Settlement appeal

My husband (US) and I are on appeal for a settlement visa for him.  When we originally applied we were denied because we didn't send in the correct documents, we filed the appeal along with all the paperwork that was required but I have since read that you cannot file any new evidence in an appeal and I'm now wondering if filing the appeal was wrong because of all the additional paperwork that we sent in along with the application, its already been a lengthy process and from the response my husband got from his email enquirery today, its going to be a lot longer.  Is it worth pursuing the appeal or just file a new application with the correct and relevant paperwork this time.  Thanks in advance.

Others will have more experience and expertise in this, but from what I've heard/read...it seems like a new application can be faster and simpler (but much more expensive) than an appeal.

Was it a simple case of everything qualifying but you forgot to include paperwork? Or were there special circumstances you needed to explain/document/justify?

How long ago did you file the appeal?

It can take up to a year for an appeal to be decided and the visa it was refused simply because of missing documents, it will not be successful anyway. An appeal is usually only overturned if you DID include all the correct documents but UKVI made a mistake and overlooked something, and refused the visa accidentally.

Personally, unless it has already been several months since you appealed, I would withdraw the appeal and just reapply with the correct documents instead.... you could have the visa in a matter of weeks instead of waiting up to a year, having the appeal be refused and then having to reapply anyway.


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We mulled over our options and opted to bite the bullet, pay the fees, and file a new application.  This whole process has been such an ordeal, but I feel confident that the packet I sent in today answers all the questions my examiner had.  It's expensive, but seems the quickest route.

My husband (US) and I are on appeal for a settlement visa for him.  When we originally applied we were denied because we didn't send in the correct documents, we filed the appeal along with all the paperwork that was required but I have since read that you cannot file any new evidence in an appeal and I'm now wondering if filing the appeal was wrong because of all the additional paperwork that we sent in along with the application, its already been a lengthy process and from the response my husband got from his email enquirery today, its going to be a lot longer.  Is it worth pursuing the appeal or just file a new application with the correct and relevant paperwork this time.  Thanks in advance.

Hi emmafog, welcome to the forum. 

You are correct in that new evidence can't be considered during the appeal process. An appeal can easily take a year and then still be declined.
If I were you, I'd cut my losses and re-apply. We'd be happy to help you with the new application. 

We mulled over our options and opted to bite the bullet, pay the fees, and file a new application.  This whole process has been such an ordeal, but I feel confident that the packet I sent in today answers all the questions my examiner had.  It's expensive, but seems the quickest route.

You made the right choice.  We've had others who were refused in a similar circumstance to you and the appeal was not successful as they hadn't sent the original proof in at the time of application.  They really are all about "ticking their box." 

Others will have more experience and expertise in this, but from what I've heard/read...it seems like a new application can be faster and simpler (but much more expensive) than an appeal.

Was it a simple case of everything qualifying but you forgot to include paperwork? Or were there special circumstances you needed to explain/document/justify?

Yes, everthing qualified, we just didn't send all the paperwork needed, we should have done more research before applying.  Thank you for your response.

We mulled over our options and opted to bite the bullet, pay the fees, and file a new application.  This whole process has been such an ordeal, but I feel confident that the packet I sent in today answers all the questions my examiner had.  It's expensive, but seems the quickest route.

Thank you, I think we have reached that point and will be filing a new application soon.

Good luck! People here often will post a list of documents they include, and the experienced ones will give you feedback.

How long ago did you file the appeal?

It can take up to a year for an appeal to be decided and the visa it was refused simply because of missing documents, it will not be successful anyway. An appeal is usually only overturned if you DID include all the correct documents but UKVI made a mistake and overlooked something, and refused the visa accidentally.

Personally, unless it has already been several months since you appealed, I would withdraw the appeal and just reapply with the correct documents instead.... you could have the visa in a matter of weeks instead of waiting up to a year, having the appeal be refused and then having to reapply anyway.


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We filed back in December, hadn't heard a word.  My husband sent them an email on Sunday 4/2, got a response back on Thursday.

  "Your appeal was received by the Tribunal who sent notices of pending appeal on 5 April 2017 to all interested parties, confirming receipt of the appeal and directing the Entry Clearance Officer to prepare an explanatory statement for submission to the tribunal.

The purpose of the explanatory statement is to allow the ECO to explain in greater detail the reasons for refusal.  Under current agreed processes, they have to submit this statement within 15 weeks from the date on which the notice of pending appeal was issued"

Is it too much of a coincidence that notices of appeals were sent out 2 days after receiving the email and 1 day before responding?

Honestly, the dates will be a coincidence.  UKVI does not work quickly nor do they respond in a  swift manner.

Do we need to cancel the appeal before we can file a new application?  Thanks in advance.

Do we need to cancel the appeal before we can file a new application?  Thanks in advance.

It appears that you do not have to.

APL1.20 Applicant makes fresh application while an appeal is outstanding

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, post must inform the tribunals service at: eco.contact@hmcts.gsi.gov.uk. The ECO must ensure that a proforma of withdrawal of decision is also sent to the Tribunals Service and this appeal will stop. 

https://www.gov.uk/government/publications/appeal-procedures-apl01/archived-appeal-procedures-apl01#apl120-applicant-makes-fresh-application-while-an-appeal-is-outstanding

Thank you all for your responses.  After just having a visit from my husband, we have decided to refile the application.

Can you please let me know what documents need to be originals. Also, we have been married for 14 years, bought and sold a couple of houses together, have joint bank statements, bills, etc.  Do we still need to send Messenger messages and correspondence to prove that we have been in touch for the year I have been here without him.

Want to get it right this time.  Thanks in advance.

Thank you all for your responses.  After just having a visit from my husband, we have decided to refile the application.

Can you please let me know what documents need to be originals. Also, we have been married for 14 years, bought and sold a couple of houses together, have joint bank statements, bills, etc.  Do we still need to send Messenger messages and correspondence to prove that we have been in touch for the year I have been here without him.

Want to get it right this time.  Thanks in advance.

Good decision. 

Essentially, everything you send must be an original or a certified copy.

FMSE here, has more detail on this.  https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Yes, it's very important to include evidence of how you have kept in touch while you've been apart.

Once you're ready, you should post a list here of all the documents you intend to send.
We can let you know if there is anything you are missing.