# Rejected Fiancee Visa, advice needed..



## soitis (Jan 26, 2013)

Hi
I am from and living in Northern Ireland (dual British and Irish citizenship, with both passports). My fiance from the US applied for a fiance visa which was received by UKBA on 10th December 2012 (PRIORITY SERVICE). Long story short, we received a phonecall on 11th January 2013 from our processing officer in New York, who requested further details regarded my income. I sent the relevant details and we received news that our application was rejected on the grounds that I did not meet the financial requirements.

Despite being a homeowner, providing bank statements all showing my account to be in good condition, providing evidence of an ISA of £6,000, having never claimed benefits (ever) from the British government, my fiancee who already is employed by a British organisation part time in which she can be based anywhere in the world and continue that employment - because my annual salary was £3,000 under the minimum requirement, the 'logical' conclusion of the UKBA is that we will be a burden to the British government and not be able to support ourselves. 

Anyway, I am not sure if an appeal is worthwhile. My plan B was to get married in the US and then apply for the EEA Family Permit, but I now understand the law was changed last July and now that is no longer an option. 

Plan C, is the current bookies favourite. Get married in the US, and then come here with my fiance as a '90 day tourist' under the visa waiver program. Relocate to the Republic of Ireland, and then apply for an Irish Spouse Visa. 

Can anyone offer advice regarding this issue? 

A further question is: my fiance now has a red stamp saying: UK New York <xxxxxxx> Does this mean that she will have difficulty coming as a tourist without a visa? Even if she is flying into Dublin? 

Thanks


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## Leanna (Oct 22, 2012)

soitis said:


> Hi
> I am from and living in Northern Ireland (dual British and Irish citizenship, with both passports). My fiance from the US applied for a fiance visa which was received by UKBA on 10th December 2012 (PRIORITY SERVICE). Long story short, we received a phonecall on 11th January 2013 from our processing officer in New York, who requested further details regarded my income. I sent the relevant details and we received news that our application was rejected on the grounds that I did not meet the financial requirements.


I'm sorry to hear that. However, the UKBA staff have been advised to show 0 flexibility regarding the financial requirement. It states in your application that if you do not meet the financial requirement you can expect your application to fail. 



> Despite being a homeowner, providing bank statements all showing my account to be in good condition, providing evidence of an ISA of £6,000, having never claimed benefits (ever) from the British government, my fiancee who already is employed by a British organisation part time in which she can be based anywhere in the world and continue that employment - because my annual salary was £3,000 under the minimum requirement, the 'logical' conclusion of the UKBA is that we will be a burden to the British government and not be able to support ourselves.


Unfortunately, being a homeowner in this case is irrelevant. As well, as I'm sure you are now aware of, in order for savings to be taken into consideration you need a minimum of £16,000 plus (2.5 x shortfall). So, for example, if you are £3,000 short annually, you would need a savings of £23,500 left in an account untouched for 6 months. 

I understand how frustrating it is to not meet the minimum. We are seeing a lot of applicants who have applied after the changed happened on July 9 2012 who do not meet the minimum and have to find other routes to be together.



> Anyway, I am not sure if an appeal is worthwhile. My plan B was to get married in the US and then apply for the EEA Family Permit, but I now understand the law was changed last July and now that is no longer an option.


Unless you can show that the UKBA made an error and that you DO meet the £18,600 minimum, there is no point appealing. 



> Plan C, is the current bookies favourite. Get married in the US, and then come here with my fiance as a '90 day tourist' under the visa waiver program. Relocate to the Republic of Ireland, and then apply for an Irish Spouse Visa.


I'm unfamiliar with this route, so I'll let some of the more experienced forum members weigh in on this matter.



> Can anyone offer advice regarding this issue?
> 
> A further question is: my fiance now has a red stamp saying: UK New York <xxxxxxx> Does this mean that she will have difficulty coming as a tourist without a visa? Even if she is flying into Dublin?


Yes, she is likely to receive extra scrutiny when she enters the UK. Would be best if she doesn't attempt to visit in the near future (next month or so) as she is likely to be turned away at the border due to such resent refusal of a fiancee visa. If she does attempt to visit, she will need a lot of evidence that she will be returning home, ie. letters from an employer stating an expected return, financial responsibilities back home, etc. 



> Thanks


Good luck.


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## nyclon (Apr 3, 2011)

soitis said:


> Hi
> I am from and living in Northern Ireland (dual British and Irish citizenship, with both passports). My fiance from the US applied for a fiance visa which was received by UKBA on 10th December 2012 (PRIORITY SERVICE). Long story short, we received a phonecall on 11th January 2013 from our processing officer in New York, who requested further details regarded my income. I sent the relevant details and we received news that our application was rejected on the grounds that I did not meet the financial requirements.
> 
> Despite being a homeowner, providing bank statements all showing my account to be in good condition, providing evidence of an ISA of £6,000, having never claimed benefits (ever) from the British government, my fiancee who already is employed by a British organisation part time in which she can be based anywhere in the world and continue that employment - because my annual salary was £3,000 under the minimum requirement, the 'logical' conclusion of the UKBA is that we will be a burden to the British government and not be able to support ourselves.
> ...


The financial requirements are quite clear and inflexible. From what you've said you do not make £18,600/year and your ISA savings (which may not even qualify as an eligible account to meet savings) are well short of what you would need to make up the shortfall in salary. Based on the information you've provided, you have no basis for appeal as you clearly don't meet the financial requirement.

If your fiance works for a British company, can they sponsor her for a Tier 2 work visa? Have you considered moving to the US?


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## WestCoastCanadianGirl (Mar 17, 2012)

Beaten to the punch... Good luck to you


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## soitis (Jan 26, 2013)

Thanks for replies.

Nyclon, yes the financial requirements are relatively clear, however, what frustrates me is there is such a lack of discretion from the UKBA. The Tier 2 work visa could be an option if all else eventually fails. I definitely wouldn't be opposed to living in the US, but I think Ireland would be our preference for a number of practical reasons.

RANT: 

In an age of supposed equality, the immigration laws are definitely a complete farce. Their conclusion is that Person A a British citizen and taxpayer can only marry a girl from within the EU because of his wage, but Person B also a British citizen and taxpayer can marry whoever he wants because he earns x amount. Don't even get me started on Person C, from Latvia (I love Latvia by the way), who is able to come to the UK, claim benefits from the government and then using the EEA Family Permit, have his wife come join him from any country in the world. He doesn't need to meet any financial requirement, heck, he doesnt even have to pay for the fricking application! 

My conclusion: Thank God for the Good Friday Agreement which gives us dual Irish and British nationality. I think I will put plan C into effect, move 30 miles south into the Republic and then deal with Irish immigration.


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## cc9 (Oct 29, 2012)

Am very sorry to hear your news  

Am very interested about your plan to relocate to Southern Ireland. Do you intend to remain in your current employment and just move across the border to live??? As I am currently looking at visa options for my non EU husband and too am from N.Ireland I would be interested to know how this works out for you.
Good luck this is difficult time for you both.


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## soitis (Jan 26, 2013)

Thanks CC9

Yes exactly. I am from County Armagh, so I am not too far from the border anyway. I will be able to remain in my current employment and travel, much of my work can be done from home as well. 

As I understand it, as an Irish passport holder I am as much an Irish citizen as any Irish passport holders in the South under the terms of the GFA. However, I need to reside in Rep of Ire if my fiancee/then wife is to apply for an Irish Spouse visa. 

We get married in US, get her new passport with name change and she can enter Dublin as a 90 day tourist without a visa. After some days, we go to a Garda Immigration Office and present our documents - Both passports, Marriage Certificate & Proof of Address, and apply for her to remain in Ireland as my wife. This process can take up to twelve months, but I am assuming (which could be dangerous) that she will be entitled to stay until the decision is made. 

Are you having problems with UK visas? Whats your husbands nationality? Another option which I am not sure if you have considered, is that perhaps if you relocated to the South you could apply for the EEA Family Permit as an Irish citizen. (All persons in Northern Ireland are entitled to be British, Irish or both).


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## cc9 (Oct 29, 2012)

Hi yes I am also having problems with uk visas however we meet the financial and accommodation criteria, my husbands problem is his previous immigration history. We are currently waiting for our appeal to be heard.
I was just wondering had you considered plan d?? 
You could get married in the US as planned but in the meantime try to find a second job. Earn the shortfall in your main income and apply in a few months under cat b. it probably will take a number of months longer and I understand a part time job may be hard to come by but it would save you the hassle of moving.
I have also been advised that Irish immigration authority have access to UKBA records and may refuse you on the basis that you might be trying to gain entry to NI via the Republic. 
Just thought I would give you some food for thought


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## Joppa (Sep 7, 2009)

I agree your plan C has a fatal flaw, in that Irish Immigration Service will see that your fiancée has been refused a UK visa and may conclude you are attempting a back-door entry for her into UK. Getting a new passport won't help as she can be identified through biometric data held. There is a high degree of co-operation on immigration between the two countries, thanks to the common travel area (CTA). UKBA will be just as keen to spot and deter people who are trying to beat the Irish immigration rules via UK.


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