exists) or should I directly Appeal?


Thank you very much for your help.

[vinny]

Yes there is a full right of appeal.

Administrative Review is not appropriate.

[scan87]

Yes there is a full right of appeal.

Administrative Review is not appropriate.

Thank you very much for your reply vinny. I will appeal.

Just out of curiosity, does Administrative Review procedure exist for Settlement Visa refusals because my solicitor in the UK has advised me to apply for Administrative Review first?




I have just one more question regarding my refusal:


The ECO has stated this while refusing my application:

I am not satisfied that you and your sponsor will be able, after the marriage or civil partnership, to maintain yourselves and any dependents adequately without recourse to public funds (Paragraph 281 (vi) of HC 395 as amended)

But after researching through the UKBA website, I found out that Paragraph 281 (vi) states the following:

the applicant holds a valid United Kingdom entry clearance for entry in this capacity

Source: http://www.ukba.homeoffice.gov.uk/polic ... _partners/


I had applied for a Fiance Visa, and the above Immigration law is for Spouse Visa.

Thank you.

[vinny]

There's nothing stopping you from informally requesting a reconsideration prior to lodging an in-time appeal.

The ECO may have quoted the incorrect paragraph reference.

[scan87]

There's nothing stopping you from informally requesting a reconsideration prior to lodging an in-time appeal.

The ECO may have quoted the incorrect paragraph reference.

Thank you for your reply vinny.

[pazpatel]

Hi all,

SITUATION:

About 2 days ago my application for Settlement Visa (Fiance Visa) was refused on the grounds of insufficient funds.


QUESTION:

My question is should I go for Administrative Review (I'm not sure if it exists) or should I directly Appeal?


Thank you very much for your help.

Can I please ask what funds you did show? What are you finances like? I ask as I am in the process my self and at present can only show saving of about £3000. But they can see that about 4 months ago plenty of money, only reson funds have gone down is because of wedding costs etc. I have an incolme of about 3k per month.

Sorry I know a little personal to ask but good to see why they refused on insufficant funds. Also you mentioned you are applying on Fiance? Is that correct?

[scan87]

Hi all,

SITUATION:

About 2 days ago my application for Settlement Visa (Fiance Visa) was refused on the grounds of insufficient funds.


QUESTION:

My question is should I go for Administrative Review (I'm not sure if it exists) or should I directly Appeal?


Thank you very much for your help.

Can I please ask what funds you did show? What are you finances like? I ask as I am in the process my self and at present can only show saving of about £3000. But they can see that about 4 months ago plenty of money, only reson funds have gone down is because of wedding costs etc. I have an incolme of about 3k per month.

Sorry I know a little personal to ask but good to see why they refused on insufficant funds. Also you mentioned you are applying on Fiance? Is that correct?

Yes I had applied for a Fiance Visa.

Me and my fiancee had shown savings of £7000, along with a provisional marriage date and a definite job offer.

[vinny]

They should also have taken both Savings and Job offer into account.

[scan87]

They should also have taken both Savings and Job offer into account.

But its a pity that people who are representing UK (the so called ECOs) don't even bother about the written immigration laws.

They give decisions according to their own will.

Well anyways I was prepared for this because I knew that if 10 visa applications were submitted they will reject at least 8 out of those 10 applications for no genuine reason. I have already faced this situation while I was in the UK as well.

I would like to add that the ECO who had given me the refusal decision made assumptions while giving the decision. The ECO wrote "I am not satisfied that these funds are still genuinely available for your exclusive use." I didn't withdraw a single penny from the account. The ECO didn't even bother to verify with the bank that if the funds are genuinely available or not.

Regrading the job offer the ECO states that "You have not shown this job offer has no time limit and this offer of employment will remain open to you until you have obtained your spouse visa" Even though my job offer letter clearly stated that "I have to provide legal documents before I start work" and it also stated that "the job offer is open". I mean as a UKBA employee the ECO should have understood these simple English words. Those words stated in my job offer letter clearly suggests that the owner of the company kept the job offer open till I get the spouse visa. I mean just because the owner of the company didn't write that the job offer was "open till I get spouse visa" is just ridiculous. There were many statements in the job offer letter which suggested that the job offer was open till I get spouse visa. And most importantly the ECO could have phoned the owner of the company to verify the job offer instead of making "such stupid assumptions".

The ECO has even accused me that I had stated in the visa application form "I intended to work in the UK while on fiance visa". The ECO states that:
“Finally I note that you have provided a letter showing that you have a job offer from *********** however a fiancé is prohibited from employment until they have been granted 2 years leave following the marriage or registering of the civil partnership.”
I was fully aware at the time of submitting my Visa Application Form that as a fiancé I will be prohibited from employment in the UK. This is evident from the following:

The Visa Application Form (VAF4A OCT 2011) which I submitted had the following question and my answer to the question was:
8.6.7 Do you intend to work in the UK? If ‘Yes’ please provide full details.
Answer: Yes I intend to work in the UK once my immigration status permits work. I have a definite job offer from ******* as a ******* (job offer letter enclosed in supporting documents). Additionally I will be pursuing jobs as a ***********. I have also enclosed in supporting documents some job ads (printed out from http://jobseekers.direct.gov.uk) related to my qualifications which I can undertake in UK once my immigration status permits work.”

From the above-mentioned answer to the question it is clearly evident that (at the time of submitting the Visa Application Form) I was fully aware that as a fiancé I will be prohibited to work. The ECO had failed to notice the “once my immigration status permits work” part in my answer. I was trying to explain to the ECO that I’ll take up the employment offer at ********** as well as pursuing jobs as a ************* after receiving my 2 year spouse visa in the UK but not on the Fiancé Visa.

Just because I didn’t mention the “2 year spouse visa” part in the answer doesn't mean that I had no knowledge of the UK Immigration law. I was fully aware of the Immigration law at the time of submitting the Visa Application Form. I never tried to mislead the ECO.


I explained every detail of my visa application form in separate letters from me. But as far as I can see the bundle of the documents the ECO didn't even bother to read all the letters. Even though they took such a long time to give a *&#@%*:( decision.

Its sad that even after taking such a long time to process settlement applications, they don't have time to verify the details of the applications instead they make stupid assumptions regarding the application.

Moreover the day I went to the VFS to submit my visa application, I had a horrible experience. The whole process was just *&#@%*:(

Anyways there is no point in complaining. They are going to work in their way. My complaining won't make any difference.

[vinny]

Quoting the incorrect paragraph of the immigration rules also seems to indicate that the ECO was paying little attention.

Try first asking for reconsideration (not "Adiminstrative review"), with you quoting the correct rules. Refute each refusal reason, point by point. But do appeal within the time limit, if the refusal still stands. Perhaps claim for costs.

[scan87]

Quoting the incorrect paragraph of the immigration rules also seems to indicate that the ECO was paying little attention.

Try first asking for reconsideration (not "Adiminstrative review"), with you quoting the correct rules. Refute each refusal reason, point by point. But do appeal within the time limit, if the refusal still stands. Perhaps claim for costs.

Thank you for your advice. Well I have already sent the whole bundle of documents to the UK to my fiancee who should receive it in the next few days. I think i'll go for the reconsideration part first.

Thanks again.

[pazpatel]

Quoting the incorrect paragraph of the immigration rules also seems to indicate that the ECO was paying little attention.

Try first asking for reconsideration (not "Adiminstrative review"), with you quoting the correct rules. Refute each refusal reason, point by point. But do appeal within the time limit, if the refusal still stands. Perhaps claim for costs.

Thank you for your advice. Well I have already sent the whole bundle of documents to the UK to my fiancee who should receive it in the next few days. I think i'll go for the reconsideration part first.

Thanks again.

Hi Scan,

After reading all that I am left speechless, and with more worry too. I cant believe it. My thought are with you and your partner and I truely hope all this is rectified ASAP for you and you both are together.

Keep us all updated please.

I have lost all hope now for my spouse visa, got married back in January and we are just about to submit for our visa, I have a regular income and save, but before October I had saving off over £10k. at present it is only £4000 as I paid for all wedding costs my self. Flight for me and my family, all the gold and rings, my family ceremony stuff, clothes for me and my family too, my honeymoon etc. And even though cost went to £16k I only withdrew about £6k from savings showen, rest was somewhere else. I have no hope in hell if you showed £7k.

Fingers crossed for both of us

[scan87]

Quoting the incorrect paragraph of the immigration rules also seems to indicate that the ECO was paying little attention.

Try first asking for reconsideration (not "Adiminstrative review"), with you quoting the correct rules. Refute each refusal reason, point by point. But do appeal within the time limit, if the refusal still stands. Perhaps claim for costs.

Thank you for your advice. Well I have already sent the whole bundle of documents to the UK to my fiancee who should receive it in the next few days. I think i'll go for the reconsideration part first.

Thanks again.

Hi Scan,

After reading all that I am left speechless, and with more worry too. I cant believe it. My thought are with you and your partner and I truely hope all this is rectified ASAP for you and you both are together.

Keep us all updated please.

I have lost all hope now for my spouse visa, got married back in January and we are just about to submit for our visa, I have a regular income and save, but before October I had saving off over £10k. at present it is only £4000 as I paid for all wedding costs my self. Flight for me and my family, all the gold and rings, my family ceremony stuff, clothes for me and my family too, my honeymoon etc. And even though cost went to £16k I only withdrew about £6k from savings showen, rest was somewhere else. I have no hope in hell if you showed £7k.

Fingers crossed for both of us

Don't worry papz, not all ECOs are the same (I hope).....Just try to explain every odd transaction in your bank account......The reason I'm saying this because the ECO has stated in my Refusal letter that I had failed to provide evidence of funds which were transferred by me from the UK into my Indian bank account around 3 1/2 years ago....... How can I have the receipt of the transaction now after all these years.....I had provided all the other receipts of the recent transactions.......I will definitely keep this forum updated regarding my situation........