Spouse Visa Rejected, Stupid reason, Appeal vs Reapply?

[Katie_France]

Pradis12,
Was academic ielts , ielts for UKVI or just academic ielts? Because if you have ielts for UKVI it should be fine. You probably didn’t include ielts for UKVI number in your application.

I had the same issue in January, we decided not to appeal and just reapplied. It took 32 business days and I received my visa.

[fighter130]

i got refused last year nov 20, and the only one reason is wrong ielts(academic)..my solicitor advised me do an appeal be-course if i do fresh application they will find an another mistake.. so that i was successfully finished my IELTS A1 exam within 28 days,, i appealed 13th dec and i got appeal pending notice on 28 feb 2018, ecm deadline would be 15 weeks , almost finish 8 weeks,, still nothing, really hopeless.. please help ME,, its really gonna be win my appeal or they refused again??

Hi Pradis12,

Just to let you know. A typical timeframe for appeals is around 1-1.5 years. I understand that often people applying for spouse visas are on a tight budget and they cannot afford a second application. If you can afford a fresh application, I would highly encourage you to reapply. Also, have a professional application check. Had I done it initially, I would have saved another €2500 and around 4 months of extra waiting time.

[fighter130]

I received my visa.

Oh, Congrats, well done!

[pradis12]

Pradis12,
Was academic ielts , ielts for UKVI or just academic ielts? Because if you have ielts for UKVI it should be fine. You probably didn’t include ielts for UKVI number in your application.

I had the same issue in January, we decided not to appeal and just reapplied. It took 32 business days and I received my visa.

hi thanks for reply me, congrats for your visa,, ya it was normal academic ielts(band 6.0) at British council,, they asked UKVI A1 LIFE SKILL and refused my application and give me 28 days to appeal against the decision,, after that i have successfully passed A1 EXAM within 28days and appealed before 28 day.. already 8 weeks gone, properly my deadline date is june 13,, (appeal only paper review )

they take such a long time period,, really confused,, am planning to apply new application after that my appeal decision,, my solicitor said that definitely i will get the visa from the EMC review,,my question is they are accept my NEW UKVI A1 LIFE SKILL certificate or they refuse again??

[pradis12]

i got refused last year nov 20, and the only one reason is wrong ielts(academic)..my solicitor advised me do an appeal be-course if i do fresh application they will find an another mistake.. so that i was successfully finished my IELTS A1 exam within 28 days,, i appealed 13th dec and i got appeal pending notice on 28 feb 2018, ecm deadline would be 15 weeks , almost finish 8 weeks,, still nothing, really hopeless.. please help ME,, its really gonna be win my appeal or they refused again??

Hi Pradis12,

Just to let you know. A typical timeframe for appeals is around 1-1.5 years. I understand that often people applying for spouse visas are on a tight budget and they cannot afford a second application. If you can afford a fresh application, I would highly encourage you to reapply. Also, have a professional application check. Had I done it initially, I would have saved another €2500 and around 4 months of extra waiting time.

hi thanks for reply me, congrats for your visa,, ya it was normal academic ielts(band 6.0) at British council,, they asked UKVI A1 LIFE SKILL and refused my application and give me 28 days to appeal against the decision,, after that i have successfully passed A1 EXAM within 28days and appealed before 28 day.. already 8 weeks gone, properly my deadline date is june 13,, (appeal only paper review )

they take such a long time period,, really confused,, am planning to apply new application after that my appeal decision,, my solicitor said that definitely i will get the visa from the EMC review,,my question is they are accept my NEW UKVI A1 LIFE SKILL certificate or they refuse again??

[Katie_France]

hi thanks for reply me, congrats for your visa,, ya it was normal academic ielts(band 6.0) at British council,, they asked UKVI A1 LIFE SKILL and refused my application and give me 28 days to appeal against the decision,, after that i have successfully passed A1 EXAM within 28days and appealed before 28 day.. already 8 weeks gone, properly my deadline date is june 13,, (appeal only paper review )

they take such a long time period,, really confused,, am planning to apply new application after that my appeal decision,, my solicitor said that definitely i will get the visa from the EMC review,,my question is they are accept my NEW UKVI A1 LIFE SKILL certificate or they refuse again??

Pradis12,
I am not a lawyer, but in my understanding only documents submitted at the time of application can be considered (it’s only my understanding).

You didn’t submit the correct test at the time of application.

If you have the funds to reapply, it’s better decision than just waiting and paying additional lawyers fee for the appeal.

[pradis12]

hi thanks for reply me, congrats for your visa,, ya it was normal academic ielts(band 6.0) at British council,, they asked UKVI A1 LIFE SKILL and refused my application and give me 28 days to appeal against the decision,, after that i have successfully passed A1 EXAM within 28days and appealed before 28 day.. already 8 weeks gone, properly my deadline date is june 13,, (appeal only paper review )

they take such a long time period,, really confused,, am planning to apply new application after that my appeal decision,, my solicitor said that definitely i will get the visa from the EMC review,,my question is they are accept my NEW UKVI A1 LIFE SKILL certificate or they refuse again??

Pradis12,
I am not a lawyer, but in my understanding only documents submitted at the time of application can be considered (it’s only my understanding).

You didn’t submit the correct test at the time of application.

If you have the funds to reapply, it’s better decision than just waiting and paying additional lawyers fee for the appeal.

thank you for your words,, i think your right.. all the best your bright future with your loved one,,

[fighter130]

Guys, would appreciate your advice again. Even though I have got my visa, my appeal is still pending and I have not heard anything from the court. Telephoned the court this morning and they said that HO may curtail my visa, if I do not withdraw my appeal. Any thoughts on this? Clearly, in my case HO was negligent and it would be nice to have my money back but if it will jeopardise my current visa...

[fighter130]

Got a letter today from the Tribunal saying that HO did not provide ANY documents. Not surprising.

So, the same question remains. Can I still chase HO for wasted money?

[Katie_France]

Fighter130, as per the legislation, I sent you the link before, ECO was to inform tribunal that they took a decision on your case.

I don’t think they can curtail your visa.

We didn’t appeal, but we continue fighting through MP... I am in doubts if we should continue fighting or just swallow it because we have to come back in 2,5 years.

[debooy2]

Got a letter today from the Tribunal saying that HO did not provide ANY documents. Not surprising.

So, the same question remains. Can I still chase HO for wasted money?

With Windrush scandal and the likes of it. It would be difficult for the HO to curtail your visa because you decided to contest a decision they took incorrectly?

I'm hoping David Lammy and Co would continue to expose the excesses of the HO towards immigrants in regards to their appalling service and exorbitant amount of money they take for application forms. No where in British life that that anyone as to pay that kind of amount for a form.

So I quite doubt they would curtail visa. Especially since they are in the wrong

[fighter130]

Guys, thanks a lot for your replies. I am a little bit confused by 'If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at'. Who/what is post? I suspect this is HO, not me. I will probably wait a bit more.

Especially since they are in the wrong - well, HO is only wrong when the court says so and since I have got my visa, there would be no court, so HO is not wrong...this is how it works and nobody cares that it is broken.

[fighter130]

Hi all!

5 mins ago got the following email from International Casework and Quality Assurance Team (ICQAT):

I am writing to inform you that I have reviewed the decision made on 20/11/17 to refuse your application. Pursuant to Tribunal Procedure Rule 17(2) I respectfully request that this appeal is treated as withdrawn.
This request for withdrawal is in order for a recommendation to be sent to the Decision Making Centre where your original application was decided to overturn the refusal decision and grant Entry Clearance.
The reason for this is - ECO error.
If the withdrawal of the appeal is granted, we will advise the Decision Making Centre where your original application was decided. They will contact you in due course with further information about any next steps you need to take.
This letter is being copied to the Tribunal. Yours sincerely,
JK
ECM
International Casework and Quality Assurance Team (ICQAT)

Well, at least I won my appeal and they admitted their mistake

Not sure why this is a recommendation but let's see what is going to happen.

[INLD]

Hey fighter, If you still online , I have some queries

[Sai-Sai]

Hi Fighter 130,

I had the exact same issue. At least they typed your letter with full reasons, despite not looking at the evidence. Mine was still half of the template letter edited with random instructions still left in.

It's frustrating but good for you that they've realised their mistake.
Just as note if it does go to an appeal before a judge which can take yonks! It will be under Human Rights Immigration Law- this will switch to the 10 year rule rather than the 5 year which you would apply through the spouse settlement visa.

This is a huge money making scheme if I'm honest. As I didn't get my IHS fee back and you have to wait upto 6 weeks. After making the mistake of calling for a refund and incurring a whopping £15 bill for the 13 minute call I was furious. Now I wait a further 6 weeks for a refund.
It's funny how the number is a UK landline free from most mobiles and landlines but yet they still charge on top £1.37 per minute!!!

[Maryloko]

The reason why i rejected because of the 3 bank statement 2nd page that we didn't submit...now..can i ask?do I have a chanxe to win in the appeal process?

[Maryloko]

The reason why i rejected because of the 3 bank statement 2nd page that we didn't submit...now..can i ask?do I have a chanxe to win in the appeal process?

In their guidelines if its not complete the papers they will contact you...unless they will not contact if they already have a decision to denied.