0

I was recently refused a UK tier 2 (General) category visa because I had forgot to send a english language proof certificate with my application.

I completely understand the reasons for refusal. However I also read the following excerpt from the Tier 2 Policy Guidance document.

enter image description here

Internet is littered with cases where the entry clearance officer has requested for the missing documents ex: Missing UK NARIC letter.

I have held UK visas before if anybody was supposed to be requested for documents it would be me.

I just want to know why some cases are treated differently than others. If the ECO has to follow the rules specified in the doucment above then why some applications and applicants are treated differently than others?

Should I apply for an administrative review quoting this?

Screenshot of the refusal letter

enter image description here

8
  • 1
    Based on general usage, ‘may’ indicates possibility. It is not therefore a rule that must be followed. Proof of English is a mandatory document therefore it would seem the ECO did indeed follow the rules.
    – Traveller
    Commented Apr 20, 2019 at 15:24
  • I do understand may indicates a posibility. But how come he gets to decide the outcome of an application? i.e., wheather to request for the documents or not? This circustance is not even documented anywhere. it's a giant gaping hole in the system. Commented Apr 21, 2019 at 11:51
  • 1
    @ Griffin Taimer It’s his job to decide based on the application submitted. It would not be fair (or realistic) to expect that ECOs spend time requesting missing documents for every single application - it’s the applicant’s responsibility to pay attention to the requirements. Underneath the section the OP quoted it also says ‘we will not ask for additional documents if your application will be refused for other reasons’. It may help the OP get a better answer if they post a copy of the refusal notice with personal information blanked out.
    – Traveller
    Commented Apr 21, 2019 at 12:01
  • @Traveller, once again I completely understand the reasons for refusal. And I agree its the applicants responsibility to pay attention to the requirements. I can confirm that I have been refused solely due to the missing document, which in some "special" cases the ECO has requested the applicant to submit within 10 days. My question is plain and simple as to why some applications are treated differently than others and why isn't this branching in decision not documented? Commented Apr 21, 2019 at 12:44
  • 2
    This site has seen cases in the past where a visa was refused for reason A. Applicant applied again with reason A fixed, but the new application is refused for reason B. They don't need to list all the reasons why a visa will be refused, just one.
    – mkennedy
    Commented Apr 22, 2019 at 17:06

0

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Browse other questions tagged or ask your own question.