ILR Dependant Rejection & Appeal - Please Help

[mrsenn]

Hello Members, I am sorry about the long message below:

I am currently in my ILR. My wife and kid applied for Dependant visa from Chennai, India on Oct 27 2012 (application made 27 July 2012). They rejected my wife and kid's visa on the basis:

1. I, sponsor, has failed/refused to provide a written undertaking to be responsible for my wife and son’s maintenance & accomodation
2. I have not provided a contract of employment as evidence of gross income from my employment.

However, I have supplied more than enough documents as a sponsor including the following:

A duly notarised sponsor letter confirming that I am taking responsibility of maintenance and accommodation. In addition the original Tenancy Agreement with a letter from the landlord were also enclosed to support.
With regards to proof of employment and earnings, several supportive documentation were provided including a letter from employer confirming employment with contact information, P60, six months pay slips, six months current account statements to reflect monthly salary paid in and a saving account (ISA) statement.

I understand now that the rules were changed a couple of weeks before my wife applied for the visa where they made employment contract mandatory document. But there was no requirement to get the written undertaking form.

I have now filed an appeal (Nov 12 2012) by submitting the employment contract, and signed undertaking form (downloaded from UKBA website) and requesting them to reconsider the application as we have met all the rules at the time of original application.

I have a letter from the tribunal where they have requested UKBA to reply before 19th April 2013.

My question is how realistic is the chance for UKBA to reverse their decision before going to the court hearing? If it goes to court, is there a realistic chance for me to win the case?

Alternatively is it easier and best if I make a fresh application for my wife from Chennai, India?

Or can I do both a the same time?

Thank you very much in advance. Please help us.

Cheers

[mrsenn]

Hello Members, I am sorry about the long message below:

I am currently in my ILR. My wife and kid applied for Dependant visa from Chennai, India on Oct 27 2012 (application made 27 July 2012). They rejected my wife and kid's visa on the basis:

1. I, sponsor, has failed/refused to provide a written undertaking to be responsible for my wife and son’s maintenance & accomodation
2. I have not provided a contract of employment as evidence of gross income from my employment.

However, I have supplied more than enough documents as a sponsor including the following:

A duly notarised sponsor letter confirming that I am taking responsibility of maintenance and accommodation. In addition the original Tenancy Agreement with a letter from the landlord were also enclosed to support.
With regards to proof of employment and earnings, several supportive documentation were provided including a letter from employer confirming employment with contact information, P60, six months pay slips, six months current account statements to reflect monthly salary paid in and a saving account (ISA) statement.

I understand now that the rules were changed a couple of weeks before my wife applied for the visa where they made employment contract mandatory document. But there was no requirement to get the written undertaking form.

I have now filed an appeal (Nov 12 2012) by submitting the employment contract, and signed undertaking form (downloaded from UKBA website) and requesting them to reconsider the application as we have met all the rules at the time of original application.

I have a letter from the tribunal where they have requested UKBA to reply before 19th April 2013.

My question is how realistic is the chance for UKBA to reverse their decision before going to the court hearing? If it goes to court, is there a realistic chance for me to win the case?

Alternatively is it easier and best if I make a fresh application for my wife from Chennai, India?

Or can I do both a the same time?

Thank you very much in advance. Please help us.

Cheers

Hello All, Just to add to my point, I have going through other topics in the forum and I noted several appeals made in the last few months similiar to mine. Has anyone had their refusal overturned by ECM?

I am also reading conflicting messages about whether one can appeal and make fresh application at the same time. I read in a note where an applicant's fresh application was voided citing the pending appeal. Can any one please advise on this?

[Damanisshallo]

To start with read this. Further read this

[mrsenn]

To start with read this. Further read this

Thank you very much! A bit sobering to see the news Good to know that I can make an appeal and fresh application at the same time.

I guess with the backlog people are talking about, I cant expect any decision on my appeal in the near future. Better to put my faith in fresh application.

[mrsenn]

Hello All,

I just wanted to update the status of my visa application. As mentioned above, after my wife's original settlement visa was rejected I filed an appeal in November 2012 and at the sametime, made a fresh application in February 2013.

My wife received a call from the Chennai Post updating that they are overturning their decision based on the appeal and no need to go to the Tribunal. However, because we made a fresh application we needed to send an email to withdraw the fresh application before they can issue the visa. We received a confirmation letter with decision to over turn through email (still waiting for the hardcopy) but we went ahead and withdrew the fresh application on 12 April 2013. We are now waiting for the visa and I am not sure about the status yet.


I know we can try claim the appeal fees by writing to the tribunal; but I am not sure if we can claim the fresh application fees as I have withdrawn the application because of the circumstances?

Anyone else in the same boat here?

Cheers