# Settlement Visa Refused - Appeal or Re-apply?



## JoJo100 (Mar 6, 2015)

Hello Forum:

Today, I received my Refusal of Entry Clearance Notice. I was heartbroken. Now, I'm looking at re-applying or appealing the decision. I'm applying from the U.S., by the way.

A little background...I sent in my initial application on March 1, 2015. It was incomplete, so they requested I send more supporting docs via email. I sent the docs. I got an additional email on April 2 requesting financial info, a copy of my husband's passport and further proof of our relationship. They wanted the info by April 9. I sent it all (in three emails) on April 7 with the reference number they provided. Long story short, I was refused because they said they never received the supporting docs they asked for the second time. I am quite upset because it seems that my emails were overlooked or ignored...and the outcome would have been different had they just looked at what I sent.

Anyway, does anyone have experience with the appeal process? How long does it generally take? 

If I choose to re-apply, can I do that immediately? Will I need new Biometrics taken?

Sorry for the long message...and thank you in advance for any advice you may have.

Joanne


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## silken (Apr 2, 2015)

Just a quick question, when you replied to the e-mails to provide your evidence, did to change the subject line of the e-mails? As far as I know, if you change the subject line the e-mails aren't directed to the correct person and may not be received. 

Hopefully someone knowledgeable will be along soon to give you some advice.


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## JoJo100 (Mar 6, 2015)

Silken...I was just given a reference number to include in my replies. I included the reference number in the subject line of all three emails I sent back to the visa office. It just seems like they never received them--which is odd--because they seemed to receive the the first email I sent them when they requested additional info.


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## silken (Apr 2, 2015)

JoJo100 said:


> Silken...I was just given a reference number to include in my replies. I included the reference number in the subject line of all three emails I sent back to the visa office. It just seems like they never received them--which is odd--because they seemed to receive the the first email I sent them when they requested additional info.


I'm really sorry to hear your application was refused, especially since you know you sent them the information they asked for  I asked that question because the e-mails from UKVI often say 'please do not change the subject line of this e-mail' but if you were given a reference, I really wonder why your messages didn't get to the right place.

I'm not sure what to suggest so I'll leave that up to someone with more knowledge of appeals. Why was your application incomplete in the first place? It seems they asked for a lot of documents that should have been included in the first instance.


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## Joppa (Sep 7, 2009)

Make a complaint under https://www.gov.uk/contact-ukvi-outside-uk and resend your missing documents by scanning.


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## JoJo100 (Mar 6, 2015)

Joppa -- unfortunately, I can't complain because of a decision they have made. It states that in the complaint form. 

If I do re-apply, would I need new Biometrics taken?


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## Crawford (Jan 23, 2011)

Reading through earlier posts it seems you did not supply a whole host of documents: marriage certificate, letters of employment, 6 months of payslips, copy of husband's passport etc etc.

You realised this on March 1st when you had submitted your application. Subsequently, it appears, you had to change the category for which you were applying (you had applied under Cat A (?) but hubby had only worked since Feb 2015 so this was incorrect, and you then had to supply docs (12 months of financial info) for Cat B based on his working history in the US).

While you responded to the recent e-mails, the authorities said they had not received the necessary documents. Did you include *all* of these. How? As attachments to the e-mail?

If not, then your appeal most likely won't succeed, Re-applying, when you have all the necessary documents, would be advisable.


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## JoJo100 (Mar 6, 2015)

Crawford...thanks for the response. Yes, my application was incomplete. Per their request, I sent the financial Appendix form and my marriage certificate (which they received). They send a second request (for 6 months payslips, 6 months bank statements, my husband's passport and relationship proof) to be sent back to them via email by April 9. I sent ALL of the requested info and they stated in the refusal letter that they never received anything. It just seems like it was totally overlooked. Had the ECO received that info, I think I would have been granted a visa.


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## Crawford (Jan 23, 2011)

JoJo100 said:


> Crawford...thanks for the response. Yes, my application was incomplete. Per their request, I sent the financial Appendix form and my marriage certificate (which they received). They send a second request (for 6 months payslips, 6 months bank statements, my husband's passport and relationship proof) to be sent back to them via email by April 9. I sent ALL of the requested info and they stated in the refusal letter that they never received anything. It just seems like it was totally overlooked. Had the ECO received that info, I think I would have been granted a visa.


How did you send all this additional info?

In any case, I don't see how 6 months of payslips would have sufficed. Your husband could not apply under Cat A as he had only been working in the UK since Feb 2015.

Under Cat B you would have had to show proof of employment in the UK, PLUS 12 months of employment in the US. If you did not do this then the application was still incomplete.

Maybe if you tell us how your husband qualifies to sponsor you we can tell you what you need to include in your application.


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## JoJo100 (Mar 6, 2015)

Crawford...I sent all of the additional info via email -- as they requested. I put the reference number they provided in the subject line. As I understood it, I am applying under Category B -- which I indicated in the financial Appendix form. However, the ECO still asked for 6 months payslips and 6 months bank statements (which I found odd, since it was cat B) -- I provided the 6 months payslips and bank statements from his job in the U.S. and two months from his current job in the UK. 

So, my husband qualifies to sponsor me because he is making over £18,600 per year at his new job in the UK and he was making more than enough at his job in the U.S. 12 months prior to going to the UK. 

Can I re-apply immediately? Is there a waiting period from a refusal?


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## Crawford (Jan 23, 2011)

JoJo100 said:


> Crawford...I sent all of the additional info via email -- as they requested. I put the reference number they provided in the subject line. As I understood it, I am applying under Category B -- which I indicated in the financial Appendix form. However, the ECO still asked for 6 months payslips and 6 months bank statements (which I found odd, since it was cat B) -- I provided the 6 months payslips and bank statements from his job in the U.S. and two months from his current job in the UK.
> 
> So, my husband qualifies to sponsor me because he is making over £18,600 per year at his new job in the UK and he was making more than enough at his job in the U.S. 12 months prior to going to the UK.
> 
> Can I re-apply immediately? Is there a waiting period from a refusal?


Where you are applying under 5.3 i.e 

*5.3. Category B: Less than 6 months with current employer or
variable income – person residing in the UK *

You have to supply documentation showing your current employment in the UK and documentation showing your previous 12 months employment history. Hence the request for 6 months of payslips etc from his work history in the US.

Yes, you can re-apply immediately.

Here are some very useful documents giving all the necessary details:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf

https://www.gov.uk/government/uploa...06_immigration_rules_appendix_fm_se_final.pdf


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## JoJo100 (Mar 6, 2015)

Crawford...thanks for the info and links. I will make sure to send a complete application this time and run the checklist by the forum before re-sending.


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