# Spouse Visa refused based on UKBA's error



## joyfulgirl (Jan 19, 2016)

Hello all

I need some advice please. My husband's visa was refused based on a mistake on the part of the Entry Clearance Officer. I got my permanent status through my brother who is an EEA citizen but on the refusal letter, they wrote that I got it through marriage which is not true and should have shown on their records.

Now we are not sure what to do. Do we appeal the decision? I dont want to go down this route as I understand appeals can take up to a year.

Does anyone know if this matter can be escalated? I have a 3 year old who is undergoing investigations for not talking and it is really stressful being on my own with the kids. We have 2 children.

I also don't want us to apply again because it costs a lot of money and it seems unfair to do so based on their error.

I am just confised and any advice would be most appreciated.


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## joyfulgirl (Jan 19, 2016)

Also, can we apply for a visitor's visa whilst trying to resolve these issues?


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## nyclon (Apr 3, 2011)

Read through the refusal post in the stickies. You can start by filing a complaint.


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## bathra (Oct 28, 2012)

I think they are point blank refusing spouse visas which is really annoying....

Can you go for oral appeal heard it takes less time ?


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## joyfulgirl (Jan 19, 2016)

Thank you for replies. I am sorry for posting twice, I feel so hopeless.

I will file a complaint.


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## bathra (Oct 28, 2012)

Does Appel take a long time ??


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## joyfulgirl (Jan 19, 2016)

I read that appeals can take as long as a year, not sure.

I was wondering if I could file a complaint and make an appeal, at the same time?


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## bathra (Oct 28, 2012)

its a good idea but not sure if it will work

>snip< do let me know if you do go down this route .. as i may well do it too .. have the same problem wife there and i am here... he visa got rejected last week... we are not sure what to....


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## nyclon (Apr 3, 2011)

joyfulgirl said:


> I read that appeals can take as long as a year, not sure.
> 
> I was wondering if I could file a complaint and make an appeal, at the same time?


Yes, you can do both at the same time. If your complaint is successful you just withdraw your appeal.


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## joyfulgirl (Jan 19, 2016)

nyclon said:


> Yes, you can do both at the same time. If your complaint is successful you just withdraw your appeal.


Thank you so much for your reply. We will do both. I dont know what i will have to provide though to prove that they made a mistake.


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## joyfulgirl (Jan 19, 2016)

bathra said:


> its a good idea but not sure if it will work
> 
> >snip< do let me know if you do go down this route .. as i may well do it too .. have the same problem wife there and i am here... he visa got rejected last week... we are not sure what to....


We are considering making both an appeal and a complaint and if possible, applying for a visiting visa.

We are confused too and I wish we didn't have to go down this route. Its as if the ECO didn't even look at our application.


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## bathra (Oct 28, 2012)

ok good luck,,, what is the procedure for making a complaint ?


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## Joppa (Sep 7, 2009)

In your complaint, state you have submitted evidence of your permanent residence status through your brother, but the refusal letter states it was through marriage. 
You make a complaint through https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure


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## Crawford (Jan 23, 2011)

joyfulgirl said:


> Thank you so much for your reply. We will do both. I dont know what i will have to provide though to prove that they made a mistake.


Well, if you got your British citizenship via you brother who is an EEA citizen then you provide all the papers received at the time of that process to prove your point.

How did you do it by the way?


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## Joppa (Sep 7, 2009)

PR as extended family member, naturalisation a year after?


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## Crawford (Jan 23, 2011)

Joppa said:


> PR as extended family member, naturalisation a year after?


I just wondered how, if poster obtained permanent residency via her brother, the ECO thought the poster got permanent residency via marriage when the poster is _sponsoring (non British) husband for a spouse visa._

How do these situations get so complicated and misunderstood.?

Maybe the poster could scan her refusal letter as it would be interesting to see what ECO actually said.


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## Joppa (Sep 7, 2009)

ECO may have mistaken her brother for ex-husband. This can raise all sorts of red flag, gaining settlement through previous marriage and within a short period of time trying to sponsor new spouse for a visa.


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## joyfulgirl (Jan 19, 2016)

Thank you for your replies. Yes, I believe the ECO just assumed that my residence was given through a spouse. I will be sending them an email today and we'll also appeal, just in case. It just seems so unfair that my husband has to be away from us even longer due to their mistake.


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## joyfulgirl (Jan 19, 2016)

I am posting from my phone but once I'm at my computer, I'll scan the refusal letter.


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## joyfulgirl (Jan 19, 2016)

Dear all

I have uploaded the refusal letter. I have been trying to compose a letter of complaint but dont even know where to begin.

We are still very confused but would need to make haste as the 28 day appeal period will soon lapse.

I appreciate and welcome your comments.


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## bathra (Oct 28, 2012)

joyfulgirl said:


> We are considering making both an appeal and a complaint and if possible, applying for a visiting visa.
> 
> We are confused too and I wish we didn't have to go down this route. Its as if the ECO didn't even look at our application.



Holdfire for now to apply for visit visa.. that wont be easy as i am assuming that an ECO who looks at your papers and search through the system would immediately know that there is a settlement visa appeal already in the background which may make it harder for you to get the visitor visa


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## bathra (Oct 28, 2012)

Also are you looking to go to an immigration consultant here in UK to formulate an appeal for you ?i am looking too but still unsure if i should do it myslef or go through a consultant


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## Crawford (Jan 23, 2011)

The refusal letter states that the applicant married on 2011. However his spouse, you the sponsor, was given entry to the UK, in 2014, based on her marriage to an Austrian citizen.

You, the sponsor, say you entered the UK via your brother who is an EEA citizen, therefore you should demand proof of this other marriage. If they can produce such proof, and if it was *not *you that married then you need to fight this evidence.

You should provide evidence of your entry to the UK via your brother's citizenship.


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## joyfulgirl (Jan 19, 2016)

Thank you Bathra and Crawford for your replies. I intend to provide evidence of this but I assume this can be done with the appeal or maybe I'll attach it with the letter of complaint.

I am still deliberating whether or not to use a solicitor, perhaps it will make our case stronger. My husband thinks we should use one.

The ECO also didn't read or take into consideration the fact our son is not talking yet and is to be seen by a peadiatrician which in itself is very stressful coupled with the fact that my husband isn't here with us. 

I will be sending the complaint letter even if I employ the service of a lawyer. I think the ECO has been incompetent and not done his/her job properly.


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## joyfulgirl (Jan 19, 2016)

Crawford said:


> The refusal letter states that the applicant married on 2011. However his spouse, you the sponsor, was given entry to the UK, in 2014, based on her marriage to an Austrian citizen.
> 
> You, the sponsor, say you entered the UK via your brother who is an EEA citizen, therefore you should demand proof of this other marriage. If they can produce such proof, and if it was *not *you that married then you need to fight this evidence.
> 
> You should provide evidence of your entry to the UK via your brother's citizenship.


I wasn't given entry into the UK in 2014, I was given permanent residence. I had been in the UK for some years but only just got the permanent residence.

It most definitely wasn't me, I couldn't have married my brother so I don't know what the ECO is on about. I do intend to fight this and will take it to the highest authority, if need be.

Thanks Crawford, I appreciate your response.


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## Joppa (Sep 7, 2009)

My questions are: How did you manage to get settled status or citizenship through your brother? Do you have any idea who this Austrian national is that Home Office is talking about?


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## Crawford (Jan 23, 2011)

joyfulgirl said:


> I wasn't given entry into the UK in 2014, I was given permanent residence. I had been in the UK for some years but only just got the permanent residence.
> 
> It most definitely wasn't me, I couldn't have married my brother so I don't know what the ECO is on about. I do intend to fight this and will take it to the highest authority, if need be.
> 
> Thanks Crawford, I appreciate your response.


The ECO is not saying you married your brother. They are saying you are in the UK based on another marriage.

It is up to you to prove you are not so.


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## joyfulgirl (Jan 19, 2016)

Joppa said:


> My questions are: How did you manage to get settled status or citizenship through your brother? Do you have any idea who this Austrian national is that Home Office is talking about?


The Austrian citizen is my brother. I got permanent residence as a dependant of an EEA citizen. The ECO assumed I got it through marriage but I didn't.


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## joyfulgirl (Jan 19, 2016)

Crawford said:


> The ECO is not saying you married your brother. They are saying you are in the UK based on another marriage.
> 
> It is up to you to prove you are not so.


I intend to. I will attach all the documents we sent for the residence application.


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## Joppa (Sep 7, 2009)

Perhaps you were inexact in completing Appendix 2 so ECO got confused. Did you keep a copy of Appendix 2? Then go through it carefully to find out how you completed it incorrectly, and how you can remedy it. Put it in the form of a letter and enclose it with your complaint/appeal.


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## joyfulgirl (Jan 19, 2016)

Hello again

Thank you for your advice. I checked the Appendix 2 and we were precise about the status of my stay. We wrote that I was granted permanent residence in 2014 however, I have now received an email from the home office following the letter of complaint I made saying they are unable to help us at this time. I am so disappointed.

What do we do now? 

We dont want to apply again because it seems unfair that we have to spend so much money again for something that was totally not our fault and if we appeal, it'll take up to a year, Im told.

Any advice would be most appreciated. We feel so let down by the Immigration system.


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## bathra (Oct 28, 2012)

Are you planning to appeal ?

Sometime they can re-consider their decision


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## joyfulgirl (Jan 19, 2016)

bathra said:


> Are you planning to appeal ?
> 
> Sometime they can re-consider their decision


We have submitted an appeal but i was hoping we wouldn't have to go down that route as it's time consuming.

Not sure what else to do now?


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## bathra (Oct 28, 2012)

Did you guys use a consultant to submit the appeal ?


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## joyfulgirl (Jan 19, 2016)

bathra said:


> Did you guys use a consultant to submit the appeal ?


Yes, we did. We used a solicitor but i also wrote a letter of complaint


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## bathra (Oct 28, 2012)

Well sometimes they may re-consider the decision in 6 weeks of appeal ( thats what I have been lead to believe) 

So may be wait


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## bathra (Oct 28, 2012)

Also did you ask for an oral hearing or written hearing ?


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## joyfulgirl (Jan 19, 2016)

bathra said:


> Also did you ask for an oral hearing or written hearing ?


oral hearing


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## bathra (Oct 28, 2012)

i am going for written one

Anyway Fingers crossed.

PM me later we can keep in touch if you like


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## joyfulgirl (Jan 19, 2016)

Any advice, please?


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## bathra (Oct 28, 2012)

i finally appealed online and posted relevant evidence too . I will keep everyone posted on the forum/


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## joyfulgirl (Jan 19, 2016)

Hello everyone

I posted about my husband being refused his spouse visa based on an error by the ECO. I have since written them various emails and made an appeal, all to no avail.

We feel it'll be pointless applying again as we met all the criteria and also unfair to pay close to £2000 for another application.

Gurus in the house, what else can you advise ? We have appealed but are aware that appeals take close to a year before they come through. 

Any advice??


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## Crawford (Jan 23, 2011)

As you have now appealed there is little you can do except wait for it to take its course.


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## joyfulgirl (Jan 19, 2016)

Crawford said:


> As you have now appealed there is little you can do except wait for it to take its course.


Thank you for candid response


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