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Ec Refusal, Appeal Or Reapply?


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#1 kumar012

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Posted 19 November 2012 - 02:03 AM

EC-P.1.1© – Section S-EC: Suitability – Entry Clearance Requirements (Your sponsor, ********, has been requested to give a written undertaking to be responsible for the maintenance and accommodation under paragraph 35 of the Immigration Rules, but has failed,/refused to do so. I therefore refuse your application under paragraph EC-P.1.1© of Appendix FM of the Immigration Rules (S-EC.2.4))

Written undertaking was never requested by the VFS staff at the time of application. UKBA Chennai did not request me or my wife for the undertaking during the processing duration of this application. I provided a signed and attested Affidavit. The ECO’s indication that I was requested to provide sponsorship undertaking and I failed or refused is untrue.

EC-P.1.1(d) – Section E-ECP: Eligibility for entry clearance as a partner (You have not provided your sponsor’s current signed contract of employment from ******** as evidence of your sponsor’s gross income from their employment)

I provided in the application two Letters of Employment (dated Oct 2011 and July 2012) showing my contract as permanent and my annual gross income as 'above 18600'. I also included ‘Annual Statement of a Salary’ dated Oct 2011 as this is only issued annually in October of each year.

(You have failed to provide the specified documents of your sponsor’s employment. These document are specified in Immigration Rules in Appendix FM-SE and must be provided)

I included in the application:
1. Salary statements from Jan 2012 to July 2012
2. P60 given in April 2012
3. Bank statement from Jan 2012 to July 2012


Please advice on what to do further. Appeal or reapply? I am shocked!!



#2 kumar012

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Posted 19 November 2012 - 01:41 PM

I sent an explanation letter to post post that refused.
Their reply was:

"I am writing this e-mail on behalf of the ECM. The onus is on the applicant to demonstrate that they meet the requirements of the relevant rules. In this case you failed to do so. You have the right of appeal against this decision. If you wish to submit your appeal to the First-tier tribunal, you can do so online and pay your fee online at www.justice.gov.uk"

I got this reply today. What do you think? Does this suggest that even if I appeal it would fail at ECM review and go for hearing? Any ideas please respond?

#3 kumar012

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Posted 19 November 2012 - 09:01 PM

Could anyone please share your thoughts on this? Can anyone advise please?

#4 Victoria

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Posted 20 November 2012 - 03:43 PM

Chennai. Typical.

if you would like to appeal, which I suggest you do, you may want to get professional assistance.

#5 kumar012

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Posted 20 November 2012 - 04:54 PM

Hi Victoria,

The reply from the ECM (or on behalf of ECM) implies that they will maintain their decision and not overturn it. Rather than waiting 6-8 months for this to be sorted out, I thought making a fresh application may be better. Could I appeal and make a fresh application at the same time? Am I correct in thinking the ECM review will fail?

#6 Victoria

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Posted 20 November 2012 - 04:57 PM

You can indeed do both.

#7 kumar012

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Posted 20 November 2012 - 05:01 PM

If I applied and appealed at the same time, would this delay or lengthen the processing duration of the application or could it even speed it up?

#8 Victoria

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Posted 20 November 2012 - 05:06 PM

It would make no difference.

#9 kumar012

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Posted 20 November 2012 - 05:12 PM

Sorry to go back and forth Victoria, if I were to appeal, how long do you think it will take to overturn the decision? The only reason I dont want to appeal is that if it takes 6-8 months and mail from ECM giving a negative indication. You have advised to go for appeal and I sure you would have seen many cases like this. But I just want to be sure of a way of quickly overturning the dicision.

#10 Victoria

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Posted 20 November 2012 - 05:14 PM

I'd have to know more about the case to give an opinion. Please feel free to email me if you'd like a consultation.




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