# Refused Twice - Spouse Settlement Visa



## fufu24 (Mar 13, 2013)

Hi everyone,

I'm new to the forum and have a question about reasons for refusal - if anyone is able to shed some light I would be very grateful! Apologies in advance for the long post.

I'm Canadian and my husband is British - the first time I applied for settlement visa (Oct 2012) I was refused because of insufficient documents to support financial requirements (even though we met the requirement). I hired a lawyer, got all the correct financial documentation together, and re-applied on Feb 1, 2013.

Just yesterday (after almost 6 weeks processing time - we had paid extra for 2-3 week expedited) I had my documents returned to me and a letter explaining the application had been refused again. Below are the reasons for refusal (in quotes), and my comments next to them (in bold):

"You have provided your sponsor's Canadian bank statements from April 2011 through August 2011. However, these bank statements do not cover the same 12 month period as his HMRC tax returns." 

*- We actually provided his statements from April 2011 through April 2012 (the last financial period), same as the HMRC tax return period, so this statement is wrong. They returned all the banks statements to us and it's evident that all months are there and were provided. Can they really make such a blatant error or am I missing something? Also, the statements are from a Canadian bank bc he is a freelancer and gets paid into our joint account in Canada even though he is based in the UK. Does it matter where his income is deposited given he is still filing and paying taxes on that income in the UK?*

"From the evidence provided, it appears that your sponsor was self-employed _outside_ of the UK during the period of April 2011 and March 2012 - the last full financial year." 

*- I don't understand this point because we clearly showed that he is registered with HMRC as self-employed inside the UK since April 2011 and provided tax filings (self assessment) for that period. Are they assuming that because he got paid income to a Canadian bank he is self-employed outside the UK??*

"Moreover, I note from your previous application it was noted that your sponsor has not yet been registered as self-empoyed on 17/10/2012 in the UK. It is evident that your sponsor has not been in self-employment in the UK for the last ful financial year." 

*- He has in fact been registered as self-employed in the UK since April 2011. In our previous application we failed to provide the evidence for this and this is why we were refused. However we did provide it for the second application and they're still stating that he wasn't registered! I really don't understand this.*

I also found it very strange that they've returned all of the original docs I submitted *except* for my sponsor's tax filings (self-assessment, summary letter from accountant etc) - they kept the photocopied application which makes sense but why the original tax docs when photocopies of these were provided? 

It just seems fishy to me that they have said he was not registered as self-employed and retained the original documents that prove he was.

At this point I'm not sure whether to appeal or just apply again for the third time.

If anyone can offer any advice regarding any of the above it would be greatly appreciated!!


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## Harun (Jan 27, 2013)

This post scares me


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## fufu24 (Mar 13, 2013)

Harun said:


> This post scares me


What about it scares you?


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## Joppa (Sep 7, 2009)

I can't comment in details as I haven't examined your applications and documents submitted. From what you tell me, paying his self-employed earnings into a Canadian bank account made them query the authenticity of his enterprise. Had he paid into UK bank account, no questions would have benn asked. So did he convert his earnings into Candian $ and then convert it back into sterling to pay his taxes? That is most unusual.
They probably kept the original documents by mistake. If you ask them back, they should return. Evidencing self-employment is complicated and demands a host of documents.
I don't know what to suggest. As you are working with a lawyer, I'd go by whatever they advise.


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## fufu24 (Mar 13, 2013)

Joppa said:


> I can't comment in details as I haven't examined your applications and documents submitted. From what you tell me, paying his self-employed earnings into a Canadian bank account made them query the authenticity of his enterprise. Had he paid into UK bank account, no questions would have benn asked. So did he convert his earnings into Candian $ and then convert it back into sterling to pay his taxes? That is most unusual.
> They probably kept the original documents by mistake. If you ask them back, they should return. Evidencing self-employment is complicated and demands a host of documents.
> I don't know what to suggest. As you are working with a lawyer, I'd go by whatever they advise.


Thanks Joppa for your reply. 

He has his self-employment income paid into our joint account in Canada because he was supporting me for most of the year and also spending a lot of time in Canada on 6-month visitor visa. Before applying my lawyer assured me this wouldn't be an issue as long as he is registered as self-employed in the UK and files his self-assessment / pays UK taxes and NIC contributions which was done before applying. 

I just thought we had all the documents necessary to prove self-employment and now it's all up in the air again for who knows how long.

Do you know if it would be possible for me to come to the UK as a visitor during the time we're appealing this decision? 

Thanks again for your input.


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## Joppa (Sep 7, 2009)

That's not a good idea. There is a high chance of being refused leave to enter, seeing that you've just had a settlement visa application refused. They will argue it's too risky to let you come in as visitor, as you may overstay.


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## Joanne_Manchester (Feb 18, 2011)

So, when he was in Canada on his 6 months visitor visa was your husband working?
If yes (I am no expert ) but I think that might be the problem. First he should not have been working as he was on a tourist visa and if he was working he was getting paid in his Canadian bank account it looks more like he was self employed in Canada and not self employed in the UK.


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## fufu24 (Mar 13, 2013)

Joanne_Manchester said:


> So, when he was in Canada on his 6 months visitor visa was your husband working?
> If yes (I am no expert ) but I think that might be the problem. First he should not have been working as he was on a tourist visa and if he was working he was getting paid in his Canadian bank account it looks more like he was self employed in Canada and not self employed in the UK.


Thanks everyone for your replies. 

Hi Joanne, my husband is a freelance writer and travels a lot for work so while he is a UK resident and citizen, he very frequently works from abroad and submits work to his employers from other countries. 

While he may have worked in a number of locations due to his work being freelance he has declared this income in the UK where he is resident and provided evidence that he has registered as self-employed and HMRC - this has been done when he returned and income has been declared for tax in this country. 

My lawyer has suggested we write a letter to the UKBA requesting an administrative review and stating the reasons why the refusal was incorrect. 

Has anyone heard of this process or been through it?


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## diverseyharbor (Mar 26, 2013)

What I'm confused is that if your husband is filing taxes in the UK and is self-employed he is in fact registered on the tax form as 'self-employed' so I'm not sure why they say he wasn't registered as this. Or maybe I'm incorrect? 

We are going through the same stuff now, but the self-employment money is going in/out out of the uk and is a uk business. I'll have to see. I'm going to pay to expedite and see if I run into any similar issues.


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## fufu24 (Mar 13, 2013)

diverseyharbor said:


> What I'm confused is that if your husband is filing taxes in the UK and is self-employed he is in fact registered on the tax form as 'self-employed' so I'm not sure why they say he wasn't registered as this. Or maybe I'm incorrect?
> 
> We are going through the same stuff now, but the self-employment money is going in/out out of the uk and is a uk business. I'll have to see. I'm going to pay to expedite and see if I run into any similar issues.


Exactly - we had all the HMRC docs etc. That's why we believe the UKBA office made an error. 

I've spoken to 3 different lawyers who have said the UKBA assessed our application incorrectly but our only 2 options are to appeal (6 months maybe longer), or to submit a fresh application which will mean having to pay again but at least it's quicker. We've already been apart 6 months. 

We're in the process of putting together a fresh application via a well-known immigration law firm who will take control of the application from start to finish so there is no room for confusion this time. 

FINGERS CROSSED.

Good luck with your application!


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## diverseyharbor (Mar 26, 2013)

I know and respect the process, but wow. It's hard when you hear stuff like this to just trust the application you are making, isn't it! Keep us updated on your progress and appeal!


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