# Spouse visa rejected because financial requirement wasn't fulfilled



## Floyd061 (Apr 25, 2013)

Hi,
My wife has got an indefinite leave to remain. I was a student. We got married in the Uk and applied for a spouse visa. My wife had been working for four months and her salary is above the Ukba criteria. Our application got rejected because minimum requirement was for six months. But now her 6th month is over and we have sent her 6th months' pay slip along with the appeal form.
What are the odds of my visa application getting approved and what are the steps i should take in future.
I would be grateful for any tips or suggestions.
Thanks a lot.


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## nyclon (Apr 3, 2011)

Floyd061 said:


> Hi,
> My wife has got an indefinite leave to remain. I was a student. We got married in the Uk and applied for a spouse visa. My wife had been working for four months and her salary is above the Ukba criteria. Our application got rejected because minimum requirement was for six months. But now her 6th month is over and we have sent her 6th months' pay slip along with the appeal form.
> What are the odds of my visa application getting approved and what are the steps i should take in future.
> I would be grateful for any tips or suggestions.
> Thanks a lot.


The instructions are very clear about needing 6 months worth of pay slips and other financial information. You don't have a basis for appeal. You can't send new information with an appeal and the missing pay slips are new information. You option is to reapply and make sure that you have all the required documents.

Please don't double post.


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## Floyd061 (Apr 25, 2013)

nyclon said:


> The instructions are very clear about needing 6 months worth of pay slips and other financial information. You don't have a basis for appeal. You can't send new information with an appeal and the missing pay slips are new information. You option is to reapply and make sure that you have all the required documents.
> 
> Please don't double post.


Thank you for your quick reply mate. I got one last question. Now my visa has already expired. Do you think i can reapply from Uk or do i need to go back to my own country and make another fresh application.


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## nyclon (Apr 3, 2011)

Floyd061 said:


> Thank you for your quick reply mate. I got one last question. Now my visa has already expired. Do you think i can reapply from Uk or do i need to go back to my own country and make another fresh application.


You need to return to your home country to apply if your visa has expired.


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## Floyd061 (Apr 25, 2013)

Thank you very much mate.... I guess i'll have to wait till my hearing. But i'll set my mind to going back and arrange documents accordingly.
Best regards,
Sarin.


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## Floyd061 (Apr 25, 2013)

I have got my appeal hearing date in two weeks time. By now my wife has got 10 months payslip. Do I have any chance of winning the appeal???? Thank you in advance.


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## Leanna (Oct 22, 2012)

Floyd061 said:


> I have got my appeal hearing date in two weeks time. By now my wife has got 10 months payslip. Do I have any chance of winning the appeal???? Thank you in advance.


No. As Nyclon said, any payslips that she earned AFTER you originally applied count as new information and new information is not allowed under appeal.


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## Floyd061 (Apr 25, 2013)

Thanks Leana. I was thinking of hiring a lawyer hoping he can do something about it. Do you think that would be of any help? Since I am already in the Uk, I don't want to go back away from my wife for you never know how long it will take for u to reapply and come back. Is there any other way that you can suggest?


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## Leanna (Oct 22, 2012)

Floyd061 said:


> Thanks Leana. I was thinking of hiring a lawyer hoping he can do something about it. Do you think that would be of any help? Since I am already in the Uk, I don't want to go back away from my wife for you never know how long it will take for u to reapply and come back. Is there any other way that you can suggest?


Unfortunately I think you're at a bit of a dead end. UKBA are very strict about not allowing new documentation in appeals, and you clearly did not meet the requirements when you applied. Chances are at your heading your appeal will be refused and you will be given x amount of days to pack up and leave the UK. You will then have to make a fresh appeal from your home country. A lawyer isn't going to do you any good except cost you more money. 

Processing times will vary depending on what country you will be applying from. As you will have had a previous visa refusal (appeal refusal), keep in mind that all new applications will require additional scrutiny and slightly longer processing times than average.


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## nyclon (Apr 3, 2011)

I think Leanna means you'll need to make a fresh application from your home country.


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## Crawford (Jan 23, 2011)

Floyd061 said:


> Thanks Leana. I was thinking of hiring a lawyer hoping he can do something about it. Do you think that would be of any help? Since I am already in the Uk, I don't want to go back away from my wife for you never know how long it will take for u to reapply and come back. Is there any other way that you can suggest?


Your visa expired in April 2013. Have you remained in the UK following its expiration?


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## Leanna (Oct 22, 2012)

nyclon said:


> I think Leanna means you'll need to make a fresh application from your home country.


Yes, sorry that wasn't clear. Perhaps I shouldn't be posting on the forum on 16 hours of travel and jetlag! Thanks Nyclon


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## ddang (Jun 21, 2012)

Crawford said:


> Your visa expired in April 2013. Have you remained in the UK following its expiration?


That's the same thing I was wondering. If the OP has been in the country since his visa was expired then wouldn't he be classified as an over stayer and be even a more difficult problem for them? 

Or are they allowed to wait it out until after the appeal and then sent home if the appeal is refused?


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## Leanna (Oct 22, 2012)

ddang said:


> That's the same thing I was wondering. If the OP has been in the country since his visa was expired then wouldn't he be classified as an over stayer and be even a more difficult problem for them?
> 
> Or are they allowed to wait it out until after the appeal and then sent home if the appeal is refused?


Yes, generally while an appeal is in progress the applicant can remain in the UK until a decision is made. If the application is refused, then they are given a time period to leave the UK.


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## Floyd061 (Apr 25, 2013)

I had a hearing a few days back where the judge has adjourned the case for the end of January. Judge suggested that it would be easier if I put a fresh application. Now the question is am I allowed to withdraw my appeal and reapply when my visa has already expired? Will they consider me as an over stayer? ??? Or is there any other way???? Please help me. Thank you in advance.


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## AnAmericanInScotland (Feb 8, 2012)

Floyd061 said:


> I had a hearing a few days back where the judge has adjourned the case for the end of January. Judge suggested that it would be easier if I put a fresh application. Now the question is am I allowed to withdraw my appeal and reapply when my visa has already expired? Will they consider me as an over stayer? ??? Or is there any other way???? Please help me. Thank you in advance.


The judge has suggested you make a new application and it's a very good suggestion. So to answer your question:

It's my understanding that if you:

Immediately withdraw your appeal (citing the judge's suggestion for a new application as your reason for withdrawal) THEN:

Immediately leave the UK AND:

Upon return to your home country reapply, adding a letter of explanation as to why you were in the UK after your visa expired:

That you may not be considered an overstayer for the purposes of refusal IF:

Your initial application was made BEFORE your visa expired. 

Once an application (and any subsequent appeal) is made, the applicant's immigration status is considered to be extended for the length of the application determination and (if any) subsequent appeal. 

However, if you didn't make the initial application until AFTER your visa expired, you will be considered an overstayer. You will have to work very hard at explaining why you've flouted immigration rules if this is the case, and your explanation may not satisfy. 

You keep asking if there is any way around your predicament, and really, there isn't.

Withdraw your appeal, go back to Nepal, and make a new application with the new evidence showing your spouse meets the financial requirement. Add a letter explaining why you withdrew your first application, any overstaying you may have done outside of the extensions automatically granted those awaiting a determination.

Since you state your spouse is here on an ILR, the two of you may wish to consider taking up your married life in one or the other of your home countries as the quickest way to be together as a married couple.


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## Floyd061 (Apr 25, 2013)

Thank you very much for the advice. I was curious to know if it would be all right to to withdraw the appeal and start a fresh application whilist I am in the UK. Because the judge adviced me to think about fresh application but never mentioned anything about going back to my home country and then applying. Moreover, tribunal has lodged a case to home office regarding minimum threshold income requirements. This is what is giving me some hope. Please correct me if I am wrong.And by now my wife has already got payslips of 12 months.


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## AnAmericanInScotland (Feb 8, 2012)

Floyd061 said:


> Thank you very much for the advice. I was curious to know if it would be all right to to withdraw the appeal and start a fresh application whilist I am in the UK. Because the judge adviced me to think about fresh application but never mentioned anything about going back to my home country and then applying. Moreover, tribunal has lodged a case to home office regarding minimum threshold income requirements. This is what is giving me some hope. Please correct me if I am wrong.And by now my wife has already got payslips of 12 months.


I'm sorry, but you are wrong - you can wait until January to hear the judge tell you the determination has been that your appeal has failed (because that will 99.9% surely be the determination) whereupon you MUST leave the UK or become a very unwelcome illegal overstayer. 

The very best thing you can do now is return to your home country and make a fresh application with the new evidence of your spouse's ability to meet the financial requirement. 

Do not take hope from the pending case, the case re the minimum threshold is A-going to take years to decide, if ever, and B-has already been challenged by the Home Office's statement that they do not ever intend to lower the minimum and in fact plan to adjust it upwards over time.


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## Floyd061 (Apr 25, 2013)

Thank you for the reply. Over stayer is the last thing that I want to be. Yup I think I should pack my bag asap if I want to come back and live with my wife. Thank you for the help. Highly appreciate it.


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## AnAmericanInScotland (Feb 8, 2012)

Floyd061 said:


> Thank you for the reply. Over stayer is the last thing that I want to be. Yup I think I should pack my bag asap if I want to come back and live with my wife. Thank you for the help. Highly appreciate it.


Believe me I know how hard it is to leave one's spouse - I had to leave mine three weeks after the wedding in order to comply with immigrations rules in effect at the time. I returned to the US and getting my spouse visa took four of the longest months of my life. To say it was awful is the understatement of the century!

The oxen are slow but the wheel does turn - make the fresh application, hang in there (as we say in America), and before you go completely mad from the anxiety you will more than likely have your visa permitting you a legal return to the UK. 

Best wishes to you, please update with your progress


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