Uk Settlement Visa Refused.

[knortyboy]

Hello.

My wife has just had her settlement visa refused .

I don't know why yet as she's visiting her family and will not get back home to read the reason for refusal letter until Tuesday. Her friend took delivery of her documents and checked her passport but cannot read English to a high enough standard to explain the reason.

I'm just thinking ahead if an appeal is needed and see on the UKBA website that when an appeal is lodged, an ECM will review the decision to refuse the application in light of the notice of appeal and any supporting documents and if then satisfied that the application meets the immigration rules may overturn the original decision.

My question is, does this happen often and presumably this does not take anywhere near the 1 year timescale qouted?

[7by7]

How often a refusal is overturned in post after an appeal, I cannot say; but it does happen.

If you lodge the appeal with the embassy, they have a maximum of 16 weeks in which to prepare their papers and send them to the First-tier Tribunal (Immigration and Asylum Chamber). It is during this period that they will decide whether to overturn the refusal or not.

If you lodge the appeal directly with the FTTIAC then they will have to send everything to the embassy. The ECOs cannot reconsider the refusal until they receive the appeal papers. Once received, they have 19 weeks to return the papers back to the FTTIAC. Again, it is during this period that the decision whether to overturn the refusal or not will be made.

As can be seen, lodging the appeal with the embassy will speed the process up by at least three weeks. Remember that the appeal must be lodged within 28 days of the date of the refusal notice.

See Timescales (out of country appeals).

If you would like any comments or advice on the reason(s) for the refusal from members here, then we would need to know exactly what the refusal notice says (removing names and any other identifying info, of course).

If it does go all the way to a hearing, then you are strongly advised to obtain professional representation; either a level 2 or higher OISC adviser or a solicitor or other lawyer who specialises in immigration.

[ThaiVisaExpress]

Without looking at the GV51 with the reasons for refusal I cannot comment.

They seem to generally take 10 weeks plus and even go the full 16 weeks often.

If you require any professional help feel free to contact me I'm currently working at our Thai office.

[knortyboy]

Great news - Her visa was issued

She returned home today and checked her passport to find it contained her settlement visa. Her friend who took delivery of the documents from the courier company looked last week but couldn't see it She was looking for a small stamp the same as is issued upon arrival at immigration. I could of lived without the fews days of stress and worry but am too happy to be angry with her.

For anybody else applying or waiting recently the dates etc. are as follows.

Morning 11th February - Paper only application handed in at VAC. 35 -45 minutes wait.

Afternoon 11th February - SMS informing her of application forwarded to embassy.

Morning 12th March - SMS informing her that application had been processed.(21 days)

Afternoon 12th March - SMS informing her that passport passed to courier company.

Afternoon 15th March - Courier company deliver passport/supporting documents.

A very big thanks to everyone who took the time to answer all my questions and evrybody else on the forum, as reading other posts has help me a lot too.

[sumrit]

Congratulations Mr & Mrs Knortyboy.

I bet you've been racking you brains for the last few days trying to figure out what was wrong.

[knortyboy]

Congratulations Mr & Mrs Knortyboy.

I bet you've been racking you brains for the last few days trying to figure out what was wrong.

Thankyou and Yes I have.

It's caused me some sleepless nights thinking whether I had made a big mistake on the application form that would of excluded her from applying for 10 years, as I was so sure we had covered everything required.

[7by7]

Glad it's worked out OK.

One point, before anyone reading this starts to panic.

Being refused a visa, whether it's because of making a mistake in an application, not qualifying for the visa applied for etc. does not mean one will be 'banned' from applying again for 10 years.

For such a 'ban' to be put in place following a refusal there must have been intent to obtain a visa by deception.

Furthermore, this 'ban' would not apply to applications for settlement as a spouse, civil partner, fiance etc.

See the immigration rules, Paras 320(7A), (7B) & (7C).

[knortyboy]

7by7, thanks for that. I wish I had known that before.

What I was thinking was that if I made a mistake and the embassy beleived 'intent' to deceive how would/could I prove that it was a genuine mistake.