UK Visit Visa refusal -- need advice on next step

Question

Myself and my husband had applied together on UK visit visa from India, where I applied for Tourist visa and husband on Business visa. Both our requests were refused based on some misunderstanding.

Fact 1. Both our applications stated that I will be travelling to UK for 2 weeks as tourists, while my husband will travel to USA via UK and he will return to UK at the end of second week for a business meet for 5 days.

Fact 2: My US visa was rejected earlier in November 2014 since I couldn't prove enough ties to return to India, and I have stated this in my UK application. My husband doesn't have a US visa yet, and he has applied for it where the interview schedule is next week.

The reason given for our UK visa refusal as below: (same reasons were given to refuse my visa too since our application was given together)

We find this quite embarrassing since my husband doesn't have a US visa or had never applied/rejected before. This was taken as an assumption by the visa officer and used for UK visa rejection. The second misunderstanding was that husband is going to stay in UK first and then go to US. This of course possibly from the statement we used as 'via UK'.

My queries are : 1. What could have possibly gone wrong here?

2. For visitor visa can one appeal? If so we stand a chance to win?

3. What are the other options?

4. If we reapply , only our travel dates would change and husband possibly has a US visa in hand. Will earlier UK visa rejection be a problem?

Answer 1

1. What could have possibly gone wrong here?

The ECO concluded that you and your husband would go underground once you arrived in the UK, this is implicit from taking the refusal grounds in context (V 4.2 (a) & (c)).

Based upon what you wrote and then reading the refusal notice, the UK was a way-point to your husband's ultimate destination, the USA. If a person is transiting or stopping as a way-point, then the UK application needs to be LAST. I.e., everything else should be in place before making that application. In their minds, well-intended applicants nail down their destinations first.

Also, presumably your visit was contingent on your husband's success in getting a USA visa, and obtaining that visa has an unknown likelihood of success. So you had no premise at all for being in the UK (you are basically a supernumerary/trailing spouse), hence your refusal.

Overall, the ECO made a good call.

For visitor visa can one appeal? If so we stand a chance to win?

There is no opportunity to appeal and even if there were you would lose. The ECO's decision was based upon all information available to them at the time of the decision.

What are the other options?

1. As mentioned, get everything set up and then make a fresh application with a decent explanation about this refusal; or
2. Use a different way-point or fly direct;

Will earlier UK visa rejection be a problem?

He will need to declare it. If his explanation is sound and credible, the refusal will not be an insurmountable problem. If your trip is contingent on his success, then delay your application until your husband's paperwork is wholly sorted out.

Adding...

If your husband had no prior USA B1/B2 history, it's fine to include a statement along the lines of...

The ECO made an erroneous conclusion that I had a prior USA B1/B2 refusal and failed to declare it. This conclusion severely damaged the credibility of my previous application and is largely accountable for my refusal. Please record that I had no previous history of USA B1/B2 applications/visas whatsoever when the the UK entry clearance application was submitted, and hence my credibility was unfairly damaged.

The rest of your husband's explanation needs to be spit-spot, full and transparent.