Another Refused UK Visa Application Story

[tribalfusion001]

We picked up our application today, submitted on 15th February and refused on the 15th March! I thought I had a strong enough application, even though I currently enemployed, I was working until Christmas, but accounts showed £7500 in the bank and my parents offered to be 3rd party support with £14000 in the bank and 4 pensions between them. Refused that I didn't have a job in the UK and I didn't include what they pensions were, it seems that I didn't provide a clear enough picture of their finances, even though I supplied 6 months of bank accounts for them. I'm not very happy with these pen pushing UKBA retards!

[VisasPlus]

We picked up our application today, submitted on 15th February and refused on the 15th March! I thought I had a strong enough application, even though I currently enemployed, I was working until Christmas, but accounts showed £7500 in the bank and my parents offered to be 3rd party support with £14000 in the bank and 4 pensions between them. Refused that I didn't have a job in the UK and I didn't include what they pensions were, it seems that I didn't provide a clear enough picture of their finances, even though I supplied 6 months of bank accounts for them. I'm not very happy with these pen pushing UKBA retards!

This should really be the subject of a new post. Maybe 7x7 will start a post for you. You have to act fairly quickly on this for several reasons.

You have the right of appeal. You must appeal within 28 days, and pay the appeal fee ( either 80 GBP or 140 GBP). You must submit the evidence of your parents' ability to provide the 3rd party support with your appeal. It can be submitted, and considered, as it is not new evidence.

Once the appeal has been submitted, and the fee paid, in the UK, the Embassy will be notified, and they will then have to review the decision along with the evidence you have provided for the appeal. If they are satisfied, then the decision will be overturned here in Thailand, and it will not go to appeal in the UK. They have a maximum of 12 weeks to review the decision here ( after receiving notice that you have appealed ).

Your other choice is to resubmit an application. But be aware that there may be changes to the requirements for spouses very soon, possibly in the next couple of weeks. One of those changes may be the end of 3rd party support, so you may have to qualify in your own right as a sponsor. This change may not happen, of course, but please be aware of the possibility. The UKBA, operating as it does, will introduce any changes with very little time for applicants to react.

[tribalfusion001]

We picked up our application today, submitted on 15th February and refused on the 15th March! I thought I had a strong enough application, even though I currently enemployed, I was working until Christmas, but accounts showed £7500 in the bank and my parents offered to be 3rd party support with £14000 in the bank and 4 pensions between them. Refused that I didn't have a job in the UK and I didn't include what they pensions were, it seems that I didn't provide a clear enough picture of their finances, even though I supplied 6 months of bank accounts for them. I'm not very happy with these pen pushing UKBA retards!

This should really be the subject of a new post. Maybe 7x7 will start a post for you. You have to act fairly quickly on this for several reasons.

You have the right of appeal. You must appeal within 28 days, and pay the appeal fee ( either 80 GBP or 140 GBP). You must submit the evidence of your parents' ability to provide the 3rd party support with your appeal. It can be submitted, and considered, as it is not new evidence.

Once the appeal has been submitted, and the fee paid, in the UK, the Embassy will be notified, and they will then have to review the decision along with the evidence you have provided for the appeal. If they are satisfied, then the decision will be overturned here in Thailand, and it will not go to appeal in the UK. They have a maximum of 12 weeks to review the decision here ( after receiving notice that you have appealed ).

Your other choice is to resubmit an application. But be aware that there may be changes to the requirements for spouses very soon, possibly in the next couple of weeks. One of those changes may be the end of 3rd party support, so you may have to qualify in your own right as a sponsor. This change may not happen, of course, but please be aware of the possibility. The UKBA, operating as it does, will introduce any changes with very little time for applicants to react.

I'm aware of the proposed changes and that is why I submitted the application in February. My Dad is going to appeal, my wife gave full authority for me and my parents to act on her behalf, my dad is a retired chartered town planner and has gone to court many times for local councils and won many of his cases. He is currently gathering all of the relevant info needed and will email me back shortly.

[VisasPlus]

We picked up our application today, submitted on 15th February and refused on the 15th March! I thought I had a strong enough application, even though I currently enemployed, I was working until Christmas, but accounts showed £7500 in the bank and my parents offered to be 3rd party support with £14000 in the bank and 4 pensions between them. Refused that I didn't have a job in the UK and I didn't include what they pensions were, it seems that I didn't provide a clear enough picture of their finances, even though I supplied 6 months of bank accounts for them. I'm not very happy with these pen pushing UKBA retards!

This should really be the subject of a new post. Maybe 7x7 will start a post for you. You have to act fairly quickly on this for several reasons.

You have the right of appeal. You must appeal within 28 days, and pay the appeal fee ( either 80 GBP or 140 GBP). You must submit the evidence of your parents' ability to provide the 3rd party support with your appeal. It can be submitted, and considered, as it is not new evidence.

Once the appeal has been submitted, and the fee paid, in the UK, the Embassy will be notified, and they will then have to review the decision along with the evidence you have provided for the appeal. If they are satisfied, then the decision will be overturned here in Thailand, and it will not go to appeal in the UK. They have a maximum of 12 weeks to review the decision here ( after receiving notice that you have appealed ).

Your other choice is to resubmit an application. But be aware that there may be changes to the requirements for spouses very soon, possibly in the next couple of weeks. One of those changes may be the end of 3rd party support, so you may have to qualify in your own right as a sponsor. This change may not happen, of course, but please be aware of the possibility. The UKBA, operating as it does, will introduce any changes with very little time for applicants to react.

I'm aware of the proposed changes and that is why I submitted the application in February. My Dad is going to appeal, my wife gave full authority for me and my parents to act on her behalf, my dad is a retired chartered town planner and has gone to court many times for local councils and won many of his cases. He is currently gathering all of the relevant info needed and will email me back shortly.

That sounds good. If your father has the evidence of pensions, etc, and it is submitted with the appeal, then I think you have a good chance of getting the decision overturned. It will mean a delay of up to 3/4 months though while they do the ECM review at the Embassy in Bangkok. Unfortunately, because of the newly introduced charges for appeals, you will not get the appeal fee back if they overturn the decision in Bangkok. But, if it goes to appeal, and you win, then the Immigration Judge can award the costs of the appeal against UKBA ( only the appeal fee ). It is, therefore, likely that the decision would be overturned ( if the evidence you provide is good) in Bangkok as the UKBA will not want any costs awarded against them at appeal.

[tribalfusion001]

We picked up our application today, submitted on 15th February and refused on the 15th March! I thought I had a strong enough application, even though I currently enemployed, I was working until Christmas, but accounts showed £7500 in the bank and my parents offered to be 3rd party support with £14000 in the bank and 4 pensions between them. Refused that I didn't have a job in the UK and I didn't include what they pensions were, it seems that I didn't provide a clear enough picture of their finances, even though I supplied 6 months of bank accounts for them. I'm not very happy with these pen pushing UKBA retards!

This should really be the subject of a new post. Maybe 7x7 will start a post for you. You have to act fairly quickly on this for several reasons.

You have the right of appeal. You must appeal within 28 days, and pay the appeal fee ( either 80 GBP or 140 GBP). You must submit the evidence of your parents' ability to provide the 3rd party support with your appeal. It can be submitted, and considered, as it is not new evidence.

Once the appeal has been submitted, and the fee paid, in the UK, the Embassy will be notified, and they will then have to review the decision along with the evidence you have provided for the appeal. If they are satisfied, then the decision will be overturned here in Thailand, and it will not go to appeal in the UK. They have a maximum of 12 weeks to review the decision here ( after receiving notice that you have appealed ).

Your other choice is to resubmit an application. But be aware that there may be changes to the requirements for spouses very soon, possibly in the next couple of weeks. One of those changes may be the end of 3rd party support, so you may have to qualify in your own right as a sponsor. This change may not happen, of course, but please be aware of the possibility. The UKBA, operating as it does, will introduce any changes with very little time for applicants to react.

I'm aware of the proposed changes and that is why I submitted the application in February. My Dad is going to appeal, my wife gave full authority for me and my parents to act on her behalf, my dad is a retired chartered town planner and has gone to court many times for local councils and won many of his cases. He is currently gathering all of the relevant info needed and will email me back shortly.

That sounds good. If your father has the evidence of pensions, etc, and it is submitted with the appeal, then I think you have a good chance of getting the decision overturned. It will mean a delay of up to 3/4 months though while they do the ECM review at the Embassy in Bangkok. Unfortunately, because of the newly introduced charges for appeals, you will not get the appeal fee back if they overturn the decision in Bangkok. But, if it goes to appeal, and you win, then the Immigration Judge can award the costs of the appeal against UKBA ( only the appeal fee ). It is, therefore, likely that the decision would be overturned ( if the evidence you provide is good) in Bangkok as the UKBA will not want any costs awarded against them at appeal.

I'm currently in Thailand with my wife, I hoped that the application would be approved. I don't whether to stay here and look for work or go back to the UK and look for work, I have worked in Thailand before teaching and doing telesales, my wife has found a cooking job today and starts Monday.

I have sent my Dad the refusal letter via a scan and the appeal form via pdf, he is working on his finances, tax returns, pensions now and sending me a draft back, I noticed that you post an appeal online and will it be forwarded back to UKBA in Bangkok?

I don't really want to go back to the UK on my own, we have every day together since we met February 2011, here in Thailand and in the UK, my parents are both 79 and they enjoyed having my wife stay with them. We were in the UK for 5 months on a general visit, I even supplied a breakdown of the costs me and parents spent on her living costs and they were £235 per month including food, drink, clothes, mobile phone top ups.

I have spent a lot of time and money getting my wife a visa last year and coming back to Thailand to apply for this visa, this visa application and the trip to Thailand has cost about £3500 so far and I'm looking another 3 months of waiting!

Would she be able to apply for another general visit visa so that we can go back to the UK together and then I can look for work and hopefully secure employment whilst her appeal is being processed?

Frustrated and very annoyed farang in LoS.

Graham

[VisasPlus]

tribalfusion001

Firstly, the appeal can be done online, and the payment too. When it is submitted, details are then sent to Bangkok from the UK in order for the Embassy to start preparing the appeal papers. At the same time, an ECM review should be carried out. I have had many discussions with the Embassy about the time frame for the ECM review, as I believe it should be done quickly in order not to disadvantage genuine applicants. I think 3 months is too long to review these decisions. To be fair, the Embassy, although not agreeing that there is any urgency when reviewing refusal decisions, have told me that they hope to get the reviews done in less than 3 months ( depending on what resources they have available ). So, your review could be done fairly quickly, or it could take up to 3 months ( that is 3 months from when it is received in Bangkok . I think the time frame for getting it from the UK to Bangkok is up to a month, so you may be looking at a maximum of 4 months ).

Secondly, your wife can apply for a visit visa ( a general visit or a family visit) if she wants. But, the chances of getting it are very slim as the ECO is likely to argue that he has reason to believe that your wife wants to settle in the UK. There is no provision for an applicant to go to the UK to attend his/her own appeal, but, that said, if she qualifies for a visit then she might just get one. You could well be wasting your money, though.

Thirdly, you could go back to the UK and find work. However, I don't think that will help the appeal itself as that will likely be decided on the evidence you submitted with the application. A new job could be considered as new evidence, whereas proof of your parents finances will be considered as additional evidence ( it was put forward as support in the original application ). Asking for a new job to be taken into consideration is likely to need a new application altogether ( with a new fee !).

[tribalfusion001]

tribalfusion001

Firstly, the appeal can be done online, and the payment too. When it is submitted, details are then sent to Bangkok from the UK in order for the Embassy to start preparing the appeal papers. At the same time, an ECM review should be carried out. I have had many discussions with the Embassy about the time frame for the ECM review, as I believe it should be done quickly in order not to disadvantage genuine applicants. I think 3 months is too long to review these decisions. To be fair, the Embassy, although not agreeing that there is any urgency when reviewing refusal decisions, have told me that they hope to get the reviews done in less than 3 months ( depending on what resources they have available ). So, your review could be done fairly quickly, or it could take up to 3 months ( that is 3 months from when it is received in Bangkok . I think the time frame for getting it from the UK to Bangkok is up to a month, so you may be looking at a maximum of 4 months ).

Secondly, your wife can apply for a visit visa ( a general visit or a family visit) if she wants. But, the chances of getting it are very slim as the ECO is likely to argue that he has reason to believe that your wife wants to settle in the UK. There is no provision for an applicant to go to the UK to attend his/her own appeal, but, that said, if she qualifies for a visit then she might just get one. You could well be wasting your money, though.

Thirdly, you could go back to the UK and find work. However, I don't think that will help the appeal itself as that will likely be decided on the evidence you submitted with the application. A new job could be considered as new evidence, whereas proof of your parents finances will be considered as additional evidence ( it was put forward as support in the original application ). Asking for a new job to be taken into consideration is likely to need a new application altogether ( with a new fee !).

Are you based in Thailand or in the UK, it possible to have a chat and go over what I need to submit for an appeal, I not sure after reading the appeal form if I need to include everything from my apllication inc photos, letters, bank statements.

I feeling quite disillusioned with the whole process today and may head back to UK next week.

[VisasPlus]

tribalfusion001

Firstly, the appeal can be done online, and the payment too. When it is submitted, details are then sent to Bangkok from the UK in order for the Embassy to start preparing the appeal papers. At the same time, an ECM review should be carried out. I have had many discussions with the Embassy about the time frame for the ECM review, as I believe it should be done quickly in order not to disadvantage genuine applicants. I think 3 months is too long to review these decisions. To be fair, the Embassy, although not agreeing that there is any urgency when reviewing refusal decisions, have told me that they hope to get the reviews done in less than 3 months ( depending on what resources they have available ). So, your review could be done fairly quickly, or it could take up to 3 months ( that is 3 months from when it is received in Bangkok . I think the time frame for getting it from the UK to Bangkok is up to a month, so you may be looking at a maximum of 4 months ).

Secondly, your wife can apply for a visit visa ( a general visit or a family visit) if she wants. But, the chances of getting it are very slim as the ECO is likely to argue that he has reason to believe that your wife wants to settle in the UK. There is no provision for an applicant to go to the UK to attend his/her own appeal, but, that said, if she qualifies for a visit then she might just get one. You could well be wasting your money, though.

Thirdly, you could go back to the UK and find work. However, I don't think that will help the appeal itself as that will likely be decided on the evidence you submitted with the application. A new job could be considered as new evidence, whereas proof of your parents finances will be considered as additional evidence ( it was put forward as support in the original application ). Asking for a new job to be taken into consideration is likely to need a new application altogether ( with a new fee !).

Are you based in Thailand or in the UK, it possible to have a chat and go over what I need to submit for an appeal, I not sure after reading the appeal form if I need to include everything from my apllication inc photos, letters, bank statements.

I feeling quite disillusioned with the whole process today and may head back to UK next week.

tribalfusion001

Firstly, the appeal can be done online, and the payment too. When it is submitted, details are then sent to Bangkok from the UK in order for the Embassy to start preparing the appeal papers. At the same time, an ECM review should be carried out. I have had many discussions with the Embassy about the time frame for the ECM review, as I believe it should be done quickly in order not to disadvantage genuine applicants. I think 3 months is too long to review these decisions. To be fair, the Embassy, although not agreeing that there is any urgency when reviewing refusal decisions, have told me that they hope to get the reviews done in less than 3 months ( depending on what resources they have available ). So, your review could be done fairly quickly, or it could take up to 3 months ( that is 3 months from when it is received in Bangkok . I think the time frame for getting it from the UK to Bangkok is up to a month, so you may be looking at a maximum of 4 months ).

Secondly, your wife can apply for a visit visa ( a general visit or a family visit) if she wants. But, the chances of getting it are very slim as the ECO is likely to argue that he has reason to believe that your wife wants to settle in the UK. There is no provision for an applicant to go to the UK to attend his/her own appeal, but, that said, if she qualifies for a visit then she might just get one. You could well be wasting your money, though.

Thirdly, you could go back to the UK and find work. However, I don't think that will help the appeal itself as that will likely be decided on the evidence you submitted with the application. A new job could be considered as new evidence, whereas proof of your parents finances will be considered as additional evidence ( it was put forward as support in the original application ). Asking for a new job to be taken into consideration is likely to need a new application altogether ( with a new fee !).

Are you based in Thailand or in the UK, it possible to have a chat and go over what I need to submit for an appeal, I not sure after reading the appeal form if I need to include everything from my apllication inc photos, letters, bank statements.

I feeling quite disillusioned with the whole process today and may head back to UK next week.

We are based in Thailand. Our office number is on our website, and we are based in Jomtien. I would be happy to chat with you. If you are not able to come to our office ( it's best to make an appointment) then PM me, and I will give you my mobile number.

[tribalfusion001]

I've sent a pm to you, I'm off to get a scan of the refusal letter and some breakfast.

[Lite Beer]

I have moved this to it's own topic to avoid confusion with Boycie's topic.

[VisasPlus]

Posted A minute ago

tribalfusion001, on 38 minutes ago, said:

I'm in the process of either appealing, which could take up to 4 months or apply again, with the hefty visa fee. I have the required documents they require regarding my father's finances and 2 job offers, 1 for me and 1 for my wife. The job offer for my wife is dependant on a visa being granted and the work would be available as soon as she gets to the UK. Hopefully this should answer they concerns and visa should be granted.

A new application could take up to 3 months, although they are around 5/6 weeks at the moment. Since the information for the new application will be basically the same as the information for the appeal, then it is a matter of deciding which route you want to take. My own view ( but I am not in your position of wanting to be in the UK with your wife) is to appeal. It will cost 80 GBP as opposed to 810 GBP, and I think that there is a good chance that the refusal will be overturned at the ECM review. If, for any reason, your new application is refused, then you will have lost another 810 GBP. If you win the appeal, then hopefully the Immigration Judge will award costs against the UKBA, which means that you might get your appeal fee back.

Edited March 17, 2012 by VisasPlus

[tribalfusion001]

Posted A minute ago

tribalfusion001, on 38 minutes ago, said:

I'm in the process of either appealing, which could take up to 4 months or apply again, with the hefty visa fee. I have the required documents they require regarding my father's finances and 2 job offers, 1 for me and 1 for my wife. The job offer for my wife is dependant on a visa being granted and the work would be available as soon as she gets to the UK. Hopefully this should answer they concerns and visa should be granted.

A new application could take up to 3 months, although they are around 5/6 weeks at the moment. Since the information for the new application will be basically the same as the information for the appeal, then it is a matter of deciding which route you want to take. My own view ( but I am not in your position of wanting to be in the UK with your wife) is to appeal. It will cost 80 GBP as opposed to 810 GBP, and I think that there is a good chance that the refusal will be overturned at the ECM review. If, for any reason, your new application is refused, then you will have lost another 810 GBP. If you win the appeal, then hopefully the Immigration Judge will award costs against the UKBA, which means that you might get your appeal fee back.

I'm concerned that the job offers will classed as new information and having to rely on the addtional 3rd party support documents. This is why I'm thinking of applying again and addressing their concerns in a new application. Someone said that the ECM would contact a review if I emailed them, but I did this last year and the ECM said that they would not accept any new evidence.

[VisasPlus]

Posted A minute ago

tribalfusion001, on 38 minutes ago, said:

I'm in the process of either appealing, which could take up to 4 months or apply again, with the hefty visa fee. I have the required documents they require regarding my father's finances and 2 job offers, 1 for me and 1 for my wife. The job offer for my wife is dependant on a visa being granted and the work would be available as soon as she gets to the UK. Hopefully this should answer they concerns and visa should be granted.

A new application could take up to 3 months, although they are around 5/6 weeks at the moment. Since the information for the new application will be basically the same as the information for the appeal, then it is a matter of deciding which route you want to take. My own view ( but I am not in your position of wanting to be in the UK with your wife) is to appeal. It will cost 80 GBP as opposed to 810 GBP, and I think that there is a good chance that the refusal will be overturned at the ECM review. If, for any reason, your new application is refused, then you will have lost another 810 GBP. If you win the appeal, then hopefully the Immigration Judge will award costs against the UKBA, which means that you might get your appeal fee back.

I'm concerned that the job offers will classed as new information and having to rely on the addtional 3rd party support documents. This is why I'm thinking of applying again and addressing their concerns in a new application. Someone said that the ECM would contact a review if I emailed them, but I did this last year and the ECM said that they would not accept any new evidence.

It could depend on what you said in the first application. On the application form, where it asks if the applicant intends to work, what did you put ? If you answered yes, then her job offer could well be regarded as additional evidence ( IMHO), and not new evidence. It is matter of interpretation, and this is the guidance for ECOs:

APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from

case lawand s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review the ECM should only look at circumstances leading up to and including the date of refusal. An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence:

New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

Examples of new evidence

These are common examples and are not an exhaustive list.

• Unexpected increase in funds postdating the decision.
  
• Sponsor obtains new employment that was not engaged in / expected at the date of decision.
  
• An offer of accommodation which was not available at date of decision.
  
• A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
  

Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.

• A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
  
• Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
  
• Evidence of employment at the date of decision which was omitted from the original application.
  
• A birth certificate evidencing the relationship of parties which was not produced at the time of decision.
  
• 
  

As you can see, your own job offer would probably be considered as new evidence, and maybe your wife's too. However, an ECM, reviewing the case, should be aware that the IJ might determine in your favour ( taking all the evidence into account, including the 3rd party support), and, if common sense prevails, the ECM should overturn the decision.

However, the matter of 3rd party support seemed to be the only reason for the refusal. If you now have firm financial documentary evidence of sufficient 3rd party support -funds and accommodation, then that should overcome the refusal, with or without any job offers.

The decision to appeal or re-submit, is, of course, yours alone.

Edited March 17, 2012 by VisasPlus

[tribalfusion001]

Posted A minute ago

tribalfusion001, on 38 minutes ago, said:

I'm in the process of either appealing, which could take up to 4 months or apply again, with the hefty visa fee. I have the required documents they require regarding my father's finances and 2 job offers, 1 for me and 1 for my wife. The job offer for my wife is dependant on a visa being granted and the work would be available as soon as she gets to the UK. Hopefully this should answer they concerns and visa should be granted.

A new application could take up to 3 months, although they are around 5/6 weeks at the moment. Since the information for the new application will be basically the same as the information for the appeal, then it is a matter of deciding which route you want to take. My own view ( but I am not in your position of wanting to be in the UK with your wife) is to appeal. It will cost 80 GBP as opposed to 810 GBP, and I think that there is a good chance that the refusal will be overturned at the ECM review. If, for any reason, your new application is refused, then you will have lost another 810 GBP. If you win the appeal, then hopefully the Immigration Judge will award costs against the UKBA, which means that you might get your appeal fee back.

I'm concerned that the job offers will classed as new information and having to rely on the addtional 3rd party support documents. This is why I'm thinking of applying again and addressing their concerns in a new application. Someone said that the ECM would contact a review if I emailed them, but I did this last year and the ECM said that they would not accept any new evidence.

It could depend on what you said in the first application. On the application form, where it asks if the applicant intends to work, what did you put ? If you answered yes, then her job offer could well be regarded as additional evidence ( IMHO), and not new evidence. It is matter of interpretation, and this is the guidance for ECOs:

APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from

case lawand s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review the ECM should only look at circumstances leading up to and including the date of refusal. An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence:

New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

Examples of new evidence

These are common examples and are not an exhaustive list.

• Unexpected increase in funds postdating the decision.
  
• Sponsor obtains new employment that was not engaged in / expected at the date of decision.
  
• An offer of accommodation which was not available at date of decision.
  
• A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
  

Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.

• A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
  
• Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
  
• Evidence of employment at the date of decision which was omitted from the original application.
  
• A birth certificate evidencing the relationship of parties which was not produced at the time of decision.
  
• 
  

As you can see, your own job offer would probably be considered as new evidence, and maybe your wife's too. However, an ECM, reviewing the case, should be aware that the IJ might determine in your favour ( taking all the evidence into account, including the 3rd party support), and, if common sense prevails, the ECM should overturn the decision.

However, the matter of 3rd party support seemed to be the only reason for the refusal. If you now have firm financial documentary evidence of sufficient 3rd party support -funds and accommodation, then that should overcome the refusal, with or without any job offers.

The decision to appeal or re-submit, is, of course, yours alone.

I know, the decison is mine, quite a hard one to call. I did read your posts on the new appeal procedure last night and did see that one case was overturned in about 5 weeks

[tribalfusion001]

Posted A minute ago

tribalfusion001, on 38 minutes ago, said:

I'm in the process of either appealing, which could take up to 4 months or apply again, with the hefty visa fee. I have the required documents they require regarding my father's finances and 2 job offers, 1 for me and 1 for my wife. The job offer for my wife is dependant on a visa being granted and the work would be available as soon as she gets to the UK. Hopefully this should answer they concerns and visa should be granted.

A new application could take up to 3 months, although they are around 5/6 weeks at the moment. Since the information for the new application will be basically the same as the information for the appeal, then it is a matter of deciding which route you want to take. My own view ( but I am not in your position of wanting to be in the UK with your wife) is to appeal. It will cost 80 GBP as opposed to 810 GBP, and I think that there is a good chance that the refusal will be overturned at the ECM review. If, for any reason, your new application is refused, then you will have lost another 810 GBP. If you win the appeal, then hopefully the Immigration Judge will award costs against the UKBA, which means that you might get your appeal fee back.

I'm concerned that the job offers will classed as new information and having to rely on the addtional 3rd party support documents. This is why I'm thinking of applying again and addressing their concerns in a new application. Someone said that the ECM would contact a review if I emailed them, but I did this last year and the ECM said that they would not accept any new evidence.

It could depend on what you said in the first application. On the application form, where it asks if the applicant intends to work, what did you put ? If you answered yes, then her job offer could well be regarded as additional evidence ( IMHO), and not new evidence. It is matter of interpretation, and this is the guidance for ECOs:

APL7.5 Post decision evidence

The relevant date in entry clearance cases is the date of refusal. This is established from

case lawand s. 85(5) of NIAA 2002. Any material change in circumstance or evidence not reasonably foreseeable after the date of refusal should not be taken into account. In practice this means when conducting the review the ECM should only look at circumstances leading up to and including the date of refusal. An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence:

New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

Examples of new evidence

These are common examples and are not an exhaustive list.

• Unexpected increase in funds postdating the decision.
  
• Sponsor obtains new employment that was not engaged in / expected at the date of decision.
  
• An offer of accommodation which was not available at date of decision.
  
• A new sponsor appears in the grounds of appeal. This is not reasonably foreseeable.
  

Additional evidence:

If evidence relating to the initial application is submitted with the appeal this should be taken into account by the ECM. The most common instances of additional evidence will be documents that the appellant omitted to include with the application.

Examples of additional evidence

These are common examples and are not an exhaustive list.

• A bank statement issued after the date of decision that shows a satisfactory balance on or leading up to the date of decision.
  
• Satisfactory evidence of accommodation submitted by the sponsor relevant to the decision.
  
• Evidence of employment at the date of decision which was omitted from the original application.
  
• A birth certificate evidencing the relationship of parties which was not produced at the time of decision.
  
• 
  

As you can see, your own job offer would probably be considered as new evidence, and maybe your wife's too. However, an ECM, reviewing the case, should be aware that the IJ might determine in your favour ( taking all the evidence into account, including the 3rd party support), and, if common sense prevails, the ECM should overturn the decision.

However, the matter of 3rd party support seemed to be the only reason for the refusal. If you now have firm financial documentary evidence of sufficient 3rd party support -funds and accommodation, then that should overcome the refusal, with or without any job offers.

The decision to appeal or re-submit, is, of course, yours alone.

I know, the decison is mine, quite a hard one to call. I did read your posts on the new appeal procedure last night and did see that one case was overturned in about 5 weeks

I've had a chat with my wife and she wishes to apply again, we have firm job offers for her. She wants to help with the costs of the visa application and the sooner a visa is approved, the sooner she can earn money and cover the costs of applying again.