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Posted

Hi

We applied for my fiancés visa in October last year and the decision of refusal came on 5th November refusing on the financial requirements rule.

I appealed on the grounds that it was stated there were missing documents which I was unaware I had to send but I stated that had the Eco used the power of evidential flexibility this could have been resolved in a very short time.

I also pointed out that obviously my bank statements alone showed just over £21000 net which I stated must have not been looked at as this in 6 months is far in excess of the required £18600 gross.

However the appeal went in 1/12/15 and I received a letter from home office on 6/1/16 stating that the home office is withdrawing due to the original decision been incorrect.

My MP has been involved also.

Now what I don't know is how long before they will make a new decision

My MP called yesterday saying that the UK V &. I MP team had contacted him saying we would receive a letter soon asking for my fiancé to resubmit her passport to Bangkok

Here is the main question how long is soon ?

It seams when we appeal we are under tight timescales but they seem to be a law unto themselves.

I look forward to any responses

  • Like 1
Posted

With UKVI/Home Office there is an element of them being a power unto themselves. I suspect that they will want this dealt with ASAP. An MP may well not be able to change a decision correctly made within the rules but they do seem to concentrate the minds of those at the Home Office when a decision is dodgy!

Failure to make use of the limited flexibility the ECO has, is a disgrace. Perfectly valid applications fail because the paperwork is not 100% correct or an ECO (and bosses) have decided that a particular format is required when the rules do not dictate it! They are dealing with people in life changing situations who have forked out vast amounts of money. Applicants have a right to be treated fairly and receive help rather than obstruction when applications are processed. Anyone meeting the requirements should have a visa granted. Anyone not meeting them should be rejected but receive very clear reasons why the rejection has been made.

  • Like 2

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