Help With Refused Settlement Visa

[r4b]

With due respect, r4b, you're not exactly clear on points of law either.

Don't waste time arguing the toss. Get a move on and get specialist help.

Up to you.

Yes this is true but the proof and the evidence is there clear to see on the refusal letter. the eco has quoted references and paragraphs fro the old appendex rules. The new do not have these Quotes and references or paragraphs. e c p 11 which he quotes is the old guidelines. Check yourself on the 2 guides old and new i have posted earlier in the thread. If you look and see i am wrong then i would appriciate to be corrected. many thanks for ur reply

[wooloomooloo]

If you're correct in your summation then what are you going to do about it, other than rant and waste time?

[r4b]

QUOTES FRO THE REFUSAL LETTER BELOW

financial requirements

your sponser is exempt from meeting the requrements of paragraph e
ecp.3.1 as he is in receipt of disability living allowance.in

ANOTHER QUOTE

.i therefore refuse you r aplication under paragraph e cp 1 1

BOTH ecp3.1 AND e cp 1 1 OUR NOT IN THE GUIDELINES AND CANNOT BE FOUND IN THE NEW RULES APPENDEX FM APRIL 2013,

HOWEVER THEY ARE IN THE OLD ONE DATED 9 JULY 2012

[r4b]

If you're correct in your summation then what are you going to do about it, other than rant and waste time?

ALLAS.. THIS IS THEY REASON WHY I AM HEAR TO ASK THE OPINIONS OF OTHERS WHAT THEY THINK I SHOULD DO. FIRSTLY FOR HELP TO RIGHT THE WRONG I FELT WHICH WAS AND WHAT CAN I DO TO FIX THE SITUATION AS QUICKLY AND EFFECTIVELY AS POSSIBLE.. MANY THANKS

[wooloomooloo]

No problem. Settle the appeal fee and employ sound immigration advice and you're both on your way.

[r4b]

No problem. Settle the appeal fee and employ sound immigration advice and you're both on your way.

Yes this will be 1 option but how long can appeal take ?. Can i send a letter directly to the ENTRY CLEARANCE MANAGER explaining everything i have found with the evidence along with returning my wifes application and passport and asking for an immediate review by himself. I have read of people doing this where they have also been wronged and they have had things sorted in a matter of a week or 2. Anyone know anything or hear about this route before.. thanks again

[Tony M]

No problem. Settle the appeal fee and employ sound immigration advice and you're both on your way.

Yes this will be 1 option but how long can appeal take ?. Can i send a letter directly to the ENTRY CLEARANCE MANAGER explaining everything i have found with the evidence along with returning my wifes application and passport and asking for an immediate review by himself. I have read of people doing this where they have also been wronged and they have had things sorted in a matter of a week or 2. Anyone know anything or hear about this route before.. thanks again

You can write to the ECM, via VFS, asking him to review the decision. But, the Embassy has 20 working days to reply, and that will take you way beyond the time limit you have to appeal. In my opinion you should appeal immediately. It will cost you 80 GBP or 140 GBP to appeal. The ECM is obliged to review the decision once the Embassy is notified that an appeal has been submitted, but that can be several weeks away. In the meantime you could still write to the Embassy asking for review.

One danger in asking for a review before you appeal is that the Embassy, if they agree that they have made any errors, can just issue a new refusal notice, having amended the reasons for refusal. But, once an appeal is submitted they cannot do that, and they must rely on the original refusal reasons.

The guidance says that benefits can be used to demonstrate income. The ECO says that they cannot. Maybe the ECO is working to some unpublished. or new, guidance. I have to say that I have never seen the wording used by the ECO before :

"however esa ,child tax credit, child benefit and hb are in come related benefits and as such are not premissible for inclusion in any financial year."

and I'm not even sure that I understand what he means by "in any financial year". I certainly know of cases where ESA has been used as evidence of income, and even the guidance uses child benefit as an example of income.

Regarding your comments that the ECO is using "old rules", I think you may be confusing "rules" with "guidance". Guidance is not law, and the ECO works to the law.

[r4b]

No problem. Settle the appeal fee and employ sound immigration advice and you're both on your way.

Yes this will be 1 option but how long can appeal take ?. Can i send a letter directly to the ENTRY CLEARANCE MANAGER explaining everything i have found with the evidence along with returning my wifes application and passport and asking for an immediate review by himself. I have read of people doing this where they have also been wronged and they have had things sorted in a matter of a week or 2. Anyone know anything or hear about this route before.. thanks again

You can write to the ECM, via VFS, asking him to review the decision. But, the Embassy has 20 working days to reply, and that will take you way beyond the time limit you have to appeal. In my opinion you should appeal immediately. It will cost you 80 GBP or 140 GBP to appeal. The ECM is obliged to review the decision once the Embassy is notified that an appeal has been submitted, but that can be several weeks away. In the meantime you could still write to the Embassy asking for review.

One danger in asking for a review before you appeal is that the Embassy, if they agree that they have made any errors, can just issue a new refusal notice, having amended the reasons for refusal. But, once an appeal is submitted they cannot do that, and they must rely on the original refusal reasons.

The guidance says that benefits can be used to demonstrate income. The ECO says that they cannot. Maybe the ECO is working to some unpublished. or new, guidance. I have to say that I have never seen the wording used by the ECO before :

"however esa ,child tax credit, child benefit and hb are in come related benefits and as such are not premissible for inclusion in any financial year."

and I'm not even sure that I understand what he means by "in any financial year". I certainly know of cases where ESA has been used as evidence of income, and even the guidance uses child benefit as an example of income.

Regarding your comments that the ECO is using "old rules", I think you may be confusing "rules" with "guidance". Guidance is not law, and the ECO works to the law.

After extensive research i have found that indeed the ukba has once again moved the goal posts and issued from 13 February 2014 a whole new set of immigration rules. They can be found here. https://www.gov.uk/government/collections/immigration-rules

Once again the British establishment have failed to deliver a basic human right !!. Thanks for all your help guys, For me it is back to my other options, ie surinder singh, EEA visa, get myself an irish passport (being from n.ireland i can have both, british and irish). I hope all my information provided and if errors maybe can assist someone with help to questions they have. Goodluck to whoever is in the same boat.

[howerde]

I'm afraid the goal posts have moved for surinder singh route, you would need to move to the republic of Ireland for 3 months, and they are using guidelines that 'the centre of life has transferred, which means having to take kids if i read correctly. There was a post from Tony M a few days ago about this,, good luck i hope you will be together with uour wife soon

[Tony M]

With respect, I think you may be confused. There were no new rules introduced in February this year. I'm not sure why you think the rules have changed. As I said earlier, maybe you are confusing "rules" with "guidance".

You still have the option of an appeal if you believe that the ECO has made a wrong decision, or that your human rights have been abused by the decision. However, I would advise you to use a suitably qualified solicitor or immigration advisor if you want to present an appeal that stands a chance of being allowed.

[r4b]

I'm afraid the goal posts have moved for surinder singh route, you would need to move to the republic of Ireland for 3 months, and they are using guidelines that 'the centre of life has transferred, which means having to take kids if i read correctly. There was a post from Tony M a few days ago about this,, good luck i hope you will be together with uour wife soon

Thanks for you reply. Oh dear, it seems you have to be rich and non disabled to have a wife be with you in the uk. It beggars belief how so many changes to the rules can happen of a short period of time and how it seems the British government are set against the idea of the poor Britsh people having and bringing their wife/children to the uk. From my now understanding the disabled/not so fortunate people of the UK have once again been failed by a British state run by Etons Elite.

[7by7]

It beggars belief how so many changes to the rules can happen of a short period of time

As Tony M says, you again seem to be confusing rules with guidance.

You do seem to be in a state of anger; which is understandable in the circumstances. To be frank, you need to calm down, stop ranting on the internet and start focusing on the object in hand, getting the refusal overturned, rationally rather than emotionally.

I recommend getting some professional advice as a matter of urgency; remember the notice of appeal must be submitted within 28 days of the refusal!

Many immigration solicitors and level 3 OISC advisors will give you an initial consultation and assessment free of charge; which will at least give you a clearer picture of the way forward.

Alternatively, there is always your local CAB; but the risk with them is that you may not get a qualified/experienced enough person dealing with you.

Whoever you seek advice from, they will want to see a copy of the actual refusal notice, so tell your wife to visit her nearest internet café so she can scan it and email it to you.

Edited March 28, 2014 by 7by7

[r4b]

It beggars belief how so many changes to the rules can happen of a short period of time

As Tony M says, you again seem to be confusing rules with guidance.

You do seem to be in a state of anger; which is understandable in the circumstances. To be frank, you need to calm down, stop ranting on the internet and start focusing on the object in hand, getting the refusal overturned, rationally rather than emotionally.

I recommend getting some professional advice as a matter of urgency; remember the notice of appeal must be submitted within 28 days of the refusal!

Many immigration solicitors and level 3 OISC advisors will give you an initial consultation and assessment free of charge; which will at least give you a clearer picture of the way forward.

Alternatively, there is always your local CAB; but the risk with them is that you may not get a qualified/experienced enough person dealing with you.

Whoever you seek advice from, they will want to see a copy of the actual refusal notice, so tell your wife to visit her nearest internet café so she can scan it and email it to you.

Hi, thanks for your reply. I have spoken to the law centre NI and also i will have an appointment with an immigration lawyer next week. Yes frustration and anger is just about correct. When the goal posts get changed as often as they seem to be and for them to clearly discriminate against the less fortunate it makes me feel just a little pissed off. The thing being that in one appendex it says benefits can be used and in other it says it cannot.. Both i add still on the UKBA website. How does that work out. I dont know, but then does anyone ?.