# Spouse Visa Refused Today-Sponsor Residency



## USA2UK (Mar 6, 2013)

Hi everyone!

Just a warning, this is going to be long lane:

I appreciate everyone's posts on this website, it has been very helpful while waiting for my visa to be processed! At times, it did make me paranoid too, i have to admit 

I just received my documents and passport by courier today. It was strange that they just left it at the door without ringing the bell. I only knew it arrived because I was checking the tracking every half hour! 

I applied for a Spouse Settlement Visa by priority service. It was processed in Sheffield. Unfortunately it was refused, but I am planning to appeal immediately! The strange thing is that I am relieved because the application wasn't refused for any reason that I was expecting. Our relationship status, financial status, accommodation, and suitability entry clearance requirements were all approved  Oddly, this is the first time I've felt relaxed during this process because I am finally moving to the next step. I can't wait to go back to our home in UK!

My husband is an Irish citizen that was born and raised in London. He has lived there his whole life. It never occurred to me that he has to establish residency for the past 5 years since he does not hold a British passport. 

*Questions for appeal:*

1. I am planning to include the following documents covering the past 5-1/2 (to be safe) years: My husband's job offer letters, P60s, P45s, university transcripts, passport stamps/record of his travel, bank statements (show income and transactions within UK), mobile phone bills, payslips, and tenancy agreements. Is there anything else that you would recommend sending in?

2. I have to make copies of everything for appeal and no originals. It says the documents have to be A4, do I need to buy A4 paper for this? Or is USA Letter size sufficient?

3. We want to prove our case beyond a reasonable doubt so we won't have to wait for a court appeal. We looked in to applying for the EEA3 (Doc Supporting Permanent Residence), but that requires the same amount of evidence and can take 6 months in itself, time we definitely don't have. How should we explain any gaps between jobs and in between university and his first job after graduation?

4. Do I need to include anything from our original application again? (i.e. the tenancy agreement, payslips, bank statements, and latest employment contract) The refusal letter says we have established residency since July 2011. 

5. Part of the appeal form requires <4000 words explaining why we disagree with the decision. Do you recommend both my sponsor and I writing letters of support/introduction also? 

6. They request the refusal letter with the Appeal form. Do I send the original of this, or a copy?

Here is the refusal letter for reference:

_
Section E-ECP.2.1.B __requires that you are married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement. You are applying to settle in the UK as the spouse of [my husband], an Irish national. In support of your application you have provided your marriage certificate, a copy of your sponsor's Irish passport, your sponsor's employment contract confirming a start date of 04 July 2011, your sponsor's payslips and bank statements for the last 6 months and your sponsor's current tenancy agreement dated 01 October 2012. In view of this evidence, and additional evidence you have provided, I am satisfied that you are in a genuine relationship with your sponsor and that he is currently residing in the UK._ 

_However, the EEA guidance states that an EEA national can demonstrate that they have acquired permanent residence in the UK, either through possession of a Document Certifying Permanent Residence or through evidence that they have exercised Treaty Rights in the UK (i.e. worked, been self employed, self sufficient, or a student) for a continuous period of 5 years. I note that your sponsor does not hold a document certifying permanent residence in the UK; and in view of the documentation provided it is evident that your sponsor has only been residing and working in the UK since July 2011 (a total of 18 months). In view of this, I am not satisfied that your sponsor has exercised Treaty Rights in the UK (i.e. worked, been self employed, self sufficient, or a student) for a continuous period of 5 years. I am therefore not satisfied that you have demonstrated that your sponsor is present and settled in the UK. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. (E-ECP.2.1)_


*Thank you for reading this novel! looking forward to your posts!* :ranger:


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## Joppa (Sep 7, 2009)

I think you would have been approved if you had applied for EEA family permit instead of a spouse visa. As Irish national, he is exercisng treaty rights in UK by working, and that fact alone would have been enough to grant you family permit valid 6 months, and switch to residence card valid 5 years. There are no fees for any of this.

As it stands, in your appeal you need to send in evidence of 5-year residence as you have described, and I believe you stand a good chance, but nothing of course is guaranteed. Should your appeal fail, I suggest you reapply for EEA family permit.


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## USA2UK (Mar 6, 2013)

Thanks Joppa!!

That's what I thought originally, but I ended up following some bad advice. I wish I found this forum before I submitted my application!

Since we've already shelled out the $$ for a Visa, we are going to go forward with the appeal. I will definitely re-apply under the EEA family permit if the decision isn't overturned, though. 

Are the EEA family permit processing times similar to the Settlement Visa's?


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## Joppa (Sep 7, 2009)

Quicker. Around 2-3 weeks maximum. Some get it within a week.


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## USA2UK (Mar 6, 2013)

*OMG.* Now I wish I had a time machine...

I strongly urge all the applicants out there to Research, Research, Research!!!!


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## USA2UK (Mar 6, 2013)

*Help!*

I am reading more and more about the Appeals process. And it's not sounding too fun.

Since they don't allow appeals to go to the ECM anymore, only directly to the Tribunal..It looks like the minimum time frame it can take is 2-3 months. Has anyone been able to get a decision sooner (post 19 Dec 2011)?

Would it be a bad move to just apply for an EEA Family Permit now, instead of going through the appeal process? 



Thank you for your help!


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