Visa for my Wife... - Application submitted on 27 Aug 2012

riversidecreations · Post by **riversidecreations** » Sun Dec 09, 2012 3:47 pm

It's ok to re-apply. After all, that's what they are pushing for. The long wait, the standard responses.. Etc.

Their policy is, if u can afford it, re apply. If not, wait for them to sit on it..

riversidecreations · Post by **riversidecreations** » Sun Dec 09, 2012 3:50 pm

Don't know if this can help anyone... But this is the response I got for the email I sent to them:

Dear Sujan

Thank you for your email.

To take your points separately.

The issue of the SU07/12 form is one that we are currently seeking to clarify because, as you and others have stated, it is not clear whether it is a mandatory requirement or not.

If this had been the only reason why the application was refused I would have expected the ECO to contact you and this issue would not have arisen.

With regard to the issue of “a letter from your sponsor’s employer stating your gross annual salary”, this a requirement of the Immigration Rules and having checked the letter from your employer it does not confirm your gross annual salary therefore the Entry Clearance Officer was quite correct to refuse you on this ground.

As a result the decision to refuse your spouse is correct.

I note that you have submitted several scanned documents with your request, however the Immigration Rules at paragraph 39B (d) state that:-

“Specified documents must be originals, not copies, except where stated otherwise.”

As a result the scanned documents you have submitted do not meet the Immigration Rules and as a result the application of your spouse remains refused.

She is welcome to either appeal the decision, paying the required fee, or re-apply, paying the required fee and submitting all the specified documents.

I am sorry I could not give you more welcome news.

Yours sincerely

N. Snowden

riversidecreations · Post by **riversidecreations** » Sun Dec 09, 2012 3:52 pm

The scanned documents he mentioned were the documents I sent to them on email after the refusal - su07 and employer letter stating gross.

kumar2012 · Post by **kumar2012** » Sun Dec 09, 2012 5:34 pm

Thanks Sujan,

I phone up AIT and got the appeal ref number. I appealed online on 23/11/12. Should I mention appeal number when I reapply?

jeebu · Post by **jeebu** » Mon Dec 10, 2012 12:45 pm

Could some provide the list of documents required for spouse applying as a dependant from abroad please.

one2ka4 · Post by **one2ka4** » Wed Jan 02, 2013 9:34 am

hi, Sujan, have you had any reply from BHC for your appeal with in 20 working days??

I have applied for my wife's visa as well in Nov and really getting worried and stressed about it.

I hope you get ur appeal accepted very soon.. Please keep us updated..

riversidecreations · Post by **riversidecreations** » Thu Jan 17, 2013 8:34 pm

Sorry for the late reply.

The appeal is in progress and the appeals team in chennai have confirmed that.

My MP received a reply from the Visa office customer services stating that I did not submit pay slips and bank statements as evidence of gross income - which my MP is currently challenging as this is really different to what was on my refusal letter - the refusal letter said that the employer letter provided stated annual salary, but not gross salary . So obviously there is a fault on the system somewhere.

I then wrote to the ECM again stating that if payslips and bank statements are enough to confirm Gross income, why was my application rejected...? etc.

And now I am waiting for a response from the ECM
MP is waiting for a response from Visa Office CEO
Tribunals are waiting for ECM to decide whether or not to overturn

one2ka4 · Post by **one2ka4** » Thu Jan 17, 2013 9:21 pm

Thanks Sujan for update. I can really feel what you are going through, keeping my fingers crossed for you. hopefully you will hear good news very soon....

kumar2012 · Post by **kumar2012** » Sat Jan 19, 2013 3:01 am

Hi Sujan, you did submit the bank statements and payslips? So what exactly is the reason for your refusal. If you remember, mine is similar to yours from Chennai. I am still wounded...

Wish you get the visa soon!

riversidecreations · Post by **riversidecreations** » Mon Jan 21, 2013 12:31 pm

Yeah.. the actual reason as written by the ECO was that 'Gross' was not mentioned even though it was in my contract and it can be worked out via my payslips...

My MP received a response from Visa customer services stating that I did not submit payslips or bank statements as evidence of gross income.. which is currently being challenged at the moment.

I understand the reason for refusal and that it is a requirement that is not met... but at the end of the day, it is just one word that makes no impact.

anyway.. we'll wait and see.

navodwickra · Post by **navodwickra** » Mon Jan 21, 2013 3:51 pm

riversidecreations wrote:Yeah.. the actual reason as written by the ECO was that 'Gross' was not mentioned even though it was in my contract and it can be worked out via my payslips...

My MP received a response from Visa customer services stating that I did not submit payslips or bank statements as evidence of gross income.. which is currently being challenged at the moment.

I understand the reason for refusal and that it is a requirement that is not met... but at the end of the day, it is just one word that makes no impact.

anyway.. we'll wait and see.

I am sorry to hear that. My wife also applied for her spouse visa last December and I am pretty sure my employment letter didn't say gross salary but I added 12 payslips and relevant bank statements with the application.

Ulou · Post by **Ulou** » Thu Jan 31, 2013 8:11 pm

I am going through a similar situation, I supplied photocopies of my payslips and a photocopy of my work contract - therefore they have said this is a refusal.
I am considering if I can appeal at the visa center (Tirana) or with the UK First Tier Tribunal.
i am sure the guidance notes states if photocopies and not originals are submitted the ECO should attempt to request the originals prior to rejecting?

riversidecreations · Post by **riversidecreations** » Wed Feb 13, 2013 4:32 pm

If the originals were available at the time of rejecting, then you should submit them with your appeal.

If it was just one evidence, then the ECO would contact you, as it is all six payslips, and contract, then they were right to reject.

Were there no other reasons for the refusal?

Ulou · Post by **Ulou** » Fri Mar 01, 2013 7:26 pm

Hi Riverside.
I provided photocopies of my bank statements also (I have an online bank account) and this is what I get, however I have since got through statements from the bank directly.
My confusion is now with the appeal process - it clearly states do not send originals please send photocopies, so I have resent these with the latest 8 months (pay and bank statements), however I thought the appeal was undertaken in the UK and have since learned the appeal is first sent through to the embassy and I have only provided the photocopies again as it clearly said DO NOT send originals.
I am thinking I will courier my original documents to the embassy as I want them to have these as part of the review to see if they will overturn the decision.
I am at a loss - why reject on photocopies and then let you appeal where they state only send photocopies.

MR_G · Post by **MR_G** » Tue Mar 26, 2013 1:38 pm

sujan any luck?

riversidecreations · Post by **riversidecreations** » Tue Mar 26, 2013 6:40 pm

Nope..

I guess they'll drag til 30th April... I sent an email to them last week and they replied - below:

Your application will be reviewed once its place in the queue is reached therefore any future emails will be read but not responded to.

I guess that's their attitude..

riversidecreations · Post by **riversidecreations** » Wed Apr 24, 2013 9:18 pm

Just to update...

'DOT Letter' has been sent to my wife following a phone call to confirm that she should submit her passport.

They have said that it will take 10-12 working days to review the application.

riversidecreations · Post by **riversidecreations** » Thu May 16, 2013 2:50 pm

Passport collected and Visa issued until February 2016.

Immi121 · Post by **Immi121** » Thu May 16, 2013 9:19 pm

riversidecreations wrote:Passport collected and Visa issued until February 2016.

Congrats! Thanks for the update.

JS28 · Post by **JS28** » Thu May 23, 2013 11:50 am

riversidecreations wrote:Sorry for the late reply.

The appeal is in progress and the appeals team in chennai have confirmed that.

My MP received a reply from the Visa office customer services stating that I did not submit pay slips and bank statements as evidence of gross income - which my MP is currently challenging as this is really different to what was on my refusal letter - the refusal letter said that the employer letter provided stated annual salary, but not gross salary . So obviously there is a fault on the system somewhere.

I then wrote to the ECM again stating that if payslips and bank statements are enough to confirm Gross income, why was my application rejected...? etc.

And now I am waiting for a response from the ECM
MP is waiting for a response from Visa Office CEO
Tribunals are waiting for ECM to decide whether or not to overturn

Hi Sujan,

I am currenty waiting for my civil partner's appeal. How did you contact your MP? Did you email or send letter? Can I please have a look at the template that uou have used to contact the MP and the BHC?

It would be very helpful if you could please provide us with the copy.

Thanks
Bal

riversidecreations · Post by **riversidecreations** » Thu May 23, 2013 12:04 pm

Hi Bal,

I wrote to my local MP via email. He was very good and responded within a day and then called me to clarify situations.

You have to find out who your local MP is. There is no such template.. just contact them and explain the situation.

JS28 · Post by **JS28** » Fri May 24, 2013 12:21 am

riversidecreations wrote:Hi Bal,

I wrote to my local MP via email. He was very good and responded within a day and then called me to clarify situations.

You have to find out who your local MP is. There is no such template.. just contact them and explain the situation.

Hi Sujan,

Following your advice, I emailed my MP about the visa and this was his reply:

Dear Baljit

I am sorry to hear about your troubles and I will look through your email in detail. I would however say at this stage you have to take a hard look at the reasons for the refusal and address those through the appeal, you are also engaged in a legal process and it maybe that you need the help of an experienced legal representative in immigration. I am not suggesting that you spend money for the sake of it but it is my understanding that an appeal offers you the opportunity to present new evidence, just resubmitting old information will not help and I am afraid there are no short cuts.

Kind regards

I dont know what else to do at this stage. I dont see the point of hiring a lawyer coz it would still be a long process...What I thought was if fingers crossed the ECM does not overturn the decision, then I will hire a solicitor. At the moment I am hoping that the ECM overturns the decision.

Any advice?

Thanks

riversidecreations · Post by **riversidecreations** » Fri May 24, 2013 8:34 am

What were the reasons for your partner's refusal?

JS28 · Post by **JS28** » Fri May 24, 2013 8:59 am

riversidecreations wrote:What were the reasons for your partner's refusal?

See below:

Hi All,

My civil partner applied as a tier 2 dependant but was refused on the grounds of 319c of HC395

In the refusal letter it says:

You have applied as a Tier 2 general partner of the PBS in order to join your civil partner. On assessing you application, I note that you travelled to the U.K. in January 2013 and entered a civil partnership with your sponsor. It appears that since your civil partnership took place you have spent only 49 days with your partner. You have provided no evidence to demonstrate that you and your sponsor have been living together in a relationship similar to marriage or civil partnership for a period of 2 years as required under Paragraph 319c of HC395.

I have therefore refused your application because I am not satisfied on the probabilities that you meet all the requirements of the relevant Paragraph of the United King doom Immigration RUles.

Can anyone please help us I did not submit our skype calls, emails, communication since we have provided this when she applied for UK civil partnership visit visa.

Also, in terms of the 2 years requirement? What can I provide as we were in a long distance relationship as I was in the U.K. but we have been in a relationship since 2009.

Please help me I am really devastated because of this

Thank you

JS28 · Post by **JS28** » Wed May 29, 2013 2:13 pm

Hi Sujan,

Would you recommend reapplying or waitiing for the ECM review?

Regards,

Bal

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Visa for my Wife... - Application submitted on 27 Aug 2012

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