Visa Refusal

[issanpaul]

Please help. My wife had her interview at the UK Embassy this morning for her settlement visa to UK. She was declined due to the fact that she did not have my divorce papers with her or our marriage certificate (both later located in her Hotel room). She returned to Embassy only to be turned away. She was given right of appeal information. What happens next? Can she return to Embassy or does she have to submit right of appeal?

[the scouser]

Paul,

Whatever happens, make sure you submit the appeal form. This can always be withdrawn at a later date.

Next, are you sure that these are the sole grounds for refusal? If so, write to the embassy enclosing the missing documents and request that the decision is reviewed. Should they decline to overturn the decision, you then either have to wait for the appeal, or submit another application.

All the best,

Scouse.

[issanpaul]

Paul,

Whatever happens, make sure you submit the appeal form. This can always be withdrawn at a later date.

Next, are you sure that these are the sole grounds for refusal? If so, write to the embassy enclosing the missing documents and request that the decision is reviewed. Should they decline to overturn the decision, you then either have to wait for the appeal, or submit another application.

All the best,

Scouse.

Thanks Scouse for your comments. Will put in appeal. Was only the documents that were missing. I did phone Embassy this morning (early) and was advised that my wife could return but nothing promised but I omiited to get name. When she returned, she was turned away by Reception. She will return tomorrow morning with appeal paper and all documents.

Once again many thanks.

[vinny]

Some receptionists are unfortunately inflexible. I would call again and get a name of an agreeable diplomat.

[the scouser]

If your wife was refused solely on the basis of the missing documents, then it is only reasonable that the embassy should give her the opportunity to present them. I would suggest that it would be nonsensical for the refusal to be maintained in such a situation. The subsequent appeal would be bound to succeed as the "missing" documents would be placed before the immigration judge, and it would be apparent that at the date of decision the relevant criteria of the immigration rules were fulfilled.

Scouse.

[atlastaname]

This case illustrates how a simple application can turn into a farce with both sides contributing to that farce.

It is almost unbelievable that your wife could leave anything concerning her application in her hotel room , let alone something as crucial as the two items you mention.

It is equally unbelievable that the BE would refuse SOLELY on the grounds of the missing documents when presumably she told them she had made a mistake (!) and left them in her hotel room. They could have said OK come back tomorrow with them otherwise its curtains , and not refused. Upon being told the full story the BE then very unhelpfully said she could appeal. Well you know that , that doesn't help you now does it ? I can understand their annoyance as they are very busy, but to refuse is stupid if that was the SOLE reason.

I would call the ECM immediately and ask if the missing items could be brought in. I wouldn't post them for now as its pointless if they won't reconsider. They will simply post them back. Plus they could get lost.

You could write to the BE but why not call? Its instant and you will get the same answer anyway and speaking to someone can often solve the problem better than a letter can.

I would call NOW... but really...what a cock-up all round.

[GU22]

It is equally unbelievable that the BE would refuse SOLELY on the grounds of the missing documents when presumably she told them she had made a mistake (!) and left them in her hotel room.

I'm afraid that they would have no choice. From DSPs Chapter 13 13.10 - Validity of marriages

In an application for entry clearance from a spouse, you must be satisfied that the parties are validly married to each other..........

Evidence of marriage

In most cases a marriage certificate will provide satisfactory evidence that a marriage has taken place.

An original certificate or properly certified copy should always be obtained unless there are very exceptional reasons why one cannot be produced.

I don't think "I forgot it" would be classed as "exceptional." I'm sorry, no marriage certificate = no evidence that the marriage has taken place = no spouse visa.

Atlastaname goes on to say

They could have said OK come back tomorrow with them otherwise its curtains , and not refused.

I agree 100% with this. Surely in these circumstances they could have told her to come back tomorrow with the missing documents?

But they didn't, so my advice is the same as Scouse; contact the ECM, explain the situation and ask if you can produce the documents and have the refusal overturned.

I know that it is the applicant's responsibility to ensure they provide all the necessary evidence, but surely it would be perverse not to overturn this decision. Any appeal would surely be granted.

NB All the above is said on the assumption that the missing documents are the only reason for the refusal.

[Ollie]

Well I hope I'm not tempting fate as my wife has her interview next week, but the VFS do a "pre-check" before accepting the application, it costs, but its very cheap. Surely they would have picked up that these documents were missing before accepting the application?

[GU22]

There are valid reasons for submitting the application without all the evidence. For example; in the case of a spouse visa the marriage may not yet have taken place. In which case a covering letter to say that the marriage will take place on date A and asking for an interview after this date would take the place of the marriage certificate.

Whether this was Issanpaul's situation is for him to say.

Whatever, the VAC cannot refuse to submit an application to the visa section, they can only advise against it if documents are missing or it is lacking in some other way. If the applicant insists then they must submit it.

The VAC check is covered by their standard service charge. If you paid extra to someone, then that someone was not from the VAC!

[Ollie]

The VAC check is covered by their standard service charge. If you paid extra to someone, then that someone was not from the VAC!

You're right - just a badly worded post by me!

[lespaul]

Well I hope I'm not tempting fate as my wife has her interview next week, but the VFS do a "pre-check" before accepting the application, it costs, but its very cheap. Surely they would have picked up that these documents were missing before accepting the application?

[/quo

I'm sure documents were handed into VFS as I never signed to say some documents missing. Good luck with your wife's interview.

[lespaul]

There are valid reasons for submitting the application without all the evidence. For example; in the case of a spouse visa the marriage may not yet have taken place. In which case a covering letter to say that the marriage will take place on date A and asking for an interview after this date would take the place of the marriage certificate.

Whether this was Issanpaul's situation is for him to say.

Whatever, the VAC cannot refuse to submit an application to the visa section, they can only advise against it if documents are missing or it is lacking in some other way. If the applicant insists then they must submit it.

The VAC check is covered by their standard service charge. If you paid extra to someone, then that someone was not from the VAC!

Many thanks for your & Scouse advice, we have submitted the appeal but I intend finishing off some urgent business here in the UK and flying back to Thailand and submitting a new application within the next month and see which Visa is accepted first. Thanks again.

[atlastaname]

If its accepted at all it will be the new application thats done first . Appeals are still quite slow and depend to a great extent on how quickly (or not ) the BE forward the papers onto the UK.