# Visa refused



## Riana21 (Oct 19, 2015)

HatakeSage said:


> Happy for you ostyle! We're decision day twins apparently.
> 
> Riana, some time in the last weeks, a few people didn't get either a decision email or a confirmation email.
> They found the package at their door without any word! It wasn't bad news for them, I don't think it will be for you.




Hi, 

Unfortunately he was refused for two reasons because of the two additional documents that they requested in the email below. We emailed them we could not provide on time the attested marriage certificate and would like extra 3 weeks but no reply from them. However, we managed to send by email the letter of the Edinburgh Council and phoned them if they receive it which they confirm they did. I can't believe that the Eco said that he never receive it on his refusal letter. I am very annoyed because they never honour the NSO Marriage Certificate we provided in our application which we thought the most important document that they should see. Instead they asking for more from us. If only my husband applied in Philippines then there is no question about our Marriage Certificate .because he applied in Saudi where he currently work and live, they asking for more evidence!

I felt that they will try all the possible angle that they can see to refuse your application. My husband is so upset. I went to see immigration solicitor yesterday and I was advise to reapply. And offer his service for a fee of £1000. He said we are more likely to be unsuccessful if we appeal eventhough we gave all the two evidence because the change in law last April 2015. We can appeal on the grounds of Human Rights but will be likely to be long process and could take one year.

Should we apply ourselves again or use solicitor this time? We do not know what to do now, he was refused visit visa 2x three years ago. He is worried he may get refused over and over again. Please guys advise us, thank you in advance.



We are currently processing your application for Entry Clearance and In order to make a substantive decision on your application we require additional information.

The information we need is a follows:

Needs to see;
- Original attested Marriage certificate attested by the ministry and the Philippine Embassy in KSA.
- Accommodation survey report attested by local council or
Relevant body. (1984 Housing Act).


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## Marxoo (Oct 3, 2015)

Riana21 said:


> Hi,
> 
> Unfortunately he was refused for two reasons because of the two additional documents that they requested in the email below. We emailed them we could not provide on time the attested marriage certificate and would like extra 3 weeks but no reply from them. However, we managed to send by email the letter of the Edinburgh Council and phoned them if they receive it which they confirm they did. I can't believe that the Eco said that he never receive it on his refusal letter. I am very annoyed because they never honour the NSO Marriage Certificate we provided in our application which we thought the most important document that they should see. Instead they asking for more from us. If only my husband applied in Philippines then there is no question about our Marriage Certificate .because he applied in Saudi where he currently work and live, they asking for more evidence!
> 
> ...


I will advice you to use a solicitor. The solicitor route will be quicker. He will likely ask the ECO to reconsider before heading to court and in nearly all cases it would be reversed. 

So sorry to read this.


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## Riana21 (Oct 19, 2015)

Marxoo said:


> I will advice you to use a solicitor. The solicitor route will be quicker. He will likely ask the ECO to reconsider before heading to court and in nearly all cases it would be reversed.
> 
> So sorry to read this.




Thank you. Should we appeal or reapply?


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## Fatou21 (Oct 3, 2015)

Riana21 said:


> Marxoo said:
> 
> 
> > I will advice you to use a solicitor. The solicitor route will be quicker. He will likely ask the ECO to reconsider before heading to court and in nearly all cases it would be reversed.
> ...


So sorry for the sad news. Just try again, you guys keep your head up. You will get there in the end.


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## nyclon (Apr 3, 2011)

It would be helpful if you posted the exact wording of the refusal letter.


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## Riana21 (Oct 19, 2015)

nyclon said:


> It would be helpful if you posted the exact wording of the refusal letter.


Thank you. Below what written on his refusal letter 


You have not provided an original marriage certificate. This appendix requires original documents. We requested that you provide such a document, but you have chosen not to do so. 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)


You have provided evidence of your sponsor's mortgaged property. Taken in isolation, this does not demonstrate that the property is either habitable or is of sufficient size to accommodate you. We requested that you provide such a document, but you have chosen not to do so. I therefore am not satisfied that there will be adequately accommodation without recourse to public funds. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.4)


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## Riana21 (Oct 19, 2015)

Fatou21 said:


> So sorry for the sad news. Just try again, you guys keep your head up. You will get there in the end.


Thank you.

I provided my mortgage statement, copy of the layout plan of my 2 double bedrooms flat, copy of land registry, copy of the exact measurement of each rooms. In turn they ask for inspection report from the council which again I provided by email because it wont get on time which they said email is fine because they don't accept fax.

We submitted a Marriage Certificate released from National Statistics Office from Philippines. This is the mandatory certificate that they asked in VFS manila when you apply in the Philippines. It is what you must have when your applying for spouse visa. But a huge shock to ask that they ask for more and expect us to provide it within 2 weeks deadline. Unbelievable!


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## KHP (Oct 25, 2012)

You should wait for someone more knowledgeable to reply but from what you've said you supplied it sounds like you have grounds for appeal. However, that can take a long time. Maybe it would be easier to re-apply as you have all the required documents now.
Good luck


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## Fatou21 (Oct 3, 2015)

Riana21 said:


> Fatou21 said:
> 
> 
> > So sorry for the sad news. Just try again, you guys keep your head up. You will get there in the end.
> ...


I know, it's crazy how do they expect you to get the documents back to them in that short time. 
Send the missing documents in and see if they can turn the decision around. 
Might be worth specking to a solicitor and see what they say. 
Was the process a quick turnaround?


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## HatakeSage (Feb 4, 2015)

Fatou, from what I saw on here they don't change their decision if you didn't have the documents at hand during the process. It's just part of their regulations.


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## Fatou21 (Oct 3, 2015)

HatakeSage said:


> Fatou, from what I saw on here they don't change their decision if you didn't have the documents at hand during the process. It's just part of their regulations.



I guess your right. It's not easy being refused. All that time and stress, hard work trying to get it right


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## Fatou21 (Oct 3, 2015)

Riana21 said:


> Fatou21 said:
> 
> 
> > So sorry for the sad news. Just try again, you guys keep your head up. You will get there in the end.
> ...


Did they give you your ihs refund straight away?


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## Riana21 (Oct 19, 2015)

Fatou21 said:


> Did they give you your ihs refund straight away?




They have not refunded yet.

We decided to use solicitor. We are going to reapply hopefully he can help my husband get a visa.

I wonder if he still need to submit another tuberculosis test? His test was last taken last May 2015? Please advise.Thank you


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## Riana21 (Oct 19, 2015)

KHP said:


> You should wait for someone more knowledgeable to reply but from what you've said you supplied it sounds like you have grounds for appeal. However, that can take a long time. Maybe it would be easier to re-apply as you have all the required documents now.
> Good luck



Thank you. We decided now to reapply and not to appeal. Should we go for priority this time? Please advise. Thank you


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## Riana21 (Oct 19, 2015)

Fatou21 said:


> I know, it's crazy how do they expect you to get the documents back to them in that short time.
> Send the missing documents in and see if they can turn the decision around.
> Might be worth specking to a solicitor and see what they say.
> Was the process a quick turnaround?


It was 8 weeks we waited.


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## Marxoo (Oct 3, 2015)

Riana21 said:


> Thank you. We decided now to reapply and not to appeal. Should we go for priority this time? Please advise. Thank you


I will use priority if I can afford it. You can avoid heartache and get it resolved in a week or two.


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## Riana21 (Oct 19, 2015)

HatakeSage said:


> Fatou, from what I saw on here they don't change their decision if you didn't have the documents at hand during the process. It's just part of their regulations.


I agree with you because they are so strict.


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## Riana21 (Oct 19, 2015)

Marxoo said:


> I will use priority if I can afford it. You can avoid heartache and get it resolved in a week or two.



Thank you. if we go for priority, what if they asked another evidence this time that they didn't ask before?


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## Marxoo (Oct 3, 2015)

Riana21 said:


> Thank you. if we go for priority, what if they asked another evidence this time that they didn't ask before?



Lol. You will do yourself a lot of good by attaching the refusal letter and stating how you have met the points. 

Of course if they ask for any further document, you should provide them. That's nothing to worry about.


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## ejw07 (Apr 24, 2015)

HatakeSage said:


> Fatou, from what I saw on here they don't change their decision if you didn't have the documents at hand during the process. It's just part of their regulations.


After reading some of your remarks , my conclusion is that the UKBA should ask for the documents if its deemed not to impact the visa, like my issue i have the documents, I also have the banks statements stating that all money was being forwarded into he savings..per week. so the question here is that it does not count for documents there are other factors that why they need the documents. its because they could have a good travel history and other tangibles involved,

My case is different i have traveled to the UK for long periods an average of 2-3 months tops and left when i was supposed to..never leaned on the IHS (had my own) stayed at the residence i was supposed to when i applied for marriage Visa. Everything for me matches to the application..why would they give me a marriage Visa? 

Hatakesage..do not say from what you see. you need think logically if they want documents its for a reason we understand once documents are given in ... one must wait and see it those documents would have an affect on the process for a visa if not they will not ask for it. its simple.in my case the business accountas have the money being paid to my wife its the savings account it wen into..to which i fndout tha might not be what they wantas long as they see it goig to my wife as a wage which it was.. ty


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## Riana21 (Oct 19, 2015)

Marxoo said:


> Lol. You will do yourself a lot of good by attaching the refusal letter and stating how you have met the points.
> 
> Of course if they ask for any further document, you should provide them. That's nothing to worry about.


Thank you. That is a very good point.the refusal letter must be included in the application too and stating how we met the points. Now make me think if we still need a solicitor? But I remember the week before they decided, we got an email saying his application is not straight forward blah blah... So we really need a solicitor , right ?

Thanks


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## Marxoo (Oct 3, 2015)

Riana21 said:


> Thank you. That is a very good point.the refusal letter must be included in the application too and stating how we met the points. Now make me think if we still need a solicitor? But I remember the week before they decided, we got an email saying his application is not straight forward blah blah... So we really need a solicitor , right ?
> 
> Thanks


If you already have all the required documentation, you might not need a solicitor. I thought you might want to appeal the verdict by asking a solicitor to write to them to reconsider their refusal.

Whatever said, it should be straight forward application but if you do have the requisite funds for a solicitor, why not?


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## Riana21 (Oct 19, 2015)

Marxoo said:


> If you already have all the required documentation, you might not need a solicitor. I thought you might want to appeal the verdict by asking a solicitor to write to them to reconsider their refusal.
> 
> Whatever said, it should be straight forward application but if you do have the requisite funds for a solicitor, why not?


We decided to reapply again because solicitor said it will likely to be unsuccessful because the change of the law again last April 2015.

The question to my mind is they maybe new evidence they will ask again so we think that solicitor will help us to see if there is any evidence we still need to add.


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## nyclon (Apr 3, 2011)

Marxoo said:


> I will use priority if I can afford it. You can avoid heartache and get it resolved in a week or two.


That's highly unlikely. Don't expect your application to be processed as quickly as other priority applications which have not had a previous refusal. If you've had a refusal your application will draw further scrutiny as they will have to investigate the reasons for refusal.


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## Marxoo (Oct 3, 2015)

nyclon said:


> That's highly unlikely. Don't expect your application to be processed as quickly as other priority applications which have not had a previous refusal. If you've had a refusal your application will draw further scrutiny as they will have to investigate the reasons for refusal.




Really? A steep learning curve for me though. Just asking @Nyclon. Is it wise sending in further documentation when one is not asked? Seems to be the case with mine. Once I realise anything, I d send it via next day delivery lol. I guess my application would really be annoying them now


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## nyclon (Apr 3, 2011)

Marxoo said:


> Really? A steep learning curve for me though. Just asking @Nyclon. Is it wise sending in further documentation when one is not asked? Seems to be the case with mine. Once I realise anything, I d send it via next day delivery lol. I guess my application would really be annoying them now


No, you can't send additional documents after you've applied unless they specifically request them.


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## Fatou21 (Oct 3, 2015)

Riana21 said:


> Fatou21 said:
> 
> 
> > Did they give you your ihs refund straight away?
> ...


It's better to use a solicitor in some cases. I did. 
If it's in date when applying, but yours don't have much time on it. It only lasts 6 months.
Talk to your solicitor about it.
And good luck with it all


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## Marxoo (Oct 3, 2015)

nyclon said:


> No, you can't send additional documents after you've applied unless they specifically request them.



Okay cool. I did apply earlier and it sent a strongly worded letter stating on how I meet all the requirement, from having my own house to having a job which ensures I earn far above the threshold. I do all sorts of businesses and still keep a permanent job which gives me twice the required threshold. I am also a British citizen.

Since I work in HR i didn't bother providing a letter from employer since my personal letters are on letter headed. I also provided 3month bank statement and payslips which were more than 60 days old lol.

I met my spouse during her studies and didn't bother about a TB certificate since she was a UK resident and only returned to Nigeria after studies.

However, they have only asked for a TB certificate in their correspondence with me.

What do you think of my chances? Please


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## Riana21 (Oct 19, 2015)

Fatou21 said:


> It's better to use a solicitor in some cases. I did.
> If it's in date when applying, but yours don't have much time on it. It only lasts 6 months.
> Talk to your solicitor about it.
> And good luck with it all


I am going to see him again tomorrow. Did your solicitor complete the application on your behalf? I remember the application also ask whether you complete it or someone else complete on your behalf. If declare someone else completed it, any questions will be to the person who completed it or the applicant? I just wonder. Thanks


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## Riana21 (Oct 19, 2015)

nyclon said:


> That's highly unlikely. Don't expect your application to be processed as quickly as other priority applications which have not had a previous refusal. If you've had a refusal your application will draw further scrutiny as they will have to investigate the reasons for refusal.


What you said is exactly my feeling, this is why we need solicitor this time.


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## Riana21 (Oct 19, 2015)

Marxoo said:


> Okay cool. I did apply earlier and it sent a strongly worded letter stating on how I meet all the requirement, from having my own house to having a job which ensures I earn far above the threshold. I do all sorts of businesses and still keep a permanent job which gives me twice the required threshold. I am also a British citizen.
> 
> Since I work in HR i didn't bother providing a letter from employer since my personal letters are on letter headed. I also provided 3month bank statement and payslips which were more than 60 days old lol.
> 
> ...


Lol..This is crazy but I just found out today that not all countries required to submit TB certificate. Saudi and Philippines are not in the list...

I would like to ask since you work in HR, my company merged to another company. Since 1 October this year , we are now using a completely different name. All our employment terms and conditions are automatically transferred to this new entity. In my husband application this time, do I need to provide a new contract of employment etc? Thank you


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## Marxoo (Oct 3, 2015)

Riana21 said:


> Lol..This is crazy but I just found out today that not all countries required to submit TB certificate. Saudi and Philippines are not in the list...
> 
> I would like to ask since you work in HR, my company merged to another company. Since 1 October this year , we are now using a completely different name. All our employment terms and conditions are automatically transferred to this new entity. In my husband application this time, do I need to provide a new contract of employment etc? Thank you


I think you need to state that on your personal letter. However, if you can get your hands on a new employment contract it will be okay.

I think Nyclon and Joppa will be in a strong position to advice you. Am sort of naive and have the tendency to assume lol. I did not provide any letter of employment with mine because HMRC checks should tell them but I might be wrong. 

I d suggest you go strictly with their rules as ever case is treated differently.


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## Fatou21 (Oct 3, 2015)

Riana21 said:


> Fatou21 said:
> 
> 
> > It's better to use a solicitor in some cases. I did.
> ...


Yes, my solicitor completed my wifes application. I guess if they ask any questions, they could ask us or are solicitor.


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## Riana21 (Oct 19, 2015)

Marxoo said:


> I think you need to state that on your personal letter. However, if you can get your hands on a new employment contract it will be okay.
> 
> I think Nyclon and Joppa will be in a strong position to advice you. Am sort of naive and have the tendency to assume lol. I did not provide any letter of employment with mine because HMRC checks should tell them but I might be wrong.
> 
> I d suggest you go strictly with their rules as ever case is treated differently.


Thank you. I am getting confused last night apparently there is another website saying Philippines also need TB Certificate. The question is my husband working in Saudi and applying from Saudi. Does he still need TB certificate because his from the Philippines.
To work in Saudi you must complete and pass the medical tests which he did.


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## Riana21 (Oct 19, 2015)

Fatou21 said:


> Yes, my solicitor completed my wifes application. I guess if they ask any questions, they could ask us or are solicitor.


Thank you. Did your solicitor send by posts the documents she need in her application for submitting to Embassy? Did the solicitor wrote a letter? You as sponsor, do you still to write a supporting letter because I may have to do another one again? Thank you


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