Help Needed - Refusal Recieved - Can I Appeal?

[BIGJIMMY]

Hello, this is behalf of a friend, his Mrs was turned down for a settlement visa for 2 years, no interview, no questions, straight refusal, I have the letter here and it mentions about appealing the decision?

This is what it says:

You have applied for entry clearance to the UK. However I am not satisfied, on the balance of probabilities that your application meets the requirements of paragraph 281, of HC395, and in particular:

That each of the parties intends to live permanently with each other as husband and wife.

They have been married for 2 years but he only made it official in November, so they don't believe they have been together all that time and what makes it worse is that he went through some agent who handled it all for him, can he appeal this decision and hand it more evidence AND if he were to wait 3 months and apply again - can they change the goalposts and raise another objection other then this one??

Hope that makes sense, hes an older fella with no computer know-how so im asking on his behalf.

Myself and the Mrs handed in our 'visit for marraige' visa application Thursday morning and are just waiting - fingers crossed of course.

Any help with my friends problem will be great.

Ta folks.

Jimmy

[GU22]

Yes he can appeal. Details of how to do so will have been given to his wife with the refusal notice.

See CHAPTER 27 - APPEALS

and Asylum and Immigration Tribunal

If they have been living together for 2 years but were refused because of lack of evidence showing a relationship then the application must have been very poor. Yet another cock up by an agent! Hope they didn't pay them too much.

There is no need to wait three months to re-apply. He can do so immediately. Indeed, this may be quicker as appeals can take 6 months plus to be decided. Although the first thing that will happen when he submits the appeal is that the case will be reviewed by a senior officer and, possibly, the refusal may be overturned. However, this decision can only be based upon the evidence submitted, and if that is lacking then the refusal will stand and the case will be sent to the AIT.

Whichever he decides to do, appeal or re-apply, he must produce evidence to refute every point made in the refusal notice.

[atlastaname]

That is NOT all the refusal letter says. It is not really possible to give you more than general advice , as GU22 has above, unless you post the full actual wording. Usually it becomes very clear where the problem is once the FULL refusal notice is posted. If you care to do that you will get much more specific advice

[BIGJIMMY]

Thanks for that folks, I think that my friend will just re-apply - BUT can you please let me know, if he were to re-apply with new evidence etc can they still refuse the visa for a different reason, i.e if he can prove the genuineness of the relationship but then they query something else??

Thanks

Jimmy

[Mahout Angrit]

Thanks for that folks, I think that my friend will just re-apply - BUT can you please let me know, if he were to re-apply with new evidence etc can they still refuse the visa for a different reason, i.e if he can prove the genuineness of the relationship but then they query something else??

They should have listed all the points in his application that they were unhappy about. When he re-applies, he must address ALL of the points mentioned in the refusal letter. Of course he must also satisfy yet again all the requirements for the application, including the ones that were accepted in his previous application. Treat it as a new application.

[GU22]

Exactly. He should provide the same evidence as before, plus evidence to refute all the reasons for the previous refusal.

Too much is better than not enough.

[the scouser]

Thanks for that folks, I think that my friend will just re-apply - BUT can you please let me know, if he were to re-apply with new evidence etc can they still refuse the visa for a different reason, i.e if he can prove the genuineness of the relationship but then they query something else??

Yes, they can. If, for example, an element of your friend's circumstances had changed since the last application, the ECO could conclude that this change means that his girlfriend no longer meets a particular requirement of the immigration rules. As others have said, its a matter of making sure that the application addresses the issues for the previous refusal and is otherwise watertight.

Scouse.

[BIGJIMMY]

Thanks again guys, my mate is really grateful, re the agent, my friend hasn't an idea how to use the internet etc, as I was away working etc he was recommended this agent who turned out to be useless. He will re-apply himself directly but this time with more evidence!! When he recieved the application back tere was some documents etc that were kept my The Embassy, will thaey keep them and will he be able to refer to them in the next application?

Regarding myself and my Mrs' visa, you may remember my circumstances, we applied for a 'visit for marraige' visa, I have lived in LOS of 4 years and recently started working offshore in the US etc, anyway we applied Thursday morning and silly me for assuming the tracking service actually meant just that - it says the passport is now back with the VAC peeps, the Mrs called them to be told its ready for collection in a sealed bag etc - well we are currently in Koi Chang with friends and won't be able to get to the VAC place until Thursday - my swede is killing me - I think thats terrible, is that the same for all applications - refused or denied - AAARRRHHH??

Thanks

Jimmy

Edited February 26, 2007 by BIGJIMMY

[Mahout Angrit]

He will re-apply himself directly but this time with more evidence!! When he recieved the application back tere was some documents etc that were kept my The Embassy, will thaey keep them and will he be able to refer to them in the next application?

It's not clear what you mean here. They shouldn't have kept any original documents (perhaps the agent has 'lost' them). As already said he must treat the next application as if it was a new complete application and submit ALL the evidence and not rely on what the embassy may already have

Regarding myself and my Mrs' visa, you may remember my circumstances, - it says the passport is now back with the VAC peeps, the Mrs called them to be told its ready for collection in a sealed bag etc -

I think congratulations are in order.

[GU22]

I think thats terrible, is that the same for all applications - refused or denied - AAARRRHHH??

As the result of an application is confidential then yes, it is the same for everyone. Passports and the result are returned to the VAC in sealed bags, and the VAC staff have no knowledge of the result.

[BIGJIMMY]

The documents that were kept were letters from family, a UK docter all addressed to The Embassy so thinking about it thats why they kept them, sorry if I sound stupid but i'm getting bits of information and asking as I think of the questions for him.

Ta

Jimmy

[apeks1971]

Hello, this is behalf of a friend, his Mrs was turned down for a settlement visa for 2 years, no interview, no questions, straight refusal, I have the letter here and it mentions about appealing the decision?

This is what it says:

You have applied for entry clearance to the UK. However I am not satisfied, on the balance of probabilities that your application meets the requirements of paragraph 281, of HC395, and in particular:

That each of the parties intends to live permanently with each other as husband and wife.

They have been married for 2 years but he only made it official in November, so they don't believe they have been together all that time and what makes it worse is that he went through some agent who handled it all for him, can he appeal this decision and hand it more evidence AND if he were to wait 3 months and apply again - can they change the goalposts and raise another objection other then this one??

Hope that makes sense, hes an older fella with no computer know-how so im asking on his behalf.

Myself and the Mrs handed in our 'visit for marraige' visa application Thursday morning and are just waiting - fingers crossed of course.

Any help with my friends problem will be great.

Ta folks.

Jimmy

Hi Jim,the British Embassy can move the goal posts anytime they want and to be honest its all about money with them,i took them to the high court over wrong advice they gave me about getting a divorce to a thai national and they blocked it so it didnt go into court,3 years i was fighting it using my MP but was a complete waste of time,as for visa agents you got to remeber in Thailand you have no consumer rights and alot are out there just not doing the job they should be and pocketing poeples money,all i can say is forget these visa services,you can appeal but proberly the visa agent hasnt a clue how you do it,you need to write to appeal and the office is in Loughborough in Leiester UK but its not easy,once the decision is made not even Gordon Brown can change it,good luck

Paul

[mariner29]

You would need to post the full refusal , you have given everyone little or no information as to why they have been refused.

[Lite Beer]

The OP was over 2 years ago.

[Mossfinn]

The OP was over 2 years ago.

Absolutely, I even remember Big Jimmy posting, how sad is that?!! more importantly apeks must have gone back an inordinate amount of pages, why would he think it still current? Unless of course he has a bet on how many he can catch

Moss