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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 713
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My wife's spouse visa was rejected on the 05 October 2017

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Hello
My wife's spouse visa was rejected on the 05 October 2017 and only given an option to appeal due to having failed to provide the correct medical certificate from an approved clinic. met all the other requirements fine.
I would like to point out that initially when she submitted the application, we were unaware that the clinic where she received her certificate from was not valid; hence the submission was made without realisation. However, when we became aware of this error, my wife went to the correct clinic where she received the correct certificate. Immediately after, I contacted UKVI via email. They responded back to my email the next day stating to attach the certificate to the email which I did immediately. i have evidence of this email communication. I believe this was not taken into account with making the decision.I was advised by a solicitor to write to home office and attach the email evidence with the letter and kindly ask them to review the decision again so i wrote to the HOME OFFICE PO BOX 5852, SHEFFIELD, S11 0FX on the 10th of October asking them to reconsider.the decision again.One month later on the 10th of November i received my reconsideration letter and email evidence back from the home office, however without an acknowledgment letter. Currently I am left confused as I am not sure what this means.Does this sound like a good sign that they accepted my request or have they just ignored everything.It is now the 11th of december and i still have not heard anything.any advice would be helpfulThank youArfin

What does the reconsideration say?

Customer: replied 1 month ago.
Hi,
The reconsiderations asks them to kindly review their decision again as I am not happy to appeal. Do you want me to upload the letter here?
Customer: replied 1 month ago.
Hi, this is the reconsideration letter below that i sent to the home office in Sheffield.Dear Manager/Head of DepartmentRe: Settlement Visa Application review decision GWF045501811I am writing this letter in regards ***** ***** wife's visa settlement application which has been refused on 05/10/2017 (attached with this letter). I would very much appreciate if you can kindly review this decision again. Having received the reasons given for the refusal of this application, I am particularly confused and devastated as I believe I have met the entire requirements adequately. I will be highlighting how I have met these points in the following paragraphs.The reason provided for the refusal was due to suitability. This was in regards ***** ***** wife having failed to provide the correct medical certificate from an approved clinic. I would like to point out that initially when my wife submitted the application, we were unaware that the clinic where she received her certificate from was not valid; hence the submission was made without realisation. However, when we became aware of this error, my wife went to the correct clinic where she received the correct certificate. Immediately after, I contacted UKVI via email on the 19th of September 2017. They responded back to my email on 20/09/2017 stating to attach the certificate to the email which I did immediately the next day. I have provided evidence of this email and communication with this letter aswell as the copy of the medical certificate. I also have the original certificate if this is to be required. In light of this you can see that a valid medical report was provided within the time period before the decision had been made which was 05/10/2017. Please if you can go back to your records and see what happened to that email (email reference 182789-074047).From the above points, it is evident that all requirements have been sufficiently met to the best of my ability, however my application was still denied. I believe there was some misunderstanding or some documents were overlooked. On these grounds, I am not happy to make an appeal as this would be an issue as I have nothing new to present. Everything was presented with this application. On this basis, I believe that the outcome of this decision was unjust and unfair so I would sincerely ***** ***** you review this decision again. However should the decision remain the same, I would kindly request that the reasoning are to be elaborated on so I can make a successful appeal. I hope that you consider this letter and hope to hear from you at your earliest. You may write to me at my home address 87 Hughes house, London W1C 2NN or via email:***@******.***. I would like to thank you in advance for your time.Yours sincerely,Arfin Khan

Have you received a decision yet?

Customer: replied 1 month ago.
No I have not received a new decision after the reconsideration request. I have only received my letter of reconsideration back along with the evidence that I submitted to prove my point. However without an acknowledgement letter.That is why I am left confused.

I am confused. Have you received any decision?

Customer: replied 1 month ago.
Do you mean the original decision for the application or a decision after the reconsideration request?

I need to understand your situation better. Could you give a time line of events?

Customer: replied 1 month ago.
Settlement Visa Application Submitted: 28/07/2017
Decision made: 05/10/2017 (Refused)Sent a letter to home office asking for reconsideration and also sent evidence to why I believe a reconsideration can be made without an appeal on the 10/10/2017Received the reconsideration letter and evidence back from the home office by post on 10/11/2017 without an aknowledgement letter.Hope you understand
Customer: replied 1 month ago.
What is meant by receiving the reconsideration letter back from home office is I received the letter I wrote to them and evidence I sent them back from them by post not any decision from them or any letters from them. A timeline is written in the above post. Thanks

In the refusal does it say you can request a reconsideration or does it say you can appeal?

Customer: replied 1 month ago.
No it does not say in the refusal that I can ask for a reconsideration. They only gave me the option to appeal. I was advised by a solicitor to write a reconsideration letter to them.

So you cannot simply ask for reconsideration. So any reconsideration letter is ignored and has no legal force. A regulated immigration solicitor cannot have told you to write a letter for reconsideration when the only option is to appeal.

Customer: replied 1 month ago.
A well known solicitor that has been working for 30years + has told me to write the letter as it is one of home office errors.
I have also seen another solicitors on justanswer.co.uk advice a customers to do the same and it was successful. I have provided a link.
http://www.justanswer.co.uk/law/8mf2y-your-application-falls-refused-rules.html

If in your letter of refusal there is no option for a reconsideration, you CANNOT ask for a reconsideration. In the link you sent they would have been given the option for a reconsideration. That is why my first question to you was whether you were given one.

You cannot simply use support given in other cases to make decisions about other cases because each case is different.

Customer: replied 1 month ago.
The link I gave you. that customer applied for the same type of visa and was not given a reconsideration option as well because spouse visa settlement visas don’t have to option of admin review.
I was only advised to do that because the solicitor said under a entry clearance managers secretion. a decision can be overturned if they are in fault that’s all.I thought I will just try my luck with them
Customer: replied 1 month ago.
Discretion*

They made their application abroad but you made yours in country.

Customer: replied 1 month ago.
receiving my documents back from them had me thinking if they was to refuse the request
Customer: replied 1 month ago.
Wouldn’t they normally write to me saying you can only appeal the decision.

No because they have already written to you in the refusal saying you can only appeal.

and the appeal option has a deadline.

I am afraid the only practical options you have is to seek face to face legal advice or make a fresh application.

Customer: replied 1 month ago.
My application was made abroad as well not in the UK

Unfortunately the facts you have presented are incomplete and makes no sense to me at all. If her application was rejected based on suitability then there is more to this refusal because the suitability requirements covers issues to do with criminality, deception and owing money to the NHS etc

Customer: replied 1 month ago.
A medical certificate was missing to the entry clearance officer at the time the decision was made. Nothing else . It stated in the refusal letter all other requirements was met.

I can only suggest making a fresh application.

frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 month ago.
Ok thanks anyway.