# Help! Spouse visa application refused



## doraz (Dec 31, 2014)

Hi, there,

I applied for FLM spouse visa in November and just got refused. I found this forum and hope I can get some advice from people here. 

I am Chinese and my husband is English. We met in 2012 when I was volunteering in Devon, and moved to London together in 2013 when I did my masters. We got married in October. 

The reasons the Home Office refused my application are:

1. Financial Requirement

I submitted my husband's wage slips however did not hand in 6 months bank statement or the letter from his employer. Therefore they did not take his earnings into account even though we do meet the requirement. 

2. Consideration of Exception EX1

We don't have children and I haven't demonstrated any reason why our relationship cannot continue in my country of origin. 

In fact, I didn't write down any reasons why we cannot live outside of the UK on the application form. 

3. Private Life

I have only been living in the UK for 2 years and 2 months (less than 20 years and not half my life). so they say 'it is not accepted that there would be very significant obstacles to your integration into China, if you are required to leave the UK because as you have spent the majority of your life in your home country you will be accustomed to the way of life there and also your family are still residing in China and will be able to assist you in relocating to your home country. Consequently, you fail to meet the requirement of paragraph 276ADE(1)(vi) of the Immigration Rules'


I am not entitled to appeal this decision either as my current student visa is still valid until 22nd of January. 

SO MY QUESTION IS:

WHAT SHOULD I DO? SHOULD I COMPLAIN TO HOME OFFICE AS THEY NEVER CONTACTED ME FOR ADDITIONAL DOCUMENTS? OR SHOULD I MAKE A FRESH APPLICATION? 

IF I MAKE A FRESH APPLICATION, HOW SHOULD I DEAL WITH THE 2nd and 3rd REASONS OF REFUSAL??

If i claim that my husband's career is on the rise and he is also doing a course. Besides he cannot speak Chinese. It will thus be very difficult for him to move to China and integrate into Chinese society and culture. On the contrary, I have been in the UK for more than two years and I have always been keen on British culture since I was a kid. And as a cultural expert from an anthropological background as well as a bilingual speaker, I am able to contribute my knowledge and skills to the local business in the UK and British economy. IS THIS CONVINCING?

Thanks a lot!!! I look forward to your advice!!! And HAPPY NEW YEAR!


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## nyclon (Apr 3, 2011)

We can better help you if you type out the the exact reasons for refusal leaving out personal details.


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## doraz (Dec 31, 2014)

nyclon said:


> We can better help you if you type out the the exact reasons for refusal leaving out personal details.


*
Financial Requirement*
"You have failed to provide the specified documentation to evidence that your spouse had an annual income of 18,600 prior to the date of your application. Although you have submitted wage slips you have failed to provide the corresponding 6 months bank statements that confirms the wages going into his account, or an employers letter or employment contract. Therefore the earnings that you have claimed can not be taken into account. 

You therefore fail to fulfil E-LTRP3.1 TO E-LTRP3.3 of Appendix FM of the Immigration Rules"


"You have not demonstrated any reasons why your relationship cannot continue in your country of origin. You therefore fail to fulfill EX.1(b) of Appendix FM of the Immigration Rules

You have failed to fulfill the requirements of the Immigration Rules under Section D-LTRP 1.2 of Appendix FM of the Immigration Rules for leave on the basis of your family life and not demonstrated any reasons why there would be insurmountable obstacles to your relationship continuing in your country of origin. You therefore fail to fulfill EX.1(b) of Appendix FM of the Immigration Rules. 

Therefore your claim is refused under Section D-LTRP.1.3 of Appendix FM of the Immigration Rules and it is considered that your removal is proportionate in pursuit of a legitimate aim under Article 8(2) of the European Convention of Human Rights.

Your application has therefore been refused under Paragraph D-LTRP 1.3 with reference to R-LTRP 1.1 (c) E-LTRP 3.1 to E-LTRP 3.3 and R-LTRP 1.1 (d) EX1 (a) &(b)."
*

Private Life*

"it is not accepted that there would be very significant obstacles to your integration into China, if you are required to leave the UK because as you have spent the majority of your life in your home country you will be accustomed to the way of life there and also your family are still residing in China and will be able to assist you in relocating to your home country. Consequently, you fail to meet the requirement of paragraph 276ADE(1)(vi) of the Immigration Rules

Your application has therefore been refused under Paragraph 276CE with reference to Paragraph 276ADE 1(iii)-(vi) of HC395 (as amended)."


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## Whatshouldwedo (Sep 29, 2013)

I am sorry your application was refused but it was because you did not supply the necessary documents to evidence you met the financial requirements, ie six months of bank statements. Even though UKVI may request further documents, they are not obliged to do so. 

Consideration under Exceptions and Private life only kick in when you have failed to meet the requirements as far as I am aware. 

I would advise you to apply again, this time ensuring you submit all necessary documents. You can list them here in the forum before sending them off to make sure the list is complete.


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## doraz (Dec 31, 2014)

Whatshouldwedo said:


> I am sorry your application was refused but it was because you did not supply the necessary documents to evidence you met the financial requirements, ie six months of bank statements. Even though UKVI may request further documents, they are not obliged to do so.
> 
> Consideration under Exceptions and Private life only kick in when you have failed to meet the requirements as far as I am aware.
> 
> I would advise you to apply again, this time ensuring you submit all necessary documents. You can list them here in the forum before sending them off to make sure the list is complete.


Thanks for your reply!!!

It is my fault not to provide enough documents. I will submit his bank statements and the letter from his employer as well as the employment contract if I make a new application.

Do you really think it should be okay as long as we demonstrate we meet the financial requirement? We are very worried now as my current visa is running out soon. And its more difficult for him to relocate to China with me.


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## Whatshouldwedo (Sep 29, 2013)

Nobody can say for sure that you will be approved but once you fulfil all the requirements, you stand a good chance. Your recent refusal may delay the process. Including six months of bank statements (originals unless stamped by the bank or accompanied by a letter headed letter from the bank) along with payslips, contract and letter from employer will ensure financial requirements are being met. Make sure your accommodation and relationship evidence is adequate too.


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## doraz (Dec 31, 2014)

Whatshouldwedo said:


> Nobody can say for sure that you will be approved but once you fulfil all the requirements, you stand a good chance. Your recent refusal may delay the process. Including six months of bank statements (originals unless stamped by the bank or accompanied by a letter headed letter from the bank) along with payslips, contract and letter from employer will ensure financial requirements are being met. Make sure your accommodation and relationship evidence is adequate too.


They didn't say anything towards the documents about accommodation and relationship in my last application. I did write down every housemates names and ages in the application form, and submitted the tenant contract with our joint names. Are there any other documents necessary for the accommodation?

As to the relationship evidence, I submitted the marriage certificate, photos of us traveling, flight tickets and a letter/ statement, as well as the required correspondence documents to demonstrate we have been living in the same address.

Please let me know if you think there is anything we should consider/ do. thanks a lot!!!


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## doraz (Dec 31, 2014)

Also, for the reasons why we have to continue our relationship in the UK, any suggestions?

I would say that my husband recently got promotion and his career is on the rise. Meanwhile he is a student now doing some professional qualification course and planning to apply for uni to enroll either this September or next. Moreover, he cannot speak any other language apart from English and his career or study could not continue if leaving the UK. On the other hand, I am familiar with British culture and as an anthropologist I am a cultural expert and I can contribute my knowledge and skills (including bilingual advantage) to the local business in the UK thus contribute to the UK economy. 

Is the above statement convincing enough? 

I am actually starting a new job next week but will be on trial for three weeks. Shall I still mention it in my application and ask for a reference letter from my employer?? 

My husband's mum is also very sick. Should we also get her medical certificate as a supporting document to demonstrate that we have to stay in the UK? Although her mum is living in South West England while we are living in London.


Please give me some advice. Thanks a million!!!


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## chiefteaofficer (May 27, 2014)

This isn't helpful advice, but I completely don't understand their "reason" for saying "why don't you just stay in China? There's no reason you can't." Well yeah there is, her partner is in the UK...... Doesn't make any sense to me. It's like, not even a reason.


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## doraz (Dec 31, 2014)

I have a question in relation to accommodation:

Is the tenancy agreement enough as the supporting document? I read about the property inspection report, is that required? I did not have it last time when I applied and the Home Office didn't say anything about our accommodation.

We also asked the estate agent to write us a reference letter, is there anything necessary to be covered in the letter, apart from that we have been living here for so long and always paid the rent on time?


Thanks guys!!


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## nyclon (Apr 3, 2011)

doraz said:


> I have a question in relation to accommodation: Is the tenancy agreement enough as the supporting document? I read about the property inspection report, is that required? I did not have it last time when I applied and the Home Office didn't say anything about our accommodation. We also asked the estate agent to write us a reference letter, is there anything necessary to be covered in the letter, apart from that we have been living here for so long and always paid the rent on time? Thanks guys!!


You need a tenancy agreement, a council tax or other bill and a letter of permission from the landlord for the spouse to live there. You only need a property inspection if you are sharing accommodation with friends or family to ensure there is no overcrowding.


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## doraz (Dec 31, 2014)

nyclon said:


> You need a tenancy agreement, a council tax or other bill and a letter of permission from the landlord for the spouse to live there. You only need a property inspection if you are sharing accommodation with friends or family to ensure there is no overcrowding.


Thanks!! I have a tenancy agreement (our rent is all bills inclusive) and a letter from the estate agent to say that we have been living here as a couple and always paid our rent on time etc.


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## Water Dragon (Jun 28, 2011)

doraz said:


> Thanks!! I have a tenancy agreement (our rent is all bills inclusive) and a letter from the estate agent to say that we have been living here as a couple and always paid our rent on time etc.


If you have roommates, you will need to include a property inspection report to prove no overcrowding. You also should be paying council tax and have proof of that with your names listed (it is very rare for landlords to pay council tax).


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## doraz (Dec 31, 2014)

Thanks for your answers guys!! I have prepared all the documents and am going to reapply next week. I made a list of my supporting documents and hope that you can go through it and tell me if you think there is any problem or anything I forget!! Thanks a lot!!!!

1. My passport and my husband's passport
2. My husband's birth certificate 
3. Appointment confirmation letter
4. Application Payment sheet
5. Application form FLR (M)
6. Photos of myself and my partner (passport size)
7. My police registration certificates
8. our Marriage certificate
9. My husband's payslips and bank statements for the whole 2014
10. My husband's employment letter and contract
11. My husband's P60 from last April
12. Correspondence to me and my husband
13. My master's statement and transcript from my university in London
14. My IELTS result 
15. My employment letter and contract (although I just started working this month so it would not be counted in the financial requirement)
16. Statement from my husband's college 
17. Reference letter from the charity I volunteered, from professors in my uni, from my British friends
18. A postcard from my husband's granny 
19. Cover letters written by my husband and me
20. flight tickets from our previous travel together and photos of us together during the past two years
21. Tenant agreement and a letter from the landlord.


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## nyclon (Apr 3, 2011)

What category are you applying under?

What do you mean appointment confirmation letter?


You don't need:

birth certificates
master's statement and transcripts
your employment-if not using to meet the requirement then leave it out
16, 17, 18 and 19


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## doraz (Dec 31, 2014)

nyclon said:


> What category are you applying under?
> 
> What do you mean appointment confirmation letter?
> 
> ...


Hey I am applying under FLR(M): spouse of a British citizen

I booked an appointment with the Premium Service centre, therefore I need to bring the confirmation letter when I attend.

My master's statement and transcript is required in relation to the English language..


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## nyclon (Apr 3, 2011)

What financial category are you applying under?

If you are including your IELTS result then you don't need your master's degree.

You may have wasted your money on an in person appointment. Your visa refusal makes your application more complicated and the chances that it will be decided on the day are slim. It will need extra scrutiny as they will need to investigate the reasons for refusal.


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## doraz (Dec 31, 2014)

nyclon said:


> What financial category are you applying under?
> 
> If you are including your IELTS result then you don't need your master's degree.
> 
> You may have wasted your money on an in person appointment. Your visa refusal makes your application more complicated and the chances that it will be decided on the day are slim. It will need extra scrutiny as they will need to investigate the reasons for refusal.


Financial category is 7.3A salary from employment, without children.

I know I only need either a language test or an academic degree. My IELTS was taken more than two years ago so I just added that. My masters degree would be more valid. 

I booked the appointment as my current visa is expiring next week too and I would like to know the result asap. I am currently working as well, if my visa expires then my employment has to terminate. 

The main reason I was refused last time is that I didn't submit the corresponding bank statements so they didn't take the payslips into account and decided that we didn't meet the financial requirement. So hopefully it won't be that complicated. Fingers crossed!


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## nyclon (Apr 3, 2011)

Have you not read FM 1.7? You need to choose a category A, B , C, D, E, F or G.

https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf

Leave out you test score and only include your masters. 

You will not get a same day decision. While your applicatin is being processed you are covered by the terms of your previous visa even if it expires in the meantime.


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## doraz (Dec 31, 2014)

nyclon said:


> Have you not read FM 1.7? You need to choose a category A, B , C, D, E, F or G.
> 
> https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf
> 
> ...


Its category A: with current employer for more than 6 months.


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## nyclon (Apr 3, 2011)

doraz said:


> Its category A: with current employer for more than 6 months.


Then you only need 6 months of pay slips and bank statements along with the letter of employment. You don't need 12 months worth of information. That is what you would need under Category B. Including too much info can only cause confusion. P60 and contract should be included as well if you have them.


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## doraz (Dec 31, 2014)

nyclon said:


> Then you only need 6 months of pay slips and bank statements along with the letter of employment. You don't need 12 months worth of information. That is what you would need under Category B. Including too much info can only cause confusion. P60 and contract should be included as well if you have them.


My partner has been employed with the current employer for more than a year now. But in the beginning he was on a zero contract until in July he was promoted and got a permanent contract. Therefore his current gross annual salary started from July (it has been 6 months now). 

In this case, you still reckon I only need to submit the past 6 months of pay slips and bank statements? 

Thanks so much for your answers!


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## nyclon (Apr 3, 2011)

Read FM 1.7. You only need to include the information which supports the category you are applying under. 

Also have you included photos of your wedding and from throughout your relationship?


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## doraz (Dec 31, 2014)

nyclon said:


> Read FM 1.7. You only need to include the information which supports the category you are applying under.
> 
> Also have you included photos of your wedding and from throughout your relationship?



You are right. I think maybe its better to just submit 6 months financial supporting documents to avoid confusion.

yeah I did include photos of us together during the past two years, although I didn't include our wedding photos. We didn't have a huge wedding just a simple one with a few friends, I do have the digital photos in my computer.


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## doraz (Dec 31, 2014)

Hey I have a further question. I just realised that I forgot to change the marital status on my police registration certificate...

Does it affect my visa application or do I have to go to the police to change it before applying for my visa?

Thanks!


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## tribalmallrats (Nov 19, 2014)

doraz said:


> Hey I have a further question. I just realised that I forgot to change the marital status on my police registration certificate...
> 
> Does it affect my visa application or do I have to go to the police to change it before applying for my visa?
> 
> Thanks!


Police only change accommodation or occupation information? The marital status is only a box we tick. As long as you haven't change accommodation or occupation without informing the police it should be okay.


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## ashkevron (May 1, 2012)

Just make sure all your documents (and bank statements in particular) are original and not internet print-outs.


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## Sham12345 (Oct 16, 2014)

doraz said:


> My partner has been employed with the current employer for more than a year now. But in the beginning he was on a zero contract until in July he was promoted and got a permanent contract. Therefore his current gross annual salary started from July (it has been 6 months now).
> 
> In this case, you still reckon I only need to submit the past 6 months of pay slips and bank statements?
> 
> Thanks so much for your answers!


my situation is the same as your husband i was first head staff with my employer then got promoted to assistant manager with the same employer i included both contracts in my application just to reflect the pay rise on my payslips and also included my p60. my emploment letter stated all this too. hope this helps


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## nyclon (Apr 3, 2011)

doraz said:


> You are right. I think maybe its better to just submit 6 months financial supporting documents to avoid confusion.
> 
> yeah I did include photos of us together during the past two years, although I didn't include our wedding photos. We didn't have a huge wedding just a simple one with a few friends, I do have the digital photos in my computer.


Definately include photos of the wedding. It doesn't matter that it was small. Print them on photo paper.


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