# Appeal question



## crazyboyvx (Dec 18, 2012)

*spouse visa refused ... i need help*

Hello 

i got my visa refusal yesterday and i am not convinced of the reasons i attached the refusal of entry clearance , i provided them the following documents : 

1- letter from her work state that she is working for them since 11 years and her job is permanent and her gross annual salary is 26400 sterling pound , the letter is signed by the HR senior manager . 

2- 6 months original salary slips 

3- P 60 

how come he refused it and said we did not offer specific evidence or her income and employment. 

for the accommodation i provided the followings : 
1- Mortgage annual statement 

2- copy of the title deed 

3- letter from the mortgage company 

4- last utility bill 

he also refused us and said we did not offer evidence of accommodation 

the last reason he doubt that we have genuine relation , i offered emails and skype chat record and receipt of valentine gifts , in the past we were using msn so before marriage i do not have records , we did not know about u must show records .

PLEASE I NEED YOUR HELP , I AM LOST AND TIRED


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## crazyboyvx (Dec 18, 2012)

i got refusal for spouse visa and i will appeal soon , i will appeal online and pay the fees online i have few question : 

when u send the documents to the 1 Tier Tribunal room do we must send all documents ? or just documents to show reverse the reasons u been refused depending on them ?? 


isn,t there an urgent appeal ? my wife is sick and i need to be with her asap 


Thanks in advance


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## cc9 (Oct 29, 2012)

The appeal process is a complicated one. My husband and I are currently waiting for a tribunal hearing. We have legal representation and I believe we would have struggled through this process without it. 
Although the reasons for our appeal are extremely complex and yours may well be of a more straight forward nature.
Possibly if u tell us more about the reasons for refusal we may be able to guide you in some way as to what documents will be appropriate to send.

Good luck this must be a difficult time for you and your wife


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## AmyD (Jan 12, 2013)

What exactly does the refusal say?

You need to supply her contract and bank statements.

As for accommodation, who else is living there? It sounds like he thought there was risk of overcrowding.

Obviously you must show records of your relationship for the whole period of the relationship.


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## crazyboyvx (Dec 18, 2012)

cc9 said:


> The appeal process is a complicated one. My husband and I are currently waiting for a tribunal hearing. We have legal representation and I believe we would have struggled through this process without it.
> Although the reasons for our appeal are extremely complex and yours may well be of a more straight forward nature.
> Possibly if u tell us more about the reasons for refusal we may be able to guide you in some way as to what documents will be appropriate to send.
> 
> Good luck this must be a difficult time for you and your wife


Thanks so much for your reply i attached the refusal decision with this reply


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## cc9 (Oct 29, 2012)

It's impossible to read the refusal letter you have attached, you would be better to type it out omitting personal details


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## crazyboyvx (Dec 18, 2012)

The refusal decision .


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## AmyD (Jan 12, 2013)

Nobody can read that. It is tiny. Write out the refusal, omitting your name.


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## cc9 (Oct 29, 2012)

Sorry I am unable to read the attachment, type it out on this thread and we will try to help you x


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## crazyboyvx (Dec 18, 2012)

Your Application 

You have applied for an entry clearance as a partner under Appendix FM of the lmmigration Rules. 
I have considered your application under Paragraph EC-P.1.1 of Appendix FM of the United 
Kingdom lmmigration Rules. You can read these rules at: 
www.ukba.homeoffice.qov.uk/policvandlaw/immisrationlaMimmigrationrules/ 

The Decision 

Your sponsor is not exempt from the financial as defined requirements paragraph E-ECP,3.3.


In order to meet the financial requirements 
of the Rules your sponsor needs a a gross income of at least 18,600 per annum.

.You have failed to provide all of the specified documents as 
evidence of your sponsor,s employment and income. These documents are specified in 
lmmigration 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 lmmigration (E-ECP.3.1). 



You have not provided satisfactory evidence in respect of the accommodation that you propose 
to occupy. You have failed to provide satisfactory evidence to show that there are sufficient 
rooms in the property for you and your sponsor as required under UK housing legislation. 
Therefore I am not satisfied that there will be adequate accommodation for you and your 
sponsor.I therefore refuse your application under paragraph EC-P.1.1(d)of Appendix FM of the 
lmmigration 
Rules.(E-ECP.3.1 



You state that you have been married to your sponsor for 8 months and that they currently 
reside in the United Kingdom ,and that you have resided in Lebanon for the last 8 months.You 
have provided little evidence of regular contact either prior to or since your marriage.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 Rules. & 2.f 0) 

FM of the lmmigration (E-ECP.2.6 

I have therefore refused your application because I am not satisfied, on the balance of probabilities, 
that you meet all of the requirements of the relevant Paragraph of the United Kingdom lmmigration
Rules. 



Your right of appeal


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## crazyboyvx (Dec 18, 2012)

Your Application 

You have applied for an entry clearance as a partner under Appendix FM of the lmmigration Rules. 
I have considered your application under Paragraph EC-P.1.1 of Appendix FM of the United 
Kingdom lmmigration Rules. You can read these rules at: 
www.ukba.homeoffice.qov.uk/policvandlaw/immisrationlaMimmigrationrules/ 

The Decision 

Your sponsor is not exempt from the financial as defined requirements paragraph E-ECP,3.3.


In order to meet the financial requirements 
of the Rules your sponsor needs a a gross income of at least 18,600 per annum.

.You have failed to provide all of the specified documents as 
evidence of your sponsor,s employment and income. These documents are specified in 
lmmigration 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 lmmigration (E-ECP.3.1). 



You have not provided satisfactory evidence in respect of the accommodation that you propose 
to occupy. You have failed to provide satisfactory evidence to show that there are sufficient 
rooms in the property for you and your sponsor as required under UK housing legislation. 
Therefore I am not satisfied that there will be adequate accommodation for you and your 
sponsor.I therefore refuse your application under paragraph EC-P.1.1(d)of Appendix FM of the 
lmmigration 
Rules.(E-ECP.3.1 



You state that you have been married to your sponsor for 8 months and that they currently 
reside in the United Kingdom ,and that you have resided in Lebanon for the last 8 months.You 
have provided little evidence of regular contact either prior to or since your marriage.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 Rules. & 2.f 0) 

FM of the lmmigration (E-ECP.2.6 

I have therefore refused your application because I am not satisfied, on the balance of probabilities, 
that you meet all of the requirements of the relevant Paragraph of the United Kingdom lmmigration
Rules. 



Your right of appeal


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## Harun (Jan 27, 2013)

You need a housing report done to say the property is in a living condition. Most letting/property agents do this for about £60.

Also are you sure that each of the 6 months payslips provided had £1,550 or above on them?
Since you supplied 6 means you applied under Cat A. What they do under Cat A is they take the gross profit of the lowest month and multiply it by 12 to give them a yearly figure. That's why no pay slip in Cat A should be below £1,550.

Also you didn't mention bank statements. They need to see that your Net Pay on your pay slip is actually going into your bank account. If you don't supply bank statements then how can you prove that you're actually earning money. Payslips on their own won't work sorry.


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## crazyboyvx (Dec 18, 2012)

Harun said:


> You need a housing report done to say the property is in a living condition. Most letting/property agents do this for about £60.
> 
> Also are you sure that each of the 6 months payslips provided had £1,550 or above on them?
> Since you supplied 6 means you applied under Cat A. What they do under Cat A is they take the gross profit of the lowest month and multiply it by 12 to give them a yearly figure. That's why no pay slip in Cat A should be below £1,550.
> ...


Thanks for your reply , i just have 1 question is the 1.550 is before the tax or after ??


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## crazyboyvx (Dec 18, 2012)

another question . in case of appeal do i need to send all the documents for spouse visa or only the documents which i have been refused depending on lack of them


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## Water Dragon (Jun 28, 2011)

This is a double post of his need to appeal. Others have replied on his other thread as well. Posting the same issue more than once can cause great confusion for everyone and isn't a good idea.

Good luck with getting to be with your wife as soon as possible.


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## cc9 (Oct 29, 2012)

From reading your refusal it looks as if you and your wife did not provide the appropriate supporting evidence.
Did u include your wife's bank statements?
Did your wife provide you with a sponsorship letter detailing facts regarding accommodation??
If you can send enough evidence an appeal may be successful however speaking from experience it is a long process and can take up to a year for a decision.
If you are able to re apply this may be a quicker solution. If you do reapply look at previous threads by other members which detail the supporting evidence you need to provide.

Good luck and let us know what you decide


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## crazyboyvx (Dec 18, 2012)

cc9 said:


> From reading your refusal it looks as if you and your wife did not provide the appropriate supporting evidence.
> Did u include your wife's bank statements?
> Did your wife provide you with a sponsorship letter detailing facts regarding accommodation??
> If you can send enough evidence an appeal may be successful however speaking from experience it is a long process and can take up to a year for a decision.
> ...


Thanks your reply . i included the bank statement but half of it where issued from the bank and half online ( that because of delay in submitting the application ) do u think that was the problem ? i also included a letter from bank state that my wife has a bank account since 1994 but i also noticed later that the account number is not mentioned in it . Frankly i do not know yet if i will reapply or appeal , i am kind of lost


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## cc9 (Oct 29, 2012)

Yes all 6 months bank statements need to be proper statements from your wife's bank.
If u decide to appeal be prepared for it to take a long time


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## crazyboyvx (Dec 18, 2012)

cc9 said:


> Yes all 6 months bank statements need to be proper statements from your wife's bank.
> If u decide to appeal be prepared for it to take a long time


I read somewhere that there is an urgent appeal , is that true ? who define if mine is urgent or not . what are the conditions of having it ?


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## cc9 (Oct 29, 2012)

I have not heard of anyone having their appeal quickly for urgent reasons but that doesn't mean it can't happen.


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## crazyboyvx (Dec 18, 2012)

cc9 said:


> I have not heard of anyone having their appeal quickly for urgent reasons but that doesn't mean it can't happen.


Thanks so much . i have another question if you can help me :

when i submit the appeal do i need to send all spouse visa documents to the court or just the ones i was refused depending on lack of them .? do i need to send originals or copies ? for example bank statement : do i need to send the same one in that time when i applied ? or new one cover new months ( 6 months because i am under category A) 

Thanks so much


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## Joppa (Sep 7, 2009)

Only additional documents, and copy only.


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## crazyboyvx (Dec 18, 2012)

Joppa said:


> Only additional documents, and copy only.



Thanks so much Joopa , please forgive me because i am so stressed so i will ask u more just to be so sure , he refused me for financial requirements and no proof of accommodation so now i have to send with appeal the proof that we met the financial requirements and proof we have adequate accommodation only so as i understand no need for documents like my English language certificate or birth certificate etc .... 


Thanks so much again


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## Joppa (Sep 7, 2009)

No. Only copies of missing documents need to be submitted.


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## Harun (Jan 27, 2013)

crazyboyvx said:


> Thanks for your reply , i just have 1 question is the 1.550 is before the tax or after ??


You must earn £1,550.00 or above a month *Gross* to apply under Cat A.

Gross = Before Tax
Net = What goes into your bank account


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## crazyboyvx (Dec 18, 2012)

I have a council tax which issued in 15 jan 2013 can i included it with the appeal documents ? or i need to issue new one ?


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## cc9 (Oct 29, 2012)

crazyboyvx said:


> I have a council tax which issued in 15 jan 2013 can i included it with the appeal documents ? or i need to issue new one ?


If you applied before 15th jan I'm not sure if it will be taken into consideration as it may be seen as new evidence


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## crazyboyvx (Dec 18, 2012)

cc9 said:


> If you applied before 15th jan I'm not sure if it will be taken into consideration as it may be seen as new evidence


I applied at 22 march 2013 and got refused my spouse visa at 2 of may


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## cc9 (Oct 29, 2012)

Then yes as it is dated before your application date I imagine you can include it as further evidence of your wife owning the house.


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## crazyboyvx (Dec 18, 2012)

Can i include in the appeal a new documents ? for example i submitted with the spouse visa a letter from employment can i include with the appeal new one from the same employment ( i mean issued new ) ? i found out i forgot to put the work contract , can i submit it now with the appeal documents ??


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## Joppa (Sep 7, 2009)

Only send documents which were available at the time of original application but you didn't include them. So contract, yes, new employment letter, no.


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## crazyboyvx (Dec 18, 2012)

Joppa said:


> Only send documents which were available at the time of original application but you didn't include them. So contract, yes, new employment letter, no.


Ok thanks , i also found i had a mistake in bank statement and the letter from the bank so we ordered new one , so as i understand from you the bank statement must cover that period when i applied , the same months not new since now and back correct me if i am wrong please ?


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## Joppa (Sep 7, 2009)

That's right. You've got the idea!


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## crazyboyvx (Dec 18, 2012)

I Also found that the bank letter were wrong because it has wrong format , so now can i include in the appeal a new bank letter with the right format ??

Forgive me for asking loads of question , but you know the level of stress and paranoia can a person face in my situation.


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## crazyboyvx (Dec 18, 2012)

With the spouse visa i submitted a photocopy of the title deed ( not certified copy ) so now with the appeal what should i put ? put it again or get new certified one from the mortgage company and include it with the appeal ???


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## cc9 (Oct 29, 2012)

Suppose if you can get a certified one from the mortgage company then include it


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## crazyboyvx (Dec 18, 2012)

I will appeal online very soon and i see this question in the appeal form :

A. Is your refusal a points based
system (PBS) decision?

what does that mean ?? help please


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## Joppa (Sep 7, 2009)

You are on family route, not PBS, so answer No.


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## crazyboyvx (Dec 18, 2012)

Joppa said:


> You are on family route, not PBS, so answer No.


yeah spouse visa . Thanks Joopa


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## crazyboyvx (Dec 18, 2012)

Hello 

i sent an email to local agency regarding making me a house reporting to support my appeal and they said they can do it but it costs 300 sterling pound !!!! i find that so expensive and not logical , do anyone know any agency charges logical prices near Oxford or Swindon ? please help me


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## cc9 (Oct 29, 2012)

Did you try your local council???


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## crazyboyvx (Dec 18, 2012)

i will try the local one , how much does it cost usually ?? how long does it take to do it ?


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## crazyboyvx (Dec 18, 2012)

do documents for appeal need to be certified copies or just photocopy( visa documents ) + the new documents which support the appeal ?


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## inthegarage (May 16, 2013)

*hope this helps*

Did you also include 6 months of bank satements? It is also recommended that you include photos of the residence and you have someone come to the house and approve you have enough space on paper.


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## crazyboyvx (Dec 18, 2012)

Hello 
people who have experience i need your help . which kind of appeal is better , oral or paper? my wife feel more comfortable with the paper version and expressing her ideas on papers , but i was worried if that will be a point of weakness in front of the judge , help me


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## Joppa (Sep 7, 2009)

If you go for in-person appeal, I strongly suggest you are legally represented. While it's not necessary, Home Office solicitor will be there to fight their corner vigorously.


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## crazyboyvx (Dec 18, 2012)

Joppa said:


> If you go for in-person appeal, I strongly suggest you are legally represented. While it's not necessary, Home Office solicitor will be there to fight their corner vigorously.


maybe that was the reason my wife wants the paper version , she does not know in legal issues and she feels more comfortable in writing than attending in person , she will write a letter explain everything and we will include it with the all documents . do u think that is a wise option ??


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## Joppa (Sep 7, 2009)

Perhaps. But appeal is such a technical area that uninitiated rarely come out tops. Remember the judge and Home Office solicitor are immigration specialists


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## crazyboyvx (Dec 18, 2012)

Ok thanks Joopa , we will discuss options for it . there is a question which always comes to my mind , imagine we submitted an appeal and later after few months before we get the result of it we decided to apply again , is that possible ???


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## Joppa (Sep 7, 2009)

Yes, but UKBA will ask why and it can reflect negatively on your application. So if you want to do that, withdraw your appeal first.


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