# Wife's application refused on financial ground



## mark_T (Nov 28, 2012)

Hi all,
heard a lot of good things about this site, so i'm hoping someone would be able to help.

got my wife's visa refused today on the following grounds. it goes into detail, but briefly:
- although my income is sufficient and consistent (£24k for past 6 years), my spending "fluctuates significantly"
- in the application form, we stated that my wife would look for work when she gets here if we find it financially difficult. they have pointed out the "2.59 unemployed" in the uk (i'm guessing 2.5million), and that we have not shown evidence that we have done research on finding work (we have, but did not include anything in the application in case they assumed that she was coming here to work!)
- they also state that we "failed to provide satisfactory evidence to show there is sufficient room in the property". we provided a tenancy agreement that clearly shows that 6 people can live at the address, and currently it is only 3 (my parents and I). 

i have started the process of getting the correct paperwork ready for an appeal by, 
1. asking the tenant to provide a letter for me to clearly state that my wife can live with us at the address.
2. getting emails that my wife has received offering her work depending on her visa status

the financial support is my only worry, as what i get paid in wages i tend to spend on various things, and dont save much. since my marriage in april 2012, i have been sending money to my wife every month, and have sent gifts and presents on special occasions (6 month anniversary since marriage, birthdays for in laws, etc).

i do have a savings of 3k though

can anyone advice on what else i could do in my appeal?

also, would a supporting letter from my parents (and/or a friend) be useful, if they say that they can support me financially.

many thanks.


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## blibli46 (May 28, 2012)

Need to know under old rules or new rules. If you are under new rules, as long as you meet the financial requirement, there is nothing to do with your money outgoing.


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## mark_T (Nov 28, 2012)

its under the old rule. application was submitted at end of may 2012


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## blibli46 (May 28, 2012)

mark_T said:


> its under the old rule. application was submitted at end of may 2012


Sounds like it! so under old rules they can make this excuse about your spending, about your wife's intension to get job etc. but under new rules, as long as you make gross annual income at least 18.600...there is nothing to do with ur spending or if ur wife has any chance or not to get a job in uk. But under new rules, the prob period is 5 years and they going to review your visa after 2.5 years, meaning more money to pay the visa. But you have good chance if you reapply I think, and maybe quicker. I am no expert in old rules, so lets see what other members opinion


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## mark_T (Nov 28, 2012)

thank you for the quick response blibli.

they have stated in the letter that if the appeal is made in 28 days, then it may be "possible to resolve the points at issue without an appeal hearing"

is this a standard response to all refusals?

mark


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## LL1975 (Nov 19, 2012)

How can your wife's "intention to work" negatively influence the decision?


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## cc9 (Oct 29, 2012)

Aaaah that's very disappointing for you both  of course ur spending will fluctuate depending on wot u have going on with ur life, doesn't everyone's !! Good luck with your appeal or your new application if u decide to try under the new rule


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## mark_T (Nov 28, 2012)

LL1975 said:


> How can your wife's "intention to work" negatively influence the decision?


i was advised by someone not to include too much work related information on the application form, but i wanted to be honest and mentioned it in the form anyway. 
but with ukba's response, it seems we should have included everything that she has been trying re work!


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## mark_T (Nov 28, 2012)

cc9 said:


> Aaaah that's very disappointing for you both  of course ur spending will fluctuate depending on wot u have going on with ur life, doesn't everyone's !! Good luck with your appeal or your new application if u decide to try under the new rule


its been agonising for the past 7 months, and with a new application, we will have to wait for another 6months!!!

i'm wondering what the possibilities are if i appeal within the 28 days. could i get a positive result by say january 2013...? its very unlikely to be december with all the uk holidays coming up!!


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## cc9 (Oct 29, 2012)

I suppose if u think you have good grounds for an appeal then you should go ahead, especially as the cost of a new application is so expensive.. Me and my husband are currently preparing to apply under the new rules so am not familiar with the old rules.


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## 2farapart (Aug 18, 2011)

This seems an incredibly rough decision and I'm so sorry to hear it.

The purpose of an appeal is to prove the UKBA have made a wrong decision. I'm reading into their words that, because of your fluctuating spending, they've assumed you're putting a good degree of reliance on your wife finding work in order for you to survive, which seems rough because they ask the applicant if they intend to work (or not) - and their answer to that question does NOT mean you're both depending on it. Were you in an overdraft position frequently? Under the old rules, salary was less material than money left over after expenses, and UKBA would have looked at how much money was left over each month in your accounts in order to support your wife. In other words, you could earn £50,000 per year, but if you are landing regularly in overdraft, your application would still fail. At least that's one benefit of the new rules - yes, they set a high minimum salary for many, but there's less reliance on how much money is left over each month.

I think you need to emphasise just how much money you are currently sending to your wife, as you're already supporting her in effect and that money would be available to continue supporting her here too. You need to prove at least £112 each week as 'spare' (ie after mortgage/rent and council tax). If you are sending your wife at least this much already, then you probably have a good basis of appeal straight away. If not, you might need to explain in writing why your spending has been heavy (I know - we all spend all our money; saving is a luxury of those who have a nice gap between incomings and outgoings) and especially document why any overdrafts happened (ie reasons for any large and unexpected overspend).

I wish you every success with this - good luck.


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## mark_T (Nov 28, 2012)

thanks for the detailed explanation 2farapart.

in terms of sending money to my wife, it's only £100 a month, but that has been consistent, and i can send her more/save if i wish. 
the inconsistency is as you say, the every month spending that leaves us just enough until the next pay comes. in the statements i have given, i have not been overdrawn, but it is has been just above £0 before the next pay date.

even if i explain the spending to them, what are your thoughts on the chance that they will respond within the 28 days they have stated?

i will be seeking legal assistance, but would i be able to email them with this explanation? (i have been emailing them constantly since day 60 had passed)
mark


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## 2farapart (Aug 18, 2011)

No overdraft either???  This is even worse for a decision then. When my partner applied, I submitted bank accounts that were pretty close to zero every month, and one month went overdrawn. What I DID do is highlight payments that were going to savings accounts with supporting statements (something like £300 a month at the time) - in other words, just because my main account was hitting zero each month, it did not mean 'no money'.

I don't think it's worth emailing them constantly. If they're reading the emails, it doesn't mean anyone is acting upon them and if anything it will just cause annoyance. Instead, prepare all your papers with your legal adviser,* with the goal of proving that, just because your account reaches zero, it doesn't mean 'no money'*. I'm certainly no adviser but in the same position I would gather together all my utility bills, other outgoings such as insurance and mortgage statement to prove my monthly outgoings in full, compared to my monthly income. I would probably set out these figures neatly in two columns in a very simple covering letter, and make sure the amounts tallied with my bank statements and pay slips. The basis of your appeal is to prove that you DO have enough left over to support your wife, so you ideally need a nice gap between what your outgoings are, and what your income is. Also explain in that letter any large payments you might have had to make that wouldn't constitute a regular outgoing (replacement of a large kitchen appliance for example).


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## mark_T (Nov 28, 2012)

thanks for the very useful advice 2far.


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## mehemlynn (Nov 16, 2011)

I agree with 2FarApart, you need to prove that you have the extra to support her when she comes over. 

If you want to show she is going to work, then what you would want is examples of jobs she would apply for, particluarly if she is in a specialized field or has alot of experience. We are moving from outside the UK, old rules, and we sent my resume, and jobs (about 20) I would apply for both in my field and other fields which I would have the experience to get (upper middle, to lower senior management in a large co or senior management in a smaller one). If she doesn't have experience then they are not likely to include her job prospects at all because of the amount of unemployment.

Good luck. I don't know how long an appeal would take.


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## mark_T (Nov 28, 2012)

Thanks for sharing the info mehem.

As I mentioned in one of my earlier posts, I was advised not to include too much things about my wife's employment plans, so did not include any job descriptions or the offers she had received. 

She does have a specialised field, and I will be including them in the appeal.


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## mark_T (Nov 28, 2012)

does anyone know about the additional financial support letter from family and/or friends? would they accept that letter on the old rules?


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## mark_T (Nov 28, 2012)

2farapart said:


> No overdraft either???  This is even worse for a decision then. When my partner applied, I submitted bank accounts that were pretty close to zero every month, and one month went overdrawn. What I DID do is highlight payments that were going to savings accounts with supporting statements (something like £300 a month at the time) - in other words, just because my main account was hitting zero each month, it did not mean 'no money',


Hi 2farapart, 
Having had a bit of time to look over the statements I submitted, I've found a bit more info.

I have provided 8 months statements of Bank 1 and 6 months of Bank 2. For Bank 1, at least the beginning 3 months I have been overdrawn, as much as £400. This was prior to fixing a date to get married. It was only after month 4 that I started making changes to the account and then I started managing my finance better, and have never been overdrawn. 

But I think this is what I have been reading in expat forum, that they will look at the lowest amount, regardless of how the most recent statements look - which have never been overdrawn. (This is now my main worry).

There is also something else that they have mentioned in the refusal letter which I'm finding.....difficult to understand:

"There appears to be no reason why your sponsor cannot relocate to India to or continue to maintain your relationship through family visits"


I've been in the UK 20+ years, and know more about the way of life in the UK than in India!!! To stick to the "I'm being honest with all that is me", I did include my PIO card photocopy, (which I got in 2011) as I realised that I will always have links to India! Could this be the reason for the above statement?

Also, as I have been emailing them, (and getting responses), what are my chances a decision will be overturned (if the documents I provide are sufficient), if I emailed them the reasons and documents?


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## LL1975 (Nov 19, 2012)

mark_T said:


> There is also something else that they have mentioned in the refusal letter which I'm finding.....difficult to understand:
> 
> "There appears to be no reason why your sponsor cannot relocate to India to or continue to maintain your relationship through family visits"


That is a fairly horrific reason to use. I mean, could that reasoning not be applied to every single application, or near enough?

That sounds like _"you can't live in the UK because you can live somewhere else - or have an occasional visit if you don't fancy living there"_.

I wonder how common that reason is given?


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## 2farapart (Aug 18, 2011)

Yes, that is insulting in the extreme. I'm surprised they are even able to say such a thing to someone who is long-term resident in the UK. As LL1975 said, it's a spurious argument that could be cast upon most 'partner' visa applicants and sponsors if they had a mind to do so. It's fine to offer it as a choice, but if that is stated as part of the refusal letter, it's not appropriate or helpful. However, don't argue about it in your appeal as that will only cause annoyance. Ignore it and press on instead with how to overturn the decision.

An overdraft of over £400 would cause potential problems under the old rules because you are supposed to be able to show you have money spare at the end of each month, no matter how much or how little you earn. I saw one refusal where one of the reasons stated was because the applicant had been a mere £200 overdrawn - which is nothing these days. I don't know if this was a major factor because there were other reasons too, but it was certainly one of the named reasons.

The "UKBA will look at the lowest" issue is nothing to do with your application so don't worry about that. Under the NEW rules, UKBA looks at the lowest salary received in 6 months and uses that, but this doesn't apply because you applied under the old rules. Under the old rules, they look at what funds you have available more than what you earn. 

*In order to have any chance at a successful appeal, you need to set out a case that proves the UKBA made a wrong decision. * It seems that they made a judgement based on the available evidence: your bank account overdraft position (and possible subsequent zero balances) - that there is not enough spare money available to support your wife. Based on that evidence it looks to be a correct decision. So what you must now do is start proving how much money you DO have spare each month (ie you only spent in past months because all other expenses were taken care of and you used excess money on non-essentials). As said, it will mean listing all your regular income and outgoings, and showing a balance of spare money that ideally would be enough to support your wife (after mortgage/rent and council tax, they would expect to see a minimum £112 spare per week). You need the documentary evidence to prove the figures, so pull out recent utility bills, statements etc to support every outgoing and highlight these in your bank statements. Separately identify other expenditure that was non-essential or not regular in nature. Basically, do anything and everything to prove 'spare money of at least £450 a month after housing costs have been paid'.

There is one other option available to you, but I offer it cautiously because you've already been given a refusal. Under the NEW rules you qualify financially because you earn more than £18,600 a year. If you have 6 months of pay-slips where you were paid (before tax) £1,550 or more per month, and you should on £24,000 per year, you already qualify under Category A of the new rules. Give yourself chance to keep your bank accounts in a credit position, then your wife could re-apply and, unless there are other reasons for the refusal or you don't meet other criteria of the new rules, your wife should have more luck. Having one refused application might mean they will scrutinise her application more closely, but this is why I advise you get your bank accounts into a position where they show credit balances with some money spare each month before re-applying.


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## mehemlynn (Nov 16, 2011)

I wouldn't have thought under the old rules they'd give that reason. I know it was proposed that Under the new rule there is something about the couple's overall attachment being greater than to any other country, but I'm not sure it made it into the final version.

M


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## 2farapart (Aug 18, 2011)

It was something they were looking at when considering Denmark's immigration strategy (where the attachment rule must also be proved), but no, it didn't make it (officially) into the revised UK rules - unless it is being silently applied.


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## LL1975 (Nov 19, 2012)

How do they evaluate "attachment"? In my sponsor letter for my wife's application I stated that we wished to live in the UK due to my career in the UK (I have a fairly high-paid job whilst my wife is unemployed) and due to my parents getting elderly (thus wanting to be able to assist my parents), but I also stated that my wife and I would consider living in South Africa or another suitable country should the application (and any subsequent appeal) be unsuccessful.


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## mark_T (Nov 28, 2012)

Just want to point out, that the "relocate" comment was not a reason, but it read more like a suggestion after the reasons for refusal had been given. 

Also, in relation to the overdrawn, and how much I have:
Nowhere in the refusal letter have they mentioned that i have 3k in savings. Surely they would consider this when looking at how much I am spending every month?

Re preparing for new application
I guess you could say "I've learned my lesson"!! But I'm hoping I could appeal rather than having to re-apply, and pay another £800+, and also to wait another 6 agonising months.
Plus, (a minus point!) since the submission of the application, I can't really show much in my statement re saving, as I haven't saved much, as I do keep spending. But the plus point is that I have been sending money to my wife every month, and can explain the additional spending that I have made since then.

Does anyone know about the additional support letter? When I make my appeal, would I be able to include a letter of support from a family member?


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## 2farapart (Aug 18, 2011)

I don't know what to advise about additional support. The answer is of course 'yes' under the old rules, because additional support was permitted. However, it also strengthens UKBA's argument that you can't support your wife yourself. Therefore I don't really know what best to suggest.


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## mark_T (Nov 28, 2012)

2farapart said:


> I don't know what to advise about additional support. The answer is of course 'yes' under the old rules, because additional support was permitted. However, it also strengthens UKBA's argument that you can't support your wife yourself. Therefore I don't really know what best to suggest.


that is a bad predicament to be in.... thank you for your input


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## cc9 (Oct 29, 2012)

It seems that u have been judged very harshly  its hard when you have been conducting a long distance relationship as this puts an additional strain on finances as travelling to visit your other half can be expensive, belv me I know. Hopefully ur appeal will b successful


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## mark_T (Nov 28, 2012)

Thanks cc9.

Does anyone know if there a cost for going through the appeal on my own? I am planning to go via lawyers but just wondering.


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## Joppa (Sep 7, 2009)

mark_T said:


> Thanks cc9.
> 
> Does anyone know if there a cost for going through the appeal on my own? I am planning to go via lawyers but just wondering.


£80 for paper consideration and £140 for oral hearing.


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## mark_T (Nov 28, 2012)

Thank you Joppa.

I've just seen the refusal letter again and noticed the refusal was decided on 9th Nov, but the decision was posted on 27th!!!

Is that also because of staff cutbacks I wonder.


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## Joppa (Sep 7, 2009)

mark_T said:


> Thank you Joppa.
> 
> I've just seen the refusal letter again and noticed the refusal was decided on 9th Nov, but the decision was posted on 27th!!!
> 
> Is that also because of staff cutbacks I wonder.


Nothing unusual. Often the processing and dispatch are performed by different sections within a department or visa centre.


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## mark_T (Nov 28, 2012)

Thanks Joppa


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## mark_T (Nov 28, 2012)

2 questions 
When they say 28 days, is that including weekends? It will be totally u fair if it is as well as very annoying!! 

The other (not sure if I want to know this), what is the rate of success for appeals?


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## Joppa (Sep 7, 2009)

mark_T said:


> 2 questions
> When they say 28 days, is that including weekends? It will be totally u fair if it is as well as very annoying!!
> 
> The other (not sure if I want to know this), what is the rate of success for appeals?


28 calendar days or 4 weeks.
It was recently claimed in parliament that UKBA win less than half the appeals.


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## mark_T (Nov 28, 2012)

Thanks again Joppa. 
To put it another way.... 
When ukba say 60/90/120 days to process applications they don't take into account the weekends, so basically a looong wait for applicants. 
But when it's time to appeal, they include weekends, that is, a very short time!!!
Doesn't seem very fair for anyone. 

Does the 4 calendar weeks include bank holidays? As we are coming up to Xmas and new year....?


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## Joppa (Sep 7, 2009)

mark_T said:


> Thanks again Joppa.
> To put it another way....
> When ukba say 60/90/120 days to process applications they don't take into account the weekends, so basically a looong wait for applicants.
> But when it's time to appeal, they include weekends, that is, a very short time!!!
> ...


Yes. The timescale is different, in that while they don't work weekends, visa applicants/appellants can! Also calendar days is easier to work out for the general public.


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## mark_T (Nov 28, 2012)

Ok, so a small update on my case.... 
Having seen a lawyer about the refusal, he read the letter and said pretty much what's been said here, ie that the ukba have been harsh about the decision.

On his advice I'm now gathering recent statements and a letter from the landlord stating that they don't have any problems for my wife to life with me in the same address. 

I'll be submitting the appeal hopefully next week and will hope that the decision gets overturned, and also that it doesn't get to court as that will definitely impact on my finances :-(


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## mark_T (Nov 28, 2012)

Ok, after a long hiatus I've decided to update my current status
following on from my last post, I appealed via a lawyer in mid december. using the extended holiday from my employers at xmas time i was able to spend the longest time with my wife since being married - 21 days 

I came back to uk and was waiting for the tribunal to acknowledge receipt of the appeal

They received it and sent a response to my wife and my lawyers mid feb, advising that the ukba have until 24th june to respond to the appeal. So i've now been waiting for 3months since appealing....3 more months to go 

I do have some questions though: 
Is there anyone here that is going through (or have gone through) the appeal process? How long have you been waiting for? Has anyone gone to court when appealing? What's the experience like? Will I need to be there?

I know of a friend who has gone through the appeal, which he made the in july 2012. The tribunal gave ukba until Jan 23 (or a date closer to that) to respond to the appeal. A few days after this date, his wife received a letter from the ukba saying she can come and get her visa.

How common is this?

mark


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## Leanna (Oct 22, 2012)

mark_T said:


> Ok, after a long hiatus I've decided to update my current status
> following on from my last post, I appealed via a lawyer in mid december. using the extended holiday from my employers at xmas time i was able to spend the longest time with my wife since being married - 21 days
> 
> I came back to uk and was waiting for the tribunal to acknowledge receipt of the appeal
> ...


Thanks for keeping us updated on your progress, and glad you go to spend some time with your wife over Christmas. Good luck on the appeal, hopefully you won't have too much longer of a wait.


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## 2farapart (Aug 18, 2011)

Hi Mark

I don't have much info to add on the appeals process (I know very little about it), but while UKBA can quite legitimately take until end of June, I've seen a couple of occasions where a decision arrived sooner. Whether or not you'll be that lucky remains to be seen, but hang in there and hopefully it won't be too much longer.


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## mark_T (Nov 28, 2012)

Thanks 2F
It's been far far too long already! 
I'm actually considering making drastic decisions so I can be with my wife.


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## Leanna (Oct 22, 2012)

mark_T said:


> Thanks 2F
> It's been far far too long already!
> I'm actually considering making drastic decisions so I can be with my wife.


Drastic decisions?


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## mark_T (Nov 28, 2012)

Maybe drastic is a wrong choice of word  
Life changing? 
Basically I'm thinking of moving to India!


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## Leanna (Oct 22, 2012)

mark_T said:


> Maybe drastic is a wrong choice of word
> Life changing?
> Basically I'm thinking of moving to India!


Oh! I was a little concerned you meant something perhaps more morbid or illegal


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## mark_T (Nov 28, 2012)

Leanna said:


> Oh! I was a little concerned you meant something perhaps more morbid or illegal


:-D no, nothing like that.


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## 2farapart (Aug 18, 2011)

mark_T said:


> Maybe drastic is a wrong choice of word
> Life changing?
> Basically I'm thinking of moving to India!


Most refusals are obvious and are usually because some key requirement was missed, or the applicant hoped to get away with not providing a certain document.

In your case, you were refused on such a silly technicality (you clearly have the finances required and were even supporting your wife financially by sending money to India each month). Frustratingly, under the new (current) rules, you would not have been refused because £24,000 is far in excess of the threshold. To me, it seems that the caseworker in question was somehow confused by the evidence you provided and I will be extremely surprised if your appeal should fail. 

I know it's too easy for us to say "hang in there", but yours is a case where the odds should be in your favour and it hopefully won't be too much longer before you both get the good news you deserve.


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## mark_T (Nov 28, 2012)

2farapart said:


> Most refusals are obvious and are usually because some key requirement was missed, or the applicant hoped to get away with not providing a certain document.
> 
> In your case, you were refused on such a silly technicality (you clearly have the finances required and were even supporting your wife financially by sending money to India each month). Frustratingly, under the new (current) rules, you would not have been refused because £24,000 is far in excess of the threshold. To me, it seems that the caseworker in question was somehow confused by the evidence you provided and I will be extremely surprised if your appeal should fail.
> 
> I know it's too easy for us to say "hang in there", but yours is a case where the odds should be in your favour and it hopefully won't be too much longer before you both get the good news you deserve.


Thank you for your positive word 2F. I may have to show this thread to my wife, as she is finding this whole process difficult, especially not being together


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## mark_T (Nov 28, 2012)

Well, today's the day that the tribunal had given for UKBA(Home office) to respond to the appeal, and my wife hasn't received anything yet. no post or email.

The lawyer did say that it may take a few days for their "bundle" to be prepared to take it to court, so I'm guessing his thinking is that it will go to court. We're of course hoping that it won't go that far, but we have no choice but to wait to hear something. 

Does anyone know what happens next? I'll be of course calling my lawyer to find out about an update (probably every day from today) but am conscious not to annoy him too much.


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## cc9 (Oct 29, 2012)

The tribunal will now set a date for your case to be heard. U will receive a letter from the tribunal in a week or so with this date and the place where your appeal will be heard. 
I hope you don't have to wait too long but the hearing could still be months away.
Good luck


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## mark_T (Nov 28, 2012)

cc9 said:


> The tribunal will now set a date for your case to be heard. U will receive a letter from the tribunal in a week or so with this date and the place where your appeal will be heard.
> I hope you don't have to wait too long but the hearing could still be months away.
> Good luck


My heart just sank when I read this cc9, but you guys (the senior expats) are usually correct with your information, so I guess it's a matter of more and more waiting, as opposed to the Home office accepting the appeal and granting the visa to my wife.

I guess my wife and I should feel happy now that I've secured a job which will pay £26k a year, (which I guess will strengthen my appeal even more), but it doesn't.

The pain of being apart for so long just keeps getting worse and worse...


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## Cozak (Jun 25, 2013)

I feel for you, to my mind it is criminal that British Citizens are penalised for having a non EU spouse yet EU citizens are able to get there non EU spouses in much more easily. The advantage should be with the British citizen, it is a ludicrous state of affairs that foreign nationals have a more simplified process. There is actually a BBC news article on this very subject today in the news.

I have had my wife and child separated from me since the start of Jan because of the ridiculous over complicated process. I thank god for this forum without which I would have been completely lost.

The only thing I can say to you is don't give up hope, stick at it and don't let the b*****ds grind you down. You should win your appeal because the reasons for refusal are just beyond stupidity, stay positive and I wish you the best of luck.


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## cc9 (Oct 29, 2012)

Mark_t this is only from my own experience but unfortunately the appeal process is a long one  I really hope you get your appeal heard sooner rather than later. Let us know when u get a date for the tribunal.


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## nyclon (Apr 3, 2011)

mark_T said:


> My heart just sank when I read this cc9, but you guys (the senior expats) are usually correct with your information, so I guess it's a matter of more and more waiting, as opposed to the Home office accepting the appeal and granting the visa to my wife.
> 
> I guess my wife and I should feel happy now that I've secured a job which will pay £26k a year, (which I guess will strengthen my appeal even more), but it doesn't.
> 
> The pain of being apart for so long just keeps getting worse and worse...


New information will not be considered in an appeal so if your job earning £26,000 was secured after the original application it will have no impact on the appeal.


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## mark_T (Nov 28, 2012)

nyclon said:


> New information will not be considered in an appeal so if your job earning £26,000 was secured after the original application it will have no impact on the appeal.


That's what my lawyer is saying as well. But what if I contact the Home office directly and mention this? Will this have any impact? I just don't want to avoid waiting for another 2 or more months and want to do something rather than just sit and feel helpless...


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## WestCoastCanadianGirl (Mar 17, 2012)

No. No "post-initial-application" evidence will be accepted or considered. 

If it was a matter of presenting missing information that you had in your possession before the application (i.e. you were using Jan-June payslips and inadvertently forgot March's slip), that is one thing, but for any evidence that was obtained _after_ the date of your application (such as your new, higher paying job), the UKBA is well within its rights to not accept it and, as a standard of practice, will not accept it, no matter how much you beg and plead.


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## cc9 (Oct 29, 2012)

As you obviously meet the financial requirement under the new rules might it just not be quicker to re apply???


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## WestCoastCanadianGirl (Mar 17, 2012)

The point is that they applied under the Old Rules so, if the appeal is indeed settled in their favour, it would be to their advantage to be approved under those rules, as it would mean a lot of time and money saved... i.e. they would only have to wait 2 years before applying for ILR, thus saving that extra FLR(M) visa and associated fee _plus_ they would only be held to the od financial requirement, so it's worth the fight.


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## cc9 (Oct 29, 2012)

Yes good points well made its just unfortunate the appeal process takes so long.
I suppose having waited this long another month r so is worth it


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## mark_T (Nov 28, 2012)

Hi guys, its been a busy day but just to let you know that my wife received her email this morning to collect her visa from the vfs office. 

Relieved and ecstatic are probably the best words that describes my feelings. 

Ill post the exact email that she received when i get home. 

thank you all so much for your advice and support


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## cc9 (Oct 29, 2012)

great news 

Good luck


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## ashconnell (Jun 2, 2013)

That is great news!!!! I was just reading through this thread and thinking,oh my what a stressful thing to go through...but every cloud has a silver lining right? Congrats on the visa!!!


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## mark_T (Nov 28, 2012)

Hi all,
apologies for the late post...its been a busy but a happy day. Planning now to see how soon my wife and I can be together in the UK 

This is what my wife received via email:

_Please find the attached Decision Overturned letter for your information and guidance.

Yours sincerely
Appeals Team | Visas and Immigration 
_

In the mentioned attachment:

_Subject: Decision Overturned

I am writing to confirm that we have received your notification of appeal against our decision to refuse your application for entry clearance to the United Kingdom. As a consequence, an independent Entry Clearance Manager has considered the supplementary evidence you have provided and reviewed the original decision to refuse your application.

I am pleased to inform you that we are satisfied you have adequately addressed the grounds for refusal and that we have subsequently overturned the original decision. Please take your passport and a copy of this letter and your sponsor’s passport copy with their current immigration status to our commercial partner, VFS Global, at your earliest convenience and we will arrange the immediate issuance of your visa. Their opening hours are from 08:00 to 15:00hrs from Monday to Friday. You do not need an appointment for passport submission.

_

and then it goes on to say that she needs to get a medical checkup at the recommended hospital.

There is one thing that confuses/worries me though. She received the email from and email that says "Single Tier Enquiries" (Can I post the full email! Is there a forum rule that says I can't post the Home Offices' email? If there isn't please let me know and I will post the full email)

I know there are Tier'd visa's for students etc., but what we applied for was a settlement visa. Is it something that I should be concerned about?


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## Joppa (Sep 7, 2009)

Don't worry about it. 'Single tier' refers to the type of appeal process for immigration matters which considers all cases.
Please don't quote Home Office email address which is confidential to you.


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## mark_T (Nov 28, 2012)

Joppa said:


> Don't worry about it. 'Single tier' refers to the type of appeal process for immigration matters which considers all cases.
> Please don't quote Home Office email address which is confidential to you.


Thank you Joppa for clarifying, and about posting emails.

Well, I can relax now and take it easy. the next step is to go to the local VFS office to get the visa stamped. I'll update this post on the progress.

(Once my wife is here I'll probably update that timeline thread as well)


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