# Spouse Visa Refused Wanting to appeal please help with the appeal.



## tosi1 (Oct 7, 2012)

As some of you know that my wife applied for spouse visa in January, and today we got the Refusal letter.


REFUSAL: 
Your sponsor ....... has been requested to give a written undertaking to be responsible fot you maintenance and accommodation ander paragraph 35 of the immigration rules, but has failed to do soi therefore refuse your application under paragraph ECP.1,1(c) of appendix FM of the immigration rules (SEC.2.4).




You have failed to provide satisfactory evidence that your sponsor is present and settlet in the uk or who is on the same occasion being admitted for settlement. You stated your sponsor is a british citizen however you have failed to provide any evidence to show that you sponsor is a british citizen as claimed. I am therefore not satisfied that you qualify under paragraph 281 (i)(a) of HC395.

As you maybe remember from my last post that i mentioned that my wife had forgoten to submit a copy of my british pasport, i think that one of the reasons of the refusal.


SO WE WANT TO GO WITH THE APPEAL, CAN SOMEONE PLEASE HELP AS WITH WHAT ARE THE STEPS THAT WE HAVE TO TAKE TO LODGE THE APPEAL? 



PLEASE HELP. 
THANKS IN ADVANCE.


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## Leanna (Oct 22, 2012)

tosi1 said:


> As some of you know that my wife applied for spouse visa in January, and today we got the Refusal letter.
> 
> 
> REFUSAL:
> ...


There's a couple reasons that I see why you were refused. It looks as though the ECO requested a written undertaking from your sponsor showing that they would be responsible for your maintenance and that you DID NOT provide this. 

Also, from what is written, it appears as though you did not provide any evidence regarding your sponsor's life in the UK. What did you provide? To prove that your sponsor is settled in the UK, things like a job, accommodation, bills, etc. are crucial. Did you not provide this?

And finally, yes, forgetting to send your sponsors proof of being a British National was a bid overlook. 

Instructions for appeal should be included in your refusal letter. Otherwise, visit the UKBA website here: UK Border Agency | APL01 - Appeal procedures and read through the process for lodging an appeal. Good luck.


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## tosi1 (Oct 7, 2012)

Hi leanna, and thanks for the repply.


Well i am the sponsor of my wife, and for what i know and what i can assure i have NOT been requested for a written statement, anyway i never got anything through the post.


Well to prove that i am a uk resident i provided council tax bills flat agreement work contract, payslips, bank statements, housing repert, but DID NOT provide a copy of bio passport of (SPONSOR)


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## Harun (Jan 27, 2013)

The passport copy is a BIGGIE! It will have your passport number on it and proof that you really are a British citizen.


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## tosi1 (Oct 7, 2012)

Harun said:


> The passport copy is a BIGGIE! It will have your passport number on it and proof that you really are a British citizen.


Yes i do accept the error with tha passport, but i don' agree with what they are saying that i have been asked for a written statement.


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## Harun (Jan 27, 2013)

I believe the written statement is the 'cover letter' which you must include at the start of your application documents. I heard it has to be one A4 size sheet with a manifesto how you are applying to sponsor your wife in the UK and the following documents are in support of it.

Cover letter is vital I think.


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## MacUK (Jul 3, 2012)

Yes, you were refused because you did not provide evidence that your stay and your status in the UK is legal e.g a British Passport _and _because you did not fill in and sign the Sponsorship Undertaking Form which is found in the UKBA website.
If you did not include a letter from yourself inviting your wife along with a statement that you will be responsible for her stay, and that you are able to support her and accommodate her without any recourse to public funds, then that is why they refused you.


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## tosi1 (Oct 7, 2012)

Harun said:


> I believe the written statement is the 'cover letter' which you must include at the start of your application documents. I heard it has to be one A4 size sheet with a manifesto how you are applying to sponsor your wife in the UK and the following documents are in support of it.
> 
> Cover letter is vital I think.


Thanks again Harun.

I would like to say that i have included a covering letter explaining our relationship and how i would sopport my wife when she gets here.

God knows of what the ECO was thinking when looking at the supporting docs...


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## tosi1 (Oct 7, 2012)

MacUK said:


> Yes, you were refused because you did not provide evidence that your stay and your status in the UK is legal e.g a British Passport _and _because you did not fill in and sign the Sponsorship Undertaking Form which is found in the UKBA website.
> If you did not include a letter from yourself inviting your wife along with a statement that you will be responsible for her stay, and that you are able to support her and accommodate her without any recourse to public funds, then that is why they refused you.


Thanks fir the repply MacUK.
So if i submit all the supporting documents and a copy of my passport along with the sponsorship undertaking form for the apeal is that enough or other evidence is required?

Thanks.


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## MacUK (Jul 3, 2012)

I'm not sure, so don't take only my word for it, but if the ECO named those reasons then you _must_ include the missing documents in your appeal.
I'd be inclined to wait for Joppa to reply. 
Don't worry you have a very good chance of winning!


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## tosi1 (Oct 7, 2012)

Ok i am planning to lodge the appeal by fax tomorrow, i will include the missing passport coppy and sponsorship undertaking form...
I am abit confused... do i have to fax all the supporting documents along with the appeal notice? 

Thanks.


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## ahidges (Mar 20, 2013)

I am
Quite surprised at the sponsorship undertaking form - I was advised that its for grandparents or depdants/relatives and not spouse visa SU form


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## mm2 (Apr 2, 2013)

ahidges said:


> I am
> Quite surprised at the sponsorship undertaking form - I was advised that its for grandparents or depdants/relatives and not spouse visa SU form


That was what I was advised too, but we included it to be on the safe side.


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## Leanna (Oct 22, 2012)

ahidges said:


> I am
> Quite surprised at the sponsorship undertaking form - I was advised that its for grandparents or depdants/relatives and not spouse visa SU form


We have seen a few ECO request the form, so generally it's better to be on the safe side and include it with your application.


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## stormystorms (Feb 19, 2013)

If I'm not mistaken, it's mostly in India where they request the undertaking form and refuse people if they don't give it to them. Something is wrong with the UKBA there as this undertaking form is for dependent relatives and not for a spouse visa! Why isn't the UKBA doing anything to prevent this? I find it unfair! I did not submit this form because I went to the VFS agency in Manila and specifically asked if this form was necessary – he said no.


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## Joppa (Sep 7, 2009)

It's the use of commercial visa agents screening applications that causes discrepancy in how rules are applied. Email the visa office (ECM) concerned under complaints/comments, and they may take action.


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## anglelovesea (Jan 8, 2013)

what is a sponsorship undertaking form and where can i find it? Thanks


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## abidabzhussain (Jan 24, 2013)

not sure about other countries. but in Pakistan the staff at the visa application centers check all the documents ( Gerry's FedEx) ... and if you are missing any document they will let you know. They will not accept the application until you tick all the boxes of checklist...

someone i know applied in January and he did not have _*sponsorship declaration*_n ... 
The staff at Pakistan Visa application Center told his partner they wouldn't accept the application till they have sponsorship declaration. ... ( they said ukba has advised them so)

He used a solicitor to draft n endorse the Sponsorship declaration for him and then he signed it _( it basically said , he is a British citizen by birth, and wants to sponsor his partner , and the details of accommodation arrangements in place for his partner , his employment details, savings , and that he will be responsible for the applicant if she is issued the visa.) _


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## MacUK (Jul 3, 2012)

There is already a sponsorship undertaking form on the ukba website I think it was SU07/12 or something like that. 
Some consulates request it, some not, it's better to include it, in my opinion.


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## ahidges (Mar 20, 2013)

Hi guys 


It is a bit confusing on what to include and then you wonder if you include too much? 

I have the option of a sponsorship declaration which my friend gave me (his wife's visa was approved) it stated both passport numbers, immigration status of sponsor, that you will maintains your spouse, where you work, and where you will live - which I have certified by Solictor. 

Then there's the SU07/12 - which can be googled as "sponsorship undertaking form" and found on ukba website.

After reading this thread I think I will include both as I am applying in delhi - wonder if this will be too much? 

Thanks guys


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## tosi1 (Oct 7, 2012)

ahidges said:


> Hi guys
> 
> 
> It is a bit confusing on what to include and then you wonder if you include too much?
> ...


Hi, just to let you know that I reapplied and included both one of mine and the SU form from the ukba website...
And another thing is what I am worried and I have asked in Joppa's thread is .... that I reaplied o the 21/03/2013 and the application was received from ukba on 03/04/2013, and on the new rules it says if you get paid in cash you should pay all the net amount after tax into the bank, my worry is that there was so e payments I didn't pay the full amount into my bank and I sometimes paid 2weeks into
My bank at the same time, so will my wifes application be considered under the new 04/3012 rules or will the ECO consider the over look the fact of the payments, as I did submit letter from my employer, payslips full times contact, I did use cat A.... ?


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## Joppa (Sep 7, 2009)

They consider under the old rules as you submitted it before 6th April. Old rules said it was expected that some of cash payment is to be deposited into your bank account. New rules made it tougher by saying that if you only pay in a proportion, only the actual net amount deposited will count.


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## tosi1 (Oct 7, 2012)

Joppa said:


> They consider under the old rules as you submitted it before 6th April. Old rules said it was expected that some of cash payment is to be deposited into your bank account. New rules made it tougher by saying that if you only pay in a proportion, only the actual net amount deposited will count.


Thanks Joppa for the reply. 
I just weren't sure about it.

Thanks again.


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## oluwanifemi (May 15, 2013)

tosi1..
i'm so sorry about ur spouse visa refused.... the ECO was right and i think you should go for appeal or do another application since you have every other documents with you.. but most importantly makesure your applicant include your british bio data page and the SPONSORSHIP UNDERTAKING FORM SU07/01... this undertaking form shall be made available to the department for work and pensions in the UK, who will take appropriate steps to recover from you the cost of any public funds paid to or in respect of the sponsored person named. 
Also the form consists your spouse details, your details, NI, and your address where your applicant will stay when spouse visa is been issued. you must sign and put a proper date.
pls, make correction and your spouse's visa is a done deal...wish you all the best...
cheers..


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