Do Australians MIND that they do not have a vote?

[slimsam]

I am asking this question on behalf of a friend of ours who has just had their Spouse Settlement Visa refused. The main grounds seemed to be lack of evidence of accomodation and earning.

This evidence has now been collected together. Can they send this to the ECO to now accept this evidence and reconsider ?

Especially as they did not mention requiring more evidence until the interview which was, of course two months after recieving the application.

The alternative would be to resubmit a new application and pay again, and then face another two months wait ?

[atlastaname]

Assuming it is a very recent refusal , yes you can always ask a ECO to reconsider . Put it in a covering letter giving details of the referance number of the applicant and their name and state that you now have evidence to address the refusal and see what they say. It is unlikely they would re-consider , especially if any length of time has passed between the refusal and the sending of the letter , but yes you can do that. Having said that they are under no obligation to reconsider , it was up to you to provide everything to start with .

You can also write to the ECM and ask him/her to reconsider.

If you are sure you have addressed every bit of the refusal notice then it may be just as easy to re-submit a new application , which does unfortunately mean paying again.

Just to complete the list of your options you can of course appeal, but given the time frames involved , this option would appear pointless and may cosdt you even more in the end than re-applying.

So to sum up, contact the ECO by letter or e-mail asking him/her to re-consider explaining why, write to the ECM or re-submit and pay again.

[the scouser]

The difficulty that you friend will face is that if this"new" evidence could have reasonably been presented with the original application, the ECM can point-blank refuse to address it.

However, if you believe the decision to refuse to be flawed and to have no basis in the immigration rules, it can be productive to write to UK Visas putting the case to them, and asking that they overturn the ECO's decision prior to any appeal.

Your friend's wife should also make sure she appeals. If she subsequently gets the visa either through representations or a second application, she can always withdraw it.

Cheers,

Scouse.

[slimsam]

Unfortunately 2 or 3 weeks have already passed since the refusal. Should I advise him to phone the British Embassy and speak with the ECM ?

He is suggesting going out there next week so can he ask to see the ECM to give him the evidence. Is this possible ? I said I suspect not but would ask you guys.

Unfortunately this guy does not use a computer and was not really clued up on what to do to make the visa application. His wife in Thailand used an agency which helped a little bit but obviously not enough !

[the scouser]

It is unlikely that the ECM will deign to see a mere sponsor, so, if that's the sole intention of your friend's trip, it would in all likelihood be a waste of money.

He still has 2 weeks in which to file the appeal papers, and lodging the appeal does not prevent his wife from making a subsequent application.

Scouse.