# Spouse visa refused twice



## Inaya (Oct 12, 2012)

Hi everyone, 

Ive applied for my husbands visa twice now and this time round they have refused on all irrelevant points.

here is a summary of my case. we got married in Oct 2010 then i lived with my husband in dubai for 2 years, came back to the uk to settle in july 2012. i luckily found two jobs in aug 2012 which met the financial criteria 18, 600. we have a daughter together who is now 21 months and was born in the uk, therefore is british citizen. im expecting my second child in sept 2013, and he will also be born in the uk. 

Once the papers were all complete i sent them over to dubai tro my husband to submit, and we submitted them in early march 2013. we got a quick reply from there which was a refusal. on the basis the ECO didnt think i provided enough information for my second weekend job. he mentioned contract and p60. so i said fair enough and waited till we had the p60. we made a fresh application again because we cant wait for the appeal as it takes longer and we want my husband to be here for the birth our second child. we submitted my midwife notes and hospital appointments along with the application stating how why we are making a fresh application and not an appeal. 

Once submitted on the 15th april with the extra contract and p60 and above mentioned documents and updated payslips and bank statements. we got the following reply:

'Your sponsor is not exempt from the financial requirements as defined paragraph e ecp3.3. i am not able to take into any potential employment you have available to you in the UK. or any offers of financial support from third parties. in order to meet the financial requirements of the rules your sponsor needs a gross income of atleast 186000 etc. as you have one child and another child soon to be born you require 24, 800. you and your sponsors income from all other incomes sourses including investment rental and pension income is 19,740 per annum. in order to qualify you and your sponsor require(5060 x 2.5= £12650). in savings in order to meet the financial requirements. you have provided a barclays bank statementsas evidence of funds. however barclays have not been able to verify this statemt and funds contained as genuine. therefore, this statement is not sufficient to meet the financial requirements. i therefore refuse our application under the paragraph ecp. 1.1 (d)of appendix FM of the immigration rules (E-ECP 3.1).

I am so confused why this reply has come as i have not said im exempt from financial requiremts. in this case what should i do?

p.S. i also submitted myfirst refusal letter with the application. clearly shows they have rear the case properly.


----------



## fergie (Oct 4, 2010)

It would be better for you to ask your husband to get work in UAE, and bring you and the family there to live, and for him to look after you and support your expanding family, like husbands should. If you left soon you could have your baby in UAE, and he could be present.
You surely can't be expected to go back to work after having two children, in order to sponser your husband in Uk, when he might not even find work, as unemployment levels are high.


----------



## Inaya (Oct 12, 2012)

He does work in the uae and has been doing for the past 8 years. he is a very good husband which provides well for us. however it is my choice to move back to my home country and it is my human right to live here as a family with my children and husband.


----------



## stormystorms (Feb 19, 2013)

"however barclays have not been able to verify this statemt and funds contained as genuine. therefore, this statement is not sufficient to meet the financial requirements."

Oh my! Does this really happen???? How can the bank not be able to verify it if its a truthful claim?


----------



## Inaya (Oct 12, 2012)

I dont know why they would check with my bank in the first place as i have roughly 15000 in there but i didnt even mention it as being savings, also i only put bank statements in there like the requirement to show how much income is coming from my emolyoment.


----------



## MacUK (Jul 3, 2012)

What intrigues me even more is that on the application forms it is clearly stated that children who are British Citizens are not counted towards the financial requirement. 
And the ECO has mentioned that you need an income of almost 25 000 £ ?!


----------



## stormystorms (Feb 19, 2013)

Why is the UKBA making these mistakes?? It's so unnerving to think about. They literally have the lives of people in their hands. You'd think they would be more careful!


----------



## MacUK (Jul 3, 2012)

They have made a mistake unless the OP did not include proof that her children are British, but I'm sure she did. 
Also, the first time they refused her they have stated that she needs to enclose a job contract and P60 - which was clearly not available since it was not issued. 
However in the absence of a job contract they just added the p60 as a reason.


----------



## Inaya (Oct 12, 2012)

the online application clearly asked where she was living and what her passport number is etc , all the details were given and in the cover letter i also stated that im not appealing because i want my husband in the uk for the birth of our second child here in the uk. i provided exactly everything they wanted from my first refusal. 

im beginning to think they are making these mistakes because they knw of our situationa nd we wont give up and they will continue to have money coming in. 

in this senario what would anyone suggest i do ? apply again?


----------



## AmyD (Jan 12, 2013)

These are not mistakes. You didn't provide enough info, and what you did provide was fraudulent, or at least appeared fraudulent to the UKBA officers. Can you address that?


----------



## Inaya (Oct 12, 2012)

all the documents provided were original. including original bank statements, contracts from both jobs, housing letter from the local council saying i could stay with my parents as there is enough room, ilets exam results, pictures, marriage certificate, visa from when i lived in dubai, my passport copied and my childs, my original payslips. my p60. everything provided and required was orginal documents, if they thought this was fraudulent why would they not say that why would they allow appeal?


----------



## Inaya (Oct 12, 2012)

why is it in the first application they objected on the base of p60 and in the second where it is obvious that i have provided what they required the first time round, why would they go off the topic and raise points on my daughter and expecting child to b non british when all the evidence is there, and what i dont understand is the ECO talks about investment and pensions etc income when i have not mentioned anything on this part of the application.


----------



## AmyD (Jan 12, 2013)

What about the Barclay's statement that wasn't able to be verified with Barclay's? This was a very serious problem that you didn't address in your previous posts, and it is probably the main thrust of your refusal. 

It sounds, at the very least, that you were a bit sloppy with your application. I would remedy the problem with Barclay's immediately, and try again.


----------



## Inaya (Oct 12, 2012)

your right that i should speak to barclays about it. Do you think i should apply again?


----------



## AmyD (Jan 12, 2013)

I think you should get all your paperwork in order, make sure Barclay's can verify everything you submit with their name on it, and then apply again. 

Maybe retain an immigration advisor as well, since this looks like a complicated case. 

Also, are you British? I'm asking because the ECO believes your children are not, so I'm trying to figure out if that much is a mistake.


----------



## Inaya (Oct 12, 2012)

i am british by brith. so is my daughter. i clearly attached passport copies of both our passports and her birth certificate.


----------



## Crawford (Jan 23, 2011)

Inaya said:


> i am british by brith. so is my daughter. i clearly attached passport copies of both our passports and her birth certificate.


Do both you and your daughter have British passports?


----------



## Inaya (Oct 12, 2012)

Yes we r both british n hav british passports of which i sent copies of


----------



## mehemlynn (Nov 16, 2011)

I know you said bank statements were original, were they directly from the bank on letterhead, or printed from the computer? If printed they needed to be stamped and verified.

Did you recently move or change names, which would keep the bank from identifying you as the person whose account it is?

The information about the children is disturbing, as British children shouldn't count in the financial requirements.

In your case you also have the challenge that after the first refusal, your information would have been checked much more closely than someone who hadn't been refused.

Good luck in deciding upon your next move.


----------



## Inaya (Oct 12, 2012)

All the statements feom sept to march are on letterheads from the bank whichbi recieve via post. Ive lived at this house for 7years. Not changed my name ever not even after marriage


----------



## Guest (Apr 23, 2013)

UKBA is very clear about bank statements, they must either be originals or each page must be stamped as authenticated by the bank. We had each page authenticated and included a cover letter from our bank, just to be sure.


----------



## sabs (Aug 18, 2012)

Hi there, I wonder why the ECO counted your unborn child towards the financial requirement. 
At the point of application, you only have one child. So your unborn child, no matter what nationality he/she will hold shouldn't be included.
And of course, the bigger confusion is why at all your British kids were counted.


----------



## holborn (Jan 31, 2013)

fergie said:


> It would be better for you to ask your husband to get work in UAE, and bring you and the family there to live, and for him to look after you and support your expanding family, like husbands should. If you left soon you could have your baby in UAE, and he could be present.
> You surely can't be expected to go back to work after having two children, in order to sponser your husband in Uk, when he might not even find work, as unemployment levels are high.


what kind of a reply is that..??is that an advice u giving this lady or what??i don't get it..!!!it's the op choice to do what she sees fit for her case not yours,she asked a question and seeks advice not non sense reply and irrelevant to here case,please don't bother people if u are not keen to help..just stay away,u are clearly upsetting her or shall i say, irritating her and every body else here .


----------



## AmyD (Jan 12, 2013)

Just being born in the UK does not make your children British. How are they British?


----------



## KHP (Oct 25, 2012)

Um... I'm pretty sure you're British if your mother is British, you are born in the UK and you have a British passport. 

It sounds like the ECO has made a mistake to me.


----------



## holborn (Jan 31, 2013)

AmyD said:


> Just being born in the UK does not make your children British. How are they British?


come on guys aren't u reading properly,she mentioned so many times that she sent a copie of her daughter's passport with the application,its clear enough to me that the ECO is making the "mistake" by purpose and they just want to refuse again and cash in...!!!the ECO shouldn't include any prospect for a second child which is not even born yet,doesn't matters what he thinks,not his job to speculate or base his refusal on that..my guess is the 2nd refusal is unlawful and the op should appeal,because i think they are going to keep refusing her regardless of what she is going to provide next...she did already adress the first refusal by submitting whatever was requested and now when she did the second application,they just got another ground of refusal...
my advice is appeal and adress all what the ECO eared in and point out his mistakes and be patient,i t could take some time,but at the end of the day, the ENTRY CLEARANCE MANAGER,might overturn the decision sooner if u point out all the mistakes and u might hire an immigration adviser/solicitor..its very important that u get it the first time,no need for u to waste your time and then got reused for technicalities..i wish u good luck and let us know if there is any new updates.


----------



## AmyD (Jan 12, 2013)

Right. They care *that much* about her piddly application fees that they're trying to fleece her. The world doesn't work like that.


----------



## holborn (Jan 31, 2013)

AmyD said:


> Right. They care *that much* about her piddly application fees that they're trying to fleece her. The world doesn't work like that.


As far as i know,she is not the only one who got refused,if u have been long enough in this forum,u know better than me what's going on,thousands gets refused every year and we have seen cases where people don't know really how to handle situations like this one,and they keep paying,and the ukba keeps cashing in..so i tell u something,the world does work like that i'm afraid,i'm not an expert in immigration but i can spot where there is extortion when i see one,and this is just unlawful decisions made by just idiots,incompetent ukba staff,they report to no one,so they do what ever they want..i agree that maybe the first application wasn't that perfect and still then the ECO could contact the applicants to provide more evidence/payslips/bank statement/work contract/ect..but no..they just refuse,they know u would appeal or reapply,people are desperate and sometimes they don't do the right thing when they get a devastating decision..so they keep reapplying thinking it might work,they tell u what is missing in the refusal,and when u submit a fresh application with the so called missing evidence they give u another refusal..what the hell..??
you clearly never been in the same situation,so i don't expect u to understand.i have seen so may refusals that i can't count,and read about stupidest grounds of refusals that u can't even think of,but the ukba does i'm afraid,and this is the world we are living in and this is how it works in the world of the ukba,they decide ,no one else does..."the world work like that.
PS:they don't care ...her PIDDLY application fees mounts to more than £1700+ and more is coming,maybe u are rich but for some people its money..a lot of money and they are not getting value for money they spent,so please spear me the comments that they are not helping the op case,please advise accordingly to her case.that would be really and highly appreciate it,not from my point of view but from the OP view i guess.


----------



## skinnie58 (Apr 3, 2013)

If you were born in the UK before 1 January 1983

If you were born in the UK before 1 January 1983, you are almost certainly a British citizen. The only exception is if you were born to certain diplomatic staff of foreign missions who had diplomatic immunity.

Hi

Maybe this can help with the citizenship problem.

If you were born in the UK on or after 1 January 1983

If you were born in the UK on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:

a British citizen; or
legally settled in the UK.


----------



## holborn (Jan 31, 2013)

skinnie58 said:


> If you were born in the UK before 1 January 1983
> 
> If you were born in the UK before 1 January 1983, you are almost certainly a British citizen. The only exception is if you were born to certain diplomatic staff of foreign missions who had diplomatic immunity.
> 
> ...



THE OP mentioned already that her DAUGHTER has a BRITISH passport,therefore she is a BRITISH CITIZEN.


----------



## jave (Jun 12, 2013)

I feel sorry for you sister!! 

Please make an appointment with your MP and explain to him.

Also get a good lawyer (not some one without an experience or tricky consultant!!).All you need to provide loads of documents to prove each even though what you gave them is sufficient !!

Your case seems simple and it is so sad that they know it that it is genuine but they still hit families!!!


----------



## Cozak (Jun 25, 2013)

holborn said:


> As far as i know,she is not the only one who got refused,if u have been long enough in this forum,u know better than me what's going on,thousands gets refused every year and we have seen cases where people don't know really how to handle situations like this one,and they keep paying,and the ukba keeps cashing in..so i tell u something,the world does work like that i'm afraid,i'm not an expert in immigration but i can spot where there is extortion when i see one,and this is just unlawful decisions made by just idiots,incompetent ukba staff,they report to no one,so they do what ever they want..i agree that maybe the first application wasn't that perfect and still then the ECO could contact the applicants to provide more evidence/payslips/bank statement/work contract/ect..but no..they just refuse,they know u would appeal or reapply,people are desperate and sometimes they don't do the right thing when they get a devastating decision..so they keep reapplying thinking it might work,they tell u what is missing in the refusal,and when u submit a fresh application with the so called missing evidence they give u another refusal..what the hell..??
> you clearly never been in the same situation,so i don't expect u to understand.i have seen so may refusals that i can't count,and read about stupidest grounds of refusals that u can't even think of,but the ukba does i'm afraid,and this is the world we are living in and this is how it works in the world of the ukba,they decide ,no one else does..."the world work like that.
> PS:they don't care ...her PIDDLY application fees mounts to more than £1700+ and more is coming,maybe u are rich but for some people its money..a lot of money and they are not getting value for money they spent,so please spear me the comments that they are not helping the op case,please advise accordingly to her case.that would be really and highly appreciate it,not from my point of view but from the OP view i guess.


Could not have said it better myself, from the many cases I have seen and the number of shocking unlawful decisions made by the UKBA I too believe they are utterly incompetent to the core. Making a basic mistake of including British children in the financial requirement is utterly disgraceful. ECO should know the rules inside and out or they should not be let near an application, it is simple as that. If it were any other profession making this sorts of huge errors the employee would likely be sacked for gross incompetence. These are not decisions they should be taking lightly, they are life changing for the people involved and I feel ashamed that we live in a country making these sorts of ridiculous errors. It simply goes against basic decency to do this to people.

Also to the people posting negative comments on here, how about you try reading the thread properly and then get down off your high horses before making ridiculous statements that are simply going to make the OP feel even worse when they are clearly already devastated by the ridiculous decision handed down by the ukba. Stop being internet heroes, it won't win you any points.

I would appeal this decision, it is clearly ridiculous all on fronts. The bank statements are originals, the passports showing your children are British were submitted and you earned over £18600 so I really cannot see what mistakes you made here. if it makes you feel any better the ukba lose over 50% of the cases that go to appeal, further underlining my previous points that they make terrible unlawful decisions all the time, and so I'm sure that if you were to appeal then you would win.


----------



## Inaya (Oct 12, 2012)

So sorry for not replying earlier.inappreviate all the support n advice given. I took matermity early as it was getting too stressful for me.im in dubai atm with my husband.will b coming bak soon. I just needed some further advice if possible. Ive put in an appeal. Still nt heard anything. Judge didnt allow am early hearing and ecm still havnt responded bak. However as my due date for baby is approaching in sept i was wondering could i taKe my husbaNd to uk on visit visa or family visa for the birth of our child?


----------



## benthomas010 (Jun 5, 2012)

Good luck with your case and dont worry about those on here giving you grief and shall i say... "questionable responses". You'll get there in the end and it will all be worth it.


----------



## Inaya (Oct 12, 2012)

Trust me it doesnt matter to me what people say. Its a matter of opinion at the end of the day.shows some peoples mental capacity. Thanku for the helpful and positive feedbacks from many members on this forum.


----------



## Inaya (Oct 12, 2012)

Just to update all those concerned, the decision has been overturned. My husband has been grantd visa. My worries are finally over.


----------



## Glenemery74 (Jul 28, 2013)

Did you provide original bank statements?


----------



## Inaya (Oct 12, 2012)

Not in the appeal. Because that was nt necessary. Only copies are required for appeal.


----------



## jave (Jun 12, 2013)

MashAllah..happy to hear that...it is really great news and may Almighty make all people to meet their spouse and live comfortably.

I wish some one ask the visa officer that why they did this injustice ..sadly they realise that their decisions are tearing family life apart....!!!


----------

