# spouse visa refused! need advice



## britishbengali (Jan 23, 2016)

Hi im very upset and distraught i just got informed by my wife the spouse visa which i applied for recently has been refused by new delhi(my wife lives in bangladesh)due to not meeting financial requirements,
I earn £18507 from my main job and i have part time job in a restauarant which is paid cash in hand 4 weekly of £250 i supplied wages slips for these which have been accepted but they have refused it on the grounds that the part time wages are not showing being deposited in my bank account
on the decn letter is says 
Your application has been refused because your documents do not satsifactoraiily deomstrate that you meet the financial requirements rather than lack of documents.I am therfore satisfied that i do not need to apply evidenital flexiibility.

I intend to appeal against this my part time employer pays all his staff cash in hand so thats why there is no deposits showing if i can get a letter from him or his accountant confirming this will this help do you think?


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## Joppa (Sep 7, 2009)

No point in appealing as you have been correctly turned down. In case of cash payment, the entire amount must be deposited in a bank for the gross amount to count, or if you only deposit part of the money received, only the net value of actual deposit made. As you didn't deposit any of it in the bank, none of it counts. It's all explained in FM1.7 guidance.


> 5.5.10. The gross amount of any cash income may be counted towards the financial requirement, where the correct tax has been paid on that income and where all the relevant evidential requirements in Appendix FM-SE are met. Where a person’s payslips show their gross cash income and the tax paid, and their specified bank statements show all of that post-tax income, they can count the gross amount of the cash income shown on the payslips towards the financial requirement. But, where that person’s specified bank statements only show a proportion of that post-tax income, only the amount shown on the bank statements can be counted towards the financial requirement.


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## britishbengali (Jan 23, 2016)

here is the letter

>>snip<<


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## Joppa (Sep 7, 2009)

Yes, I understand all that. As I said, you have been correctly turned down for not depositing your cash pay in your bank account. This is compulsory. All you can do is to start depositing your cash pay, and re-apply when you can meet the requirement.

I suggest you blank out names and other personal details and repost the letter.


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## britishbengali (Jan 23, 2016)

it dosent give me option to edit my prev post in your opinion whats the best course of action in respect to making a fresh application this application has wiped me out financially and il have the funds for a new application but i dont have the money to visit my wife in bangladesh if make new application, that will make it 2 years since i saw her, we keep in touch regulalry on whatsapp and viber, they must have accepted this being a genuine relationship as they made no mention of any other rejction reasons, im worried becuase i havent seen her on my next application they may choose reason no proof of genuine relationship etc, thoughts?


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## WestCoastCanadianGirl (Mar 17, 2012)

Your _only _ option is to spend the next 6 months (or more) paying in the £££ from your part time job into the bank and then re-applying once you have 6 months worth of bank statements showing the deposits.

As Joppa has specified, you were _correctly_ refused your wife's spousal visa and really don't have any grounds for an appeal. It doesn't matter if you pay into your account at the bank and then turn around and withdraw all of the money again from the bank's cash point... the point is that the ECO wants to see proof that the funds actually make it to the bank. Yes, I think it's silly that you have to do it like that (visit the bank to pay in and then go to the cash point to withdraw it again), but if that's the proof that they want, then that's what you need to do to satisfy the financial requirement.

In regards to your not being able to go to Bangladesh this year... 6 more months of physical separation with continued contact via Whatsapp/Skype/Viber etc isn't going to be held against you, especially as it wasn't made an issue of in your recently refused application (besides, the Home Office knows that it's expensive to travel overseas and that not everyone can afford to go on a long haul flight on a regular basis, so they're willing to give you some slack in that regard).


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## britishbengali (Jan 23, 2016)

ive been advised by immigraiton solicitor i wont win appeal on this so i will have to make a new application in 6 months  whats annoying is i assume i will have to supply the docs again one of the letters was a letter from my emplyer confirming my job and how long ive been there , when the application is rejected do we get the original docs back?


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## WestCoastCanadianGirl (Mar 17, 2012)

britishbengali said:


> ive been advised by immigraiton solicitor i wont win appeal on this so i will have to make a new application in 6 months  whats annoying is i assume i will have to supply the docs again one of the letters was a letter from my emplyer confirming my job and how long ive been there , when the application is rejected do we get the original docs back?


Did you supply copies of the originals?

If so, then you should receive most, if not everything back.

If not, then you'll have to go and source new copies of the items that aren't returned to you.


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## nyclon (Apr 3, 2011)

britishbengali said:


> ive been advised by immigraiton solicitor i wont win appeal on this so i will have to make a new application in 6 months  whats annoying is i assume i will have to supply the docs again one of the letters was a letter from my emplyer confirming my job and how long ive been there , when the application is rejected do we get the original docs back?



Your employment letter should be no more I tan 28 days old at the time of application so you need a new one anyway.


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## Joppa (Sep 7, 2009)

britishbengali said:


> ive been advised by immigraiton solicitor i wont win appeal on this so i will have to make a new application in 6 months  whats annoying is i assume i will have to supply the docs again one of the letters was a letter from my emplyer confirming my job and how long ive been there , when the application is rejected do we get the original docs back?


Is it the same solicitor who advised you with your application? If so, they are partly to blame for not pointing out the need for bank deposit of your cash pay. It's a bit rich saying you won't win your appeal if they misled you in the first place.


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## britishbengali (Jan 23, 2016)

thanks for that reply also my wife pass her IELTS english exam in nov 2015 i read some where its valid for 2 years is this correct also i got a property inspection report which i obviously paid money for do i have to get another one of those?


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## Joppa (Sep 7, 2009)

Ielts test result should be able to be reused, and I'd say property inspection too if you ae moving into the same property.


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## britishbengali (Jan 23, 2016)

oh im already liveing there(have been for over 25 years) its just with doing another visa application 6 months down the liine as you can appreciate i dont want to take any more chances after being rejected once already i know my bank docs and letter from employer has to be within 28 days it dosent mention anything about the property inspection i looked up the ielts certificate and its valid for 2 years so thats at least one thing my poor wife doent have to go through again.


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## Joppa (Sep 7, 2009)

Was it the same solicitor who told you not to bother with an appeal?


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## britishbengali (Jan 23, 2016)

no joppa this is a different solicitor who i got this info from, just the thought of going through this process again in another 6-8 months makes me want to bang my head against a wall, i know im not alone in this situation im sure thousands of people are going through this long and sometimes complex process thanks for all the help and advice given, i hope the proposed visa fee increases in april arent too high, gulp


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## Joppa (Sep 7, 2009)

Pity you were badly advised prior to submitting your application. If you had asked us, we would have told you that you would be refused for not banking your cash pay.


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## britishbengali (Jan 23, 2016)

Joppa said:


> Pity you were badly advised prior to submitting your application. If you had asked us, we would have told you that you would be refused for not banking your cash pay.


sorry to reopen a old thread but just to let you know joppa and everyone else
finally visa application for my wife has been granted!! 
22 months since i last saw her its been horrible but finally its over thanks for all the info and 
good luck to everyone trying to get their loved ones to join them. 
By the way i dont know if anyone is aware there was a legal challenge to the financial requirment on the spouse visa bit back in feb it went to supreme court
a decision was expected within 6 months but this has not happened yet so keep your eyes peeled there may(no not theresa) be soo good news, good luck everyone!


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## WestCoastCanadianGirl (Mar 17, 2012)

britishbengali said:


> sorry to reopen a old thread but just to let you know joppa and everyone else
> finally visa application for my wife has been granted!!
> 22 months since i last saw her its been horrible but finally its over thanks for all the info and
> good luck to everyone trying to get their loved ones to join them.
> ...


Sadly, this isn't news - there has been a challenge against the income requirement in existence for several _years_... I wouldn't hold my breath that a definitive outecone will come any time soon, as the Home Office is very likely to appeal this to the highest extent, if the decision is _not_ in their favour... they're trying to reduce net migration and this income requirement is one way in which they're trying to achieve their target. 

Congratulations to you and your wife - your struggle is over, for the moment, but for others (who are having difficulty with the income challenge), the fight is far from done.


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## britishbengali (Jan 23, 2016)

sorry to bring up an old post but just saw this on bbc news

The Supreme Court is to rule on whether an income barrier stopping thousands of British citizens from bringing a foreign spouse to the UK is lawful.

As of 2012, Britons must earn more than £18,600 before a husband or wife from outside the European Economic Area (EEA) can settle in the UK.

Finally some news ive been following this for over a year good luck everyone!!


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## skyf (Mar 26, 2015)

Should the Supreme Court rule against the UK Government, it is likely a New Bill will be put through Parliament which supports the Government's Policy.


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