I have applied for a Spouse visa in Kiev, Ukraine in October. In November I was rejected, here is a copy of the letter:
Web www.gov.uk/ukvi
Our Ref Sheffield/xxxxx
Date xx Nov 2017
Dear
Your human rights claim in an application for entry clearance made on 26/07/2017 is refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the ‘next steps’ section of this letter.
The reasons for this decision are set out on the next page.
Yours sincerely,
ECO MT
Sheffield
REASONS FOR REFUSAL ROA
On 26/07/2017you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner XXXXXX XXXXXXX
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Relationship requirements
E-ECP.2.1. The applicant’s partner must be-
(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.
E-ECP.2.2. The applicant must be aged 18 or over at the date of application.
E-ECP.2.3. The partner must be aged 18 or over at the date of application.
E-ECP.2.4. The applicant and their partner must not be within the prohibited degree of relationship.
E-ECP.2.5. The applicant and their partner must have met in person.
E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.
E-ECP.2.7. If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.
E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place.
E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules;
The documents that you have submitted do not demonstrate that your sponsor is a British national or settled in the UK. Therefore I am not satisfied that your sponsor is able sponsor your application. Neither have you submitted a marriage certificate. Therefore I am not satisfied that you have a valid marriage.
Furthermore, the documents submitted do not show that you have met in person, therefore I am not satisfied that you have met in person.
In addition you have not submitted any evidence that you are in a genuine and subsisting relationship. I therefore am not satisfied your relationship with your sponsor is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP.3.3.
In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
1. (a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
2. (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
3. (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
You have not provided any payslips or letters of employment for the required period as evidence of your sponsor’s gross income from their employment. I note that you have provided XXX bank statements (account ending XXX ) in your sponsor’s name for period 01/09/2017 – 16/10/2017. However, these banks statements are for a period after the date of your application.
You have failed to provide the specified documents of your sponsor’s employment. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2. You are not exempt from the English language requirement under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN 1.6 and have not passed an English language test (A1 Level of Common European Framework) with a provider approved by UKBA and/or do not hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English.
I note that in your application you state that you hold a Masters degree from .... However the documents submitted do not demonstrate that you have a Masters degree from .... In addition you have not demonstrated that this qualification is recognised by NARIC UK.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.
Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
Based on the information you have provided we have decided that there are no such exceptional circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.
Compassionate Factors You do not fall for a grant of entry clearance outside the Immigration Rules on the basis of compassionate factors .
NEXT STEPS ROA
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
Now, the most interesting bit. I have submitted all the required documents initially but I have forgotten to submit:
Appendix 2
Official Copy
Latest statements
My sponsor posted those three documents from within the UK to Sheffield. They became confused and presumed these were all the supporting documents from my side and rejected me because this is clearly not enough. However, I do have a receipt from the visa centre where one can clearly see that all necessary documents were submitted.
IHS has not been refunded!!
Obviously, I want to get the visa ASAP but on the other hand this was a gross negligence from HO's side. We have involved our MP (this was not easy) but it will take some time.
Now, I am not very happy to gift HO with around £3000 I paid for the application (base fee+IHS+priority fee) and pay again.
I know appeal takes around a year or even longer. Taking into the account HO's negligence (basically, they have even look at my case), is there a chance that the appeal is going to be dealt with quicker?
Any opinions are appreciated.
