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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter-in-law has been refused her visa today from Pakistan

Customer Question

My daughter-in-law has been refused her visa today from Pakistan on the basis that my son does not earn enough to cover her an a child's costs. They do not have a child they have only been married four months they are both very upset what should we do there is no child shown in the paperwork either.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
What nationality is your son please?
Has his wife applied for a spouse visa?
Kind regards,
Tom
Customer: replied 1 year ago.

British

yes spouse

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I will be able to answer at 9 a.m.
Kind regards.
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you have completed the forms correctly and there is no dependent child listed in the application forms then this seems to be a clear home office error when considering the application.
This is to say that they have determined the application on the basis of clear error. I assume that apart from their incorrect understanding with regard to the non-existent child that you are otherwise eligible for a spouse visa.
The best thing to do in these circumstances, where there is a clear error, is to request an “administrative review” of the decision. This is different to an appeal. It is where a case officer reviews the form you have submitted to check that they have not made a mistake in interpreting the information from the form. Generally, you can only ask for an administrative review if you are in the UK but if you make the point earlier that it is a clear error I would hope that they would check immediately.
If there is a clear error by the case officer then they will reconsider the application after realising the error. If this is the only reason for a refusal then they will approve the application and your daughter in law will receive an approval and will subsequently then receive her spouse visa.
It really does seem like quite an extraordinary error, which means that it should be fairly easy to sort out.
If they do not change their decision by the time allotted for you to submit a notice of appeal then I would submit the notice of appeal within the time period allowed in the refusal letter. Send a covering letter with the notice of appeal stating the reasons why you are appealing (ie. manifest error by the case officer as to the child) and you will probably find that they check the file, realise the error and state that they are not disputing the appeal and will issue her with her visa.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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