# Refusal of fiance visa, advice needed



## psyko (Aug 29, 2012)

Hi
I recently applied for fiance visa and was refused on the grounds that the bank account of my sponsor (fiance in UK) doesn't demonstrate that she can pay for my accommodation and food.

MY fiance makes 24k+ in a year, and proof for that was submitted.

I already have an existing business in the UK and we had submitted proof of having a rental property that is already being paid for by that business.

And there was a letter from the company saying that it will bear all cost for accommodation.

I agree to the fact that at the end of every month there is little left in my fiance's account but it's not because she has financial burdens (as the refusal letter said), but because she just spends it on shopping or puts it into saving. I would have expected the ECO to maybe have a closer look at the statements and see that the actual burden (fixed monthly outgoings) is hardly anything on the account and there is a substantial being transferred into savings each month too.

Now we are going to appeal this decision where we will submit her savings accounts information, that adds up to around 10k.

But his has caused a huge amount of frustration as we already had things planned.

Just wanted to know if anyone else had a similar experience or can advice on wht we should watch out for while filing for an appeal?

Cheers


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## Joppa (Sep 7, 2009)

psyko said:


> Hi
> I recently applied for fiance visa and was refused on the grounds that the bank account of my sponsor (fiance in UK) doesn't demonstrate that she can pay for my accommodation and food.
> 
> MY fiance makes 24k+ in a year, and proof for that was submitted.
> ...


Not submitting her savings account statement was a major mistake on your part, which would have shown that the surplus from the current account was being transferred to her savings account. I suggest in addition an explanatory letter. There is a good chance that the decision may be overtuend at ECM review stage, which shouldn't take too long.


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## psyko (Aug 29, 2012)

Quick question, under fiance visa refusal, is one qualified for ECM?


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## Joppa (Sep 7, 2009)

psyko said:


> Quick question, under fiance visa refusal, is one qualified for ECM?


Every appeal will first go through a review by entry clearance manager where the original application was processed, and if the decision is upheld it will then be sent to UK for a tribunal hearing. You will have to pay £80 in appeal fees.


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## psyko (Aug 29, 2012)

Okay. Thanks.
Just to clarify again though. If I lodge an appeal (through the MoJ site?), it first goes to the local ECM?


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## Joppa (Sep 7, 2009)

psyko said:


> Okay. Thanks.
> Just to clarify again though. If I lodge an appeal (through the MoJ site?), it first goes to the local ECM?


Yes. Always.


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## psyko (Aug 29, 2012)

But then why are they asking everything to be faxed or mailed to their office in Leicester. 
There was just one document less because of which the visa was apparently refused, is there an alternate resolution mechanism?


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## Joppa (Sep 7, 2009)

psyko said:


> But then why are they asking everything to be faxed or mailed to their office in Leicester.
> There was just one document less because of which the visa was apparently refused, is there an alternate resolution mechanism?


Because that's how the system works.
Read UK Border Agency | Appeals - visas and entry clearance


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## psyko (Aug 29, 2012)

I thought I was just not understanding it. It was a bit against common sense.


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## psyko (Aug 29, 2012)

Quick question. The refusal was made on the grounds of available funds. So while filing for the appeal, is that the only thing that needs to be addressed. Or is it possible that they can bring up any other technicality to deny it again? Sorry for these questions, but my faith in UKBA is very low right now.


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## Joppa (Sep 7, 2009)

psyko said:


> Quick question. The refusal was made on the grounds of available funds. So while filing for the appeal, is that the only thing that needs to be addressed. Or is it possible that they can bring up any other technicality to deny it again? Sorry for these questions, but my faith in UKBA is very low right now.


Well, once you satisfy the missing requirement, you should in theory be granted your visa, provided there has been no change in your circumstances. They have to state in writing the exact reason(s) for their refusal, and they cannot introduce other factors not already mentioned.


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## psyko (Aug 29, 2012)

Joppa said:


> Well, once you satisfy the missing requirement, you should in theory be granted your visa, provided there has been no change in your circumstances. They have to state in writing the exact reason(s) for their refusal, and they cannot introduce other factors not already mentioned.


Thanks for that!

But now after doing some more research, I am thinking I applied under the wrong category.

I applied for the Special Visitor - Proposed Civil Partner visa.

And my intention is to apply for FLR after our marriage is registered. Am I allowed to do that? Or I have to leave the country before I can apply for settlement to the country or switching the category is allowed?


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## fox2005eng (Jan 31, 2012)

psyko said:


> Thanks for that!
> 
> But now after doing some more research, I am thinking I applied under the wrong category.
> 
> ...


if it is fiance "marriage" yes, you are allowed to switch within UK if it is another category, then not you need to leave the country and apply from you home country.

how much did you pay for this visa ?

Bye


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## psyko (Aug 29, 2012)

fox2005eng said:


> if it is fiance "marriage" yes, you are allowed to switch within UK if it is another category, then not you need to leave the country and apply from you home country.
> 
> how much did you pay for this visa ?
> 
> Bye


I paid a fees of 7050 INR, roughly £90 round about. It was the Special Visitor - Fiancé or Proposed Civil Partner.


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## Joppa (Sep 7, 2009)

psyko said:


> Thanks for that!
> 
> But now after doing some more research, I am thinking I applied under the wrong category.
> 
> ...


You have to leave UK and return home and apply for your spouse visa there.


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## benthomas010 (Jun 5, 2012)

psyko said:


> I paid a fees of 7050 INR, roughly £90 round about. It was the Special Visitor - Fiancé or Proposed Civil Partner.


A fiance Visa is £826 - so i would imagine you are definitely applying for the wrong visa. 

My wife is just about to make an application for our visa - and I am now concerned about 'savings'.

For the past year my bank account has been empty at the middle, if not end of most months, but i earn 30k per year - way above the minimum earnings level. BUT the reason its been empty is I have been sending money to her to pay for the wedding, and now her visa. 

To prove this - we plan to send my statements, AND hers - and hope they can see that this extra burden is not ongoing. Such a hassle this visa malarkey. And people here in the UK think its oh so very easy.


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## fox2005eng (Jan 31, 2012)

benthomas010 said:


> A fiance Visa is £826 - so i would imagine you are definitely applying for the wrong visa.
> 
> My wife is just about to make an application for our visa - and I am now concerned about 'savings'.
> 
> ...


yes, that is why I was asking him how much did he pay for the visa.

it is clear now.


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## ashkevron (May 1, 2012)

benthomas010 said:


> A fiance Visa is £826 - so i would imagine you are definitely applying for the wrong visa.
> 
> My wife is just about to make an application for our visa - and I am now concerned about 'savings'.
> 
> ...


As far as I understand the new rules, you have nothing to worry about. All they are interested in is the fact that you earn above 18600.


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## psyko (Aug 29, 2012)

benthomas010 said:


> A fiance Visa is £826 - so i would imagine you are definitely applying for the wrong visa.
> 
> My wife is just about to make an application for our visa - and I am now concerned about 'savings'.
> 
> ...


Well my question is essentially can I switch to FLR from a Fiancé visitor (not Fiancé settlement) category visa.


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## Joppa (Sep 7, 2009)

psyko said:


> Well my question is essentially can I switch to FLR from a Fiancé visitor (not Fiancé settlement) category visa.


And I've answered No. Never.


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