# Fiance Visa Refusal Appeal



## jdo (Aug 11, 2014)

Hey guys- recently my fiance visa was refused. In short, they listed 4 reasons: First they said that there is a conflict with our relationship as I state I have been acquainted with my fiance since I was 13 but our relationship began in 2013. I am puzzled by this because it's true... but they say I need to supply more documentation in conversations. Second I failed to provide a deed to the house my fiance owns. (A foolish oversight by me but an easy fix). Third I did not provide any wedding evidence, only our plan. I just find it so obnoxious because how can you possibly plan a wedding and put down deposits for things like venues when we don't even know how long of a process this would be? And fourth I did not supply 6 months of pay stubs or bank statements of my fiance/sponsor. (Only the yearly salary statements).

Clearly I was just careless in my approach to this process. Lesson learned. All of these things are far from deal breakers for us. We will provide a books worth of correspondence via letters and social media and emails. We will provide a copy of his deed. We will provide the financial documents easily and we will book and reserve a venue. I could also provide a receipt of his wedding band if I have to. 


I would love any and all feedback about the appeal process. We are going the appeal route knowing the time it could take for financial reasons and we have no issue spending extra time to plan things out. I would like feedback about the general process- my understanding is the first step for an appeal is another ECO who could simply overrule the refusal before even sending It off to appeal. Is this true? 

Second, I don't need to send in my passport for the appeal, correct? If they decide in our favor at any step I believe they would have me send it in to them within a timeframe?

And third would you advise sending all old documentation I provided instead of only the ones that they felt I was missing? 

Any other feedback or comments and suggestions would be greatly appreciated as well! Thank you


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## Colombia (Jun 9, 2014)

jdo said:


> Hey guys- recently my fiance visa was refused. In short, they listed 4 reasons: First they said that there is a conflict with our relationship as I state I have been acquainted with my fiance since I was 13 but our relationship began in 2013. I am puzzled by this because it's true... but they say I need to supply more documentation in conversations. Second I failed to provide a deed to the house my fiance owns. (A foolish oversight by me but an easy fix). Third I did not provide any wedding evidence, only our plan. I just find it so obnoxious because how can you possibly plan a wedding and put down deposits for things like venues when we don't even know how long of a process this would be? And fourth I did not supply 6 months of pay stubs or bank statements of my fiance/sponsor. (Only the yearly salary statements).
> 
> Clearly I was just careless in my approach to this process. Lesson learned. All of these things are far from deal breakers for us. We will provide a books worth of correspondence via letters and social media and emails. We will provide a copy of his deed. We will provide the financial documents easily and we will book and reserve a venue. I could also provide a receipt of his wedding band if I have to.
> 
> ...


Since you have decided to appeal for financial reasons, these are my suggestions:

1. You do not need to send in your passport when you appeal. If they need it at anytime during the appeal, they will specifically request for it. If the ECM overturn the decision, they will contact you within 10 working days to submit your passport. If the Judge overturns it, HO will contact you after they have received a notice from the Judge to allow your appeal.

2. You do not need to send in all documents you originally used to support your application. Rather submit any document that is relevant and addresses the reasons of refusal. *Note*: not every new document can be submitted to support your appeal. 

https://www.gov.uk/government/publications/ecm-appeal-review-apl07/ecm-appeal-review-apl07

https://www.gov.uk/government/publications/appeal-procedures-apl01/appeal-procedures-apl01


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## jdo (Aug 11, 2014)

Do you mind if I ask what you mean by not every new document can't be submitted?


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## Colombia (Jun 9, 2014)

I meant that any new document or evidence you submit must relate to circumstances before or at the time of the decision. 
In your case, the deed, evidence of relationship and wedding are documents that were available to you at the time of the decision. So I think you can submit them.

The link gives examples of new documents or evidence that can be submitted.


Read APL7.5 Post decision evidence

https://www.gov.uk/government/publications/ecm-appeal-review-apl07/ecm-appeal-review-apl07

I hope this helps.


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## jdo (Aug 11, 2014)

It does, thank you. Any positive experiences out there with appeals?


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## Pallykin (Mar 30, 2014)

In cases where the ECO made a mistake, appeals have resulted in a decision being overturned. This normally happens at the administrative appeal stage, which is much sooner than the appeal before a judge, which can take up to a year.


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## Colombia (Jun 9, 2014)

The decision can be overturned whether there was a mistake or not. The first stage of the appeal is ECM review. At the ECM review, the decision can be overturned if you satisfactorily address the reasons for refusal. If not then ECM may uphold the decision and send the case (bundle) to the tribunal for a hearing date to be set. 

Administrative Appeal is used if you applied to work or study in the UK under a tier 1, 2, 4 or 5 visa. 

In 2005, I was refused visitor's visa. I appealed and it was overturned: I appealed in August 2005 and in March 2006 I had a call from the Embassy. But of course, the processes have changed now (UK change their immigration laws like Diapers). Now all appeals are sent to the Tribunal.


Less than a month ago (August 22, 2014), my settlement visa was refused because the ECO misunderstood what constitute a gross income. Anyhow, I appealed on August 25, 2014. I already have my appeal number: OA/XXXXX/2014. The process can be shorter if the ECM overturn the decision. But can be longer if ECM upholds the decision.


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## Pallykin (Mar 30, 2014)

Colombia said:


> Less than a month ago (August 22, 2014), my settlement visa was refused because the ECO misunderstood what constitute a gross income. Anyhow, I appealed on August 25, 2014. I already have my appeal number: OA/XXXXX/2014. The process can be shorter if the ECM overturn the decision. But can be longer if ECM upholds the decision.


So you don't know yet if your refusal will be overturned...


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## jdo (Aug 11, 2014)

How long does the second look from an ECO take before being sent to appeal?


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## Pallykin (Mar 30, 2014)

Many months to a year. You'll be given a date. At that point, you can decide if you want to wait for the appeal or reapply. Most people on here have reapplied.


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## jdo (Aug 11, 2014)

It can take up to a year for ECO reconsideration? I thought that if the ECO sends it to a judge for appeal without overturning the refusal it could take that long.


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## Colombia (Jun 9, 2014)

Reapplying is not always a panacea for refusals. It ultimately depends on the reasons of refusal. In my situation, the ECO said that because rental income is used to pay mortgage, it is not an income. But this interpretation is utterly wrong under their own rules and guidance. My reason for appealing is that rental income, regardless whatever is used for should be included in the calculations. 


Whether the ECM will overturn the decision or not is a matter of time. But I am confident that even if the decision is upheld, there is a great possibility that my appeal will be allowed. 

Like I said, the appeal process can either be short or long. It all depends on the outcome of the ECM. Within 4 months, you will know the outcome of the ECM review. If the ECM overturn the decision, then the appeal process is over and you will be asked to submit your passport. If the ECM uphold the decision, then you move to stage 2 of the appeal process: that is a hearing date is set according to dates available. 

I have seen cases of people who were refused in 2014 but had their hearing date set in September 2014. And there are cases where people were refused in 2013 and even 2012 but have their hearing date in September 2014. That even makes the entire appeal process unpredictable. We all go by estimation but nothing is guaranteed. 

See the Immigration and Asylum daily court lists http://www.tribunals.gov.uk/ImmigrationAsylum/DailyCourtLists/dailycourtlists.htm


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