# Settlement visa refused!



## august24 (Mar 4, 2014)

Hi guys,

My husband applied for a settlement visa in Feb and unfortunately he has been refused!
Since the computer failure of the British embassy they were not able to hand him his documents or the refusal letter yet. However we know that he has been refused. 
I have booked a ticket to go and see my husband on Saturday and I will be staying over a month there. My concern is that do I need to be in the UK in order to apply for an appeal for him? Is it possible for me to fill in the relevant forms and post it to wherever it needs to go?!

Well perhaps the more appropriate question would be that what are we suppose to do now in regards of appealing?! I really have no clue what to do. I would appreciate your help

Thank you


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## Joppa (Sep 7, 2009)

You need to wait until you get the refusal letter setting out the grounds for visa denial. Depending on what they are, you can plan your next step.
Sponsor doesn't have to be in UK for the applicant to lodge an appeal. Sometimes there are no grounds for appeal (i.e. he was correctly turned down) and the only way is to reapply when he can meet all the requirements.


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## Crawford (Jan 23, 2011)

How do you know he has been refused?

Until such time as you know what the refusal is, there is little you can do.

Write again when you know the details of the refusal; depending on what it is will dictate what you can do.


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## august24 (Mar 4, 2014)

Joppa said:


> You need to wait until you get the refusal letter setting out the grounds for visa denial. Depending on what they are, you can plan your next step.
> Sponsor doesn't have to be in UK for the applicant to lodge an appeal. Sometimes there are no grounds for appeal (i.e. he was correctly turned down) and the only way is to reapply when he can meet all the requirements.



Thank you for the info. Well we provided them all the documents required on the UKBA website. I don't recon that would be why they refused the visa. 
Where do we need to appeal to? would that also be depending on the visa denial reasons?
I am so stressed and have all these questions in my head! 
However thank you for the help I will change my flight for the following week. Do u recon that would give me enough time to take the next step?

Thanks again


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## august24 (Mar 4, 2014)

Crawford said:


> How do you know he has been refused?
> 
> Until such time as you know what the refusal is, there is little you can do.
> 
> Write again when you know the details of the refusal; depending on what it is will dictate what you can do.


well they haven's asked for his passport to issue any visas! they simply asked him to go and pick up his documents. That means unfortunately no visa 

I will definitely write again as soon as i get the refusal letter. thank you


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## Crawford (Jan 23, 2011)

august24 said:


> well they haven's asked for his passport to issue any visas! they simply asked him to go and pick up his documents. That means unfortunately no visa
> 
> I will definitely write again as soon as i get the refusal letter. thank you


Where is your husband applying from?


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## august24 (Mar 4, 2014)

Crawford said:


> Where is your husband applying from?


he is originally from Iran but since the embassy closure in Iran, he applied from Turkey/Istanbul.


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## Lorelli (Jan 6, 2012)

august24 said:


> well they haven's asked for his passport to issue any visas!


Was his passport not included with his original application?


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## august24 (Mar 4, 2014)

Lorelli said:


> Was his passport not included with his original application?


no for settlement visa they don't keep the passport


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## Hertsfem (Jun 19, 2013)

august24 said:


> no for settlement visa they don't keep the passport


They do! how else could they give him the visa?


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## Whatshouldwedo (Sep 29, 2013)

I hope he takes his passport with him. If they did not keep it, then maybe they will issue the visa when he goes in to collect his documents?


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## Crawford (Jan 23, 2011)

Hertsfem said:


> They do! how else could they give him the visa?


Well I thought this too!

Why would the passport not be included with the application?


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## august24 (Mar 4, 2014)

Hertsfem said:


> They do! how else could they give him the visa?


If they decide to issue a visa, they will inform the applicant to provide their passports within 14 days.


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## august24 (Mar 4, 2014)

Crawford said:


> Well I thought this too!
> 
> Why would the passport not be included with the application?


 I'm not sure if this only applies to Iranian citizens or not, however as I mentioned before, since the closure of the British embassy in Iran, Iranian citizen need to travel to Turkey or UAE to apply for any kind of visas. For settlement visas since the process takes up to 12 weeks they will check the applicants passport when he attends his appointment to the British embassy, then they will make a copy and return it.


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## Whatshouldwedo (Sep 29, 2013)

So does he have to go back to the Embassy in Turkey to collect his documents? In which case, they know he would need to have his passport on him to travel. I suppose it is best to be prepared for the worst but I would not give up hope yet.


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## joneeboy (Jul 29, 2013)

The guidance notes chttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdflearly state that an application for settlement must be accompanied by a current and valid passport or travel document, and also any previous passports. If he did not submit his passport, that will be an obvious reason for rejection of the application. Of course, there may be others. 
refer: https://www.gov.uk/government/uploa...ment_data/file/270197/sup-docs-settlement.pdf 
If your husband did not submit his passport, I doubt very much that the Embassy will just put a visa in his passport when he goes to collect his documents. If he failed to send his passport, which is the 1st document listed after 'application form' on the list of documents to be submitted, how can you be sure that all the other documents and information were submitted correctly?
Also, the application fee is just that! It is not a fee for the visa. Meaning that if an application is rejected, he will have to re-apply and pay again. That's a very good reason being VERY careful to make as sure as you can that everything is submitted correctly. It used to be that our Embassies and the UK Border Agency would exercise a bit of discretion and ask for something that was missing. The current Government has done away with that.
As far as re-application or appeal is concerned, that is for the applicant to do, not the sponsor.
I suggest before you travel, you download and print a copy of Application Form VAF4A and its Appendixes and carefully go through it yourself before you travel. In particular, pay attention to the sponsor requirements, to make sure that you have everything with you that may be needed. 
Find forms here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274029/VAF4A.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf
Good luck!


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## Whatshouldwedo (Sep 29, 2013)

Yes, but how would the OP get back to his country if he were not allowed to keep his passport? Maybe in this instance the Embassy have to just take copies of the passport because of the peculiar situation of not being able to submit in Iran?

Also be very careful when checking VAF4a, unless Iran is one country where you actually fill that form out by hand and submit it. If you have to register and fill out the online version, be prepared for several differences in the information they require.


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## Joppa (Sep 7, 2009)

There are special rules and procedure for Iranians as they have to travel to Turkey or UAE (I believe) to apply for UK visas. Because they have to travel abroad and return to collect their documents, the embassy just keep a copy of their Iranian passport at biometrics appointment, and when they decide to issue their visa, applicant has to return with their passport for it to to be affixed. In OP's case, it's not clear if visa is being issued, refused or is still under consideration.


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## joneeboy (Jul 29, 2013)

I do appreciate your points. However, Iran is nothing to do with his application. It is being made in Turkey, and all applications in Turkey are online, so he would be downloading a copy and taking it with his documents including his passport to the visa application centre of his choice, which the op says is Istanbul. I assume that he would stay in Turkey until a decision is made.
That is what one often has to do, if a citizen of a country with which the UK has no diplomatic relations.


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## Joppa (Sep 7, 2009)

Waiting in Turkey? He may be waiting for 3 months!


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## joneeboy (Jul 29, 2013)

But he did not. The Consulate-General in Istanbul has special arrangements for Iranian passport holders, as does the UAE. I know someone who just stayed there with a friend. Of course, those 'special arrangements' may include taking a photocopy of passport at the visa processing agency as reported elsewhere in this thread, but if so, it is not publicised on the British Embassy website.


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## Joppa (Sep 7, 2009)

So what are you arguing about? I know what I'm talking about!


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## august24 (Mar 4, 2014)

joneeboy said:


> I do appreciate your points. However, Iran is nothing to do with his application. It is being made in Turkey, and all applications in Turkey are online, so he would be downloading a copy and taking it with his documents including his passport to the visa application centre of his choice, which the op says is Istanbul. I assume that he would stay in Turkey until a decision is made.
> That is what one often has to do, if a citizen of a country with which the UK has no diplomatic relations.


'm not sure if this only applies to Iranian citizens or not, however as I mentioned before, since the closure of the British embassy in Iran, Iranian citizen need to travel to Turkey or UAE to apply for any kind of visas. For settlement visas since the process takes up to 12 weeks they will check the applicants passport when he attends his appointment to the British embassy, then they will make a copies for themselves and return the original passport to the applicant so he can get back to his country.


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## august24 (Mar 4, 2014)

hey guys,
thank u all for the comments. I now have the refusal letter here and below are the reasons they have rejected my husband. the first one which is about our relationship, I kind of agree with it. but my husband had all the supporting documents such as pictures, our wedding videos, emails and etc.. with him to hand it to them, but they said they don't need it and gave it back to him!
However for the second reason I believe there has been a big mistake since we have provided all the documents required! It is very clear and obvious on my documents that my income is reasonably above the income they required!

They have also given us a form of 16 pages that we need to fill in, however I will be receiving it by tmrw night. Please let me know what you think and what I need to to next

ok the pictures below are the refusal letter:

Many thanks


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## Joppa (Sep 7, 2009)

In short you submitted an incomplete application.
You didn't send in Appendix 2 (why not?)
You didn't submit enough evidence about self-employment (rule is very clear in FM1.7)
All you've shown about your relationship is marriage certificate. You need a host of others, such as relationship history (in the form of a letter), record of having met, travel together, ongoing communication such as Skype, emails, photos etc. They don't accept videos or DVDs. He should have ignored what they said and just left the package there. 

As you have been correctly turned down, re-apply with completed Appendix 2 and other required evidence.


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## august24 (Mar 4, 2014)

Joppa said:


> In short you submitted an incomplete application.
> You didn't send in Appendix 2 (why not?)
> You didn't submit enough evidence about self-employment (rule is very clear in FM1.7)
> All you've shown about your relationship is marriage certificate. You need a host of others, such as relationship history (in the form of a letter), record of having met, travel together, ongoing communication such as Skype, emails, photos etc. They don't accept videos or DVDs. He should have ignored what they said and just left the package there.
> ...


I appreciate your comment. thank you.
I didn't realise that we needed to fill in the appendix 2!! It wasn't clear to us that we had to do it. I thought those forms are only for the countries that can not apply online! 
anyway do I need to show every single emails and texts from since we met? I don't feel comfortable with sharing details of my personal life with all these people  
Do we need to re-apply or just appeal with completed forms & documents?

Thank you


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## Joppa (Sep 7, 2009)

Just the fact you have communicated, not the content.
You can try sending completed Appendix Two and other evidence, as your case is on hold.


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