# spouse visa rejected ( Morocco)



## Mar FiFi (May 4, 2016)

hi evry one.
im from Morocco my settelment visa was rejected on 23 Jaunaury 2016. i applied on 12 February 2016. and now got Notice of pending appeal.
they give 15 weeks for the process. and i don't know if that mean i should wait fot the hearing date or there is still a chance to win without hearing.
is that mean they refused again ?

sorry for mistakes in writing. Because I do not know well English ... still learning it


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## cykohed (Mar 18, 2016)

Probably worth sharing your refusal letter and the reasons why it was refused


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## Mar FiFi (May 4, 2016)

I'm Moroccan, got married in UK with a British man which he is originally from Pakistan on May 2014.
We applied for settlement uk visa on the end of the same month. Which is May. 
We have been refused on November 2014. Than we appealed on the same month. 
They refused with reason that I was in UK as visitor. With visit visa. 

After that they refused again and we got a hearing date on Jun. I and my husband attend in the court. The judge accepted our marriage but never accept that we broke the law. 
We didn't know that I couldn't get married in UK or submit a spouse visa application as I'm a visitor. 
The judge decided that I have to go back to my homeland, which is Morocco. And apply from there. 
I came back to Morocco, and made a fresh application, submitted all paper work on November 2015. but unfortunately they refused again, the reason this time was belong my husband, his financial requirements, he is disable person which he is taking money from government, because he is ill and can't work. 

Notice : the judge accepted his healthy case before, so no problem with this point for me. 

But the problem is my husband didn't send all his paper work (by mistake) like some bank statements and rent document. 
Now they sent me a notice of pending appeal o April 2016, and give a very long time which is 15 weeks!! 
They said that they will write to me to give me an other date ( like appointment may be ) after 26 July 2016.
I don't know why they give date so far. 
Is this because they refused again and then will give me a hearing date? 
Do they might answer before ? 
Is it any chance that they will accept? Because we think we sent them everything they wanted. 

Please help me. 

Thank you


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## Mar FiFi (May 4, 2016)

Up... 

Please answer Please.


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## Joppa (Sep 7, 2009)

Your English is very poor. Can you get someone else to rewrite and repost?


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## cykohed (Mar 18, 2016)

Hi

To Help please clarify the points - dont add any detail.



Mar FiFi said:


> November 2014. Than we appealed on the same month.
> They refused with reason that I was in UK as visitor. With visit visa.


In November 2014 you were refused, which you appealed.



Mar FiFi said:


> After that they refused again and we got a hearing date on Jun. I and my husband attend in the court. The judge accepted our marriage but never accept that we broke the law.


Which was upheld, because you broke the law. By getting married on a visit visa and because you cant you apply for spouse visa from within the UK. You have apply from your home country.

(Regarding the law thing - being unaware of a law does not mean the law is not applicable. e.g if you break the speed limit because you thought it was higher. It doesn't matter)

You reapplied in November 2015, but refused on financial grounds and you failed to provide the required evidence (bank statement's and payslip)



Mar FiFi said:


> his financial requirements, he is disable person which he is taking money from government, because he is ill and can't work.


And now you have appealed this decision and want to know whether your appeal has a chance of success and is it normal to take so long.

Regarding the appeal process - I was advised by my immigration adviser any appeal can take a long time. Anecdotal evidence on this forum would suggest that the process can take 3-12 months. 

Although Ive read on this forum that an ECO reviews the cases first. So in a small number of cases, obvious mistakes are overturned. (like for example evidence being overlooked)

My gut feeling your situation is not in that category as its not straightforward.

In order for people to help you on this forum, please clarify the following


Please copy the exact wording of the refusal letter

What category did you apply under for the financials?

Did your sponsor meet the financial requirements you applied under?

You mention missing documents and accepted that you didnt provide them in the application. is this statement true?


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## cykohed (Mar 18, 2016)

Sorry to clarify 

What category did you apply under for the financials? OR did you apply with exemption due to the disability of your sponsor.?


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## Mar FiFi (May 4, 2016)

This was my refusal letter :
____________________________

1__ you have not provided bank statements which show your sponsor's income Related Employment Support Allowance. You have failed to provide the specified documents of your/your sponsor's other sources of income. 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)

2__ Your sponsor is exempt from meeting the requirements of paragraph (E-ECP.3.1) as they are in receipt of DLA allowance. In order to meet the requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependants adequately in the UK without resource to public funds. You have submitted a SWP statement and bank statements to confirm that your sponsor receives £450 per month in DLA allowance. You have also submitted a JobCenterPlus statement which states that he receives £186.90 per week in income Related Employment Support Allowance. However no bank statements have been submitted to confirm he is in receipt of these funds. I am therefore only able to take into account the £450.20 your sponsor receive per month as part of the adequate maintenance calculation.... 



_______
Thank you


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## cykohed (Mar 18, 2016)

Mar FiFi said:


> However no bank statements have been submitted to confirm


Did you provide the bank statements in your application?


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## Mar FiFi (May 4, 2016)

cykohed said:


> Did you provide the bank statements in your application?


Yes I did.. 
I did it in appeal as well


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## cykohed (Mar 18, 2016)

_But the problem is my husband didn't send all his paper work (by mistake) like some bank statements and rent document. _
Just to clarify earlier in the threat you said that you didn't include all the bank statements.

So for the application (not the appeal) did you provide all the required bank statements?


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## Mar FiFi (May 4, 2016)

Yes. I told that because they told bank statements was missing, but I'm sure we provided them with application. They was 6months bank statements 

But my husband mistake was only didn't provide payslip to prove that government is paying for his rent house.


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## Mar FiFi (May 4, 2016)

*From vist to spouse visa*

Hello everyone

I been in Uk as a visitor with visit visa and i got maried there.

have i right to apply and appeal for spouse visa withing my country?

i heard i don't have right to apply or appeal

is it true ??

_______

thank u


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## Joppa (Sep 7, 2009)

You can't to switch to ANY OTHER LEAVE OR VISA if you are here as visitor. If you apply, you will be refused and there is no right of appeal. So return home and apply there.


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## Mar FiFi (May 4, 2016)

So I can apply and appeal from my country. Not from uk. 

Thank you


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## Joppa (Sep 7, 2009)

Yes, but you will only succeed if you meet all the requirements for a visa.


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## manida (Aug 23, 2012)

Hello, Mar Fifi i hope you will win the appeal Insha'Allah


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## Mar FiFi (May 4, 2016)

Joppa said:


> Yes, but you will only succeed if you meet all the requirements for a visa.


Thank you so much for your response


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## Mar FiFi (May 4, 2016)

manida said:


> Hello, Mar Fifi i hope you will win the appeal Insha'Allah


Ok. inchallah. Thank you...


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## Mar FiFi (May 4, 2016)

I received this email from UKVI today 
Does somebody have any idea 

___

I am writing to inform you that having reviewed the decision on your application on behalf of the Secretary of State I have decided to withdraw the decision of 22/1/2016. You will be notified of the new decision in due course.

The reason for withdrawing the decision is based on the fresh evidence that has been submitted. The ECO is now satisfied that the reasons for refusal have been addressed.

This letter is being copied to the Tribunal.

Yours sincerely


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## Asad1232009 (Jan 8, 2015)

Mar FiFi said:


> I received this email from UKVI today
> Does somebody have any idea
> 
> ___
> ...


Looks like a decision has been overturned if it has you will recieve a call in letter to submit the applicants passport and updated tb test if invalid.


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## tunderule (Jan 14, 2016)

It seems like a positive news... stay positive..




Mar FiFi said:


> I received this email from UKVI today
> Does somebody have any idea
> 
> ___
> ...


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## Mar FiFi (May 4, 2016)

Asad1232009 said:


> Looks like a decision has been overturned if it has you will recieve a call in letter to submit the applicants passport and updated tb test if invalid.


So,
In your mind, how long it will take to get that letter? please


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## Asad1232009 (Jan 8, 2015)

Mar FiFi said:


> So,
> In your mind, how long it will take to get that letter? please


Im not sure maybe a few weeks. Ive seen someone else get an email roughly same time as you and one guy before you who said they sent a letter within two weeks


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## Mar FiFi (May 4, 2016)

Asad1232009 said:


> Im not sure maybe a few weeks. Ive seen someone else get an email roughly same time as you and one guy before you who said they sent a letter within two weeks


Thank you for replying. We hope everything goes right and smoothly. 
Good luck to you as well


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## Mar FiFi (May 4, 2016)

Now. I just have a little question about withdrawing application decision . I got withdrawal letter from home office last week.... And this week my husband rang up the tribunal officer . She told him that they get withdrawal letter. And the case must be closed now. 
? Do you think we definitely won the case? And how long can call letter take to come
Thank you.


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## Asad1232009 (Jan 8, 2015)

Mar FiFi said:


> Now. I just have a little question about withdrawing application decision . I got withdrawal letter from home office last week.... And this week my husband rang up the tribunal officer . She told him that they get withdrawal letter. And the case must be closed now.
> ? Do you think we definitely won the case? And how long can call letter take to come
> Thank you.


Yes looks like you have won it. They have withdrawn the original decision and the tribunal have closed the case. Have they not sent you letter asking for a valid tb test submit passport etc. Im not sure how long it would take but i read on another forum 2 3 weeks but this process can stretch to 2 months as some people have experienced


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## Mar FiFi (May 4, 2016)

Asad1232009 said:


> Yes looks like you have won it. They have withdrawn the original decision and the tribunal have closed the case. Have they not sent you letter asking for a valid tb test submit passport etc. Im not sure how long it would take but i read on another forum 2 3 weeks but this process can stretch to 2 months as some people have experienced


Thank you brother Asad
Yes, i just received call letter today. And everything is OK.


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## Mar FiFi (May 4, 2016)

Good evening. All. 

Which form shall I fill in and submit it with passport to embassy. Is it the same what I filled in firstly. 
must I fill in it exactly like first one? 
Thank you.


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## Mar FiFi (May 4, 2016)

Does wrong partner's passport's expiry date affect visa, if submitting a new application with wrong passport expiry date with my passport to embassy to stamp visa on it? 
Because my partner's passport was expired 
Kindly answer


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## Mar FiFi (May 4, 2016)

Hello evreyone again.

The decision to refuse my application has been overturned,,, I resubmitted my passport with call letter to tls to stamp visa, Its bees more than one month, sience 16/06/2016.

and still waiting... :confused2:

does anybodey knews how long should i wait to get my passport back please ?
Is there any possible that they will refuse to stamp visa ?

Thank you


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## Mar FiFi (May 4, 2016)

up


please help...


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