# Spouse Visa refused to UK



## zoubozoub (Aug 14, 2014)

Hi,

I am a british Citizen, and have applied for my husband who is from the USA to come to the UK.

We got the refusal letter today ( see attachment).

We have decided to reapply instead of appealing because appealing can take up to a year and we are just done with waiting. I have been working in the UK since December and meet all the financial requirements. We didn't include the 6 months bank statements because we put in the payslips and we didn't put in my current employment contract just the offer letter.

I just want to ask - if we re-applying using the same documents as before, re-pay, and just include the contract and the bank statements. Will it be ok? I hope they don't write back saying.. well you need to include this also?! 

This is it, just those 2 more pieces of evidence and that should be the situation resolved? 

The whole Visa process is a nightmare. 

Best of luck to anyone else also going through it - the amount of grey hairs on my head have increased substantially since the beginning of this process. 

H


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## Anxious_wife (Mar 11, 2013)

You also need a letter from your employer confirming your employment. It must also contain:

The letter must contain:
(i) the person's employment and gross annual salary; 
(ii) the length of their employment; 
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and 
(iv) the type of employment (permanent, fixed-term contract or agency).


The financial requirement is arguably the most important requirement so it must be thoroughly evidenced. Do some research on this site there is a plethora of information regarding this issue as well as the other issues relating to settlement visas.

Take your time and ensure you have done enough research and ask questions here, there are several very good people who are very knowledgeable.


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## Joppa (Sep 7, 2009)

Very sad, because with proper documentation, you would probably have got your visa. If you only asked us before you applied, we would have put you right.
If you have job contract issued before you applied for visa, and you get bank statement covering the 6-month period, you can go for administrative review with a good chance of success, If it isn't the case, I agree you should reapply with correct documentation.


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## zoubozoub (Aug 14, 2014)

I plan on sending:

1) all the documentation already sent - which had my previous contact in it ( pre- March) 
2) My new contract ( march - present) 
3) a letter from my employer just further confirming my employment - salary, type of employment etc 
4) 6 months of payslips
5) 6 months of bank statements starting from Feb 2014 - corresponding to these payslips. Feb- July. 

Hopefully this will hit all the marks they have mentioned and My husband will be come soon... what you think?


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## Joppa (Sep 7, 2009)

Seems ok.


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## zakmuh (Aug 18, 2014)

zoubozoub said:


> I plan on sending:
> 
> 1) all the documentation already sent - which had my previous contact in it ( pre- March)
> 2) My new contract ( march - present)
> ...



When you say 'yeah, Ive got all the docs spot on', the ECO will come up saying 'sorry, I you didnt send this doc and that!'. 

As Joppa mentioned earlier...make sure you check with us with your checklist before you send off the application pack this time


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## cheri coco (Dec 20, 2014)

Hello Joppa, can I ask a question? I have been with the same employer for more than twelve years and have never had a contract of employment. I'm also paid cash and not into the bank. But these days it is very easy for a government department to verify someone's wages, as data is sent to the tax office weekly, not every three months like it used to be! My wage slips are just simple printouts from the Sage system...obviously I have a mountain of P60's which show that my wages have gone up gradually over the years. How much of a problem is the lack of a contract likely to be? It's something that I have never thought about before, as normal people would consider employment permanent after 12 years!! Seeing the problems that this lady has had, it's suddenly a big worry! Sorry if I have gone off topic a little, but there must be others in my situation. 
Thanks!


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## Joppa (Sep 7, 2009)

You don't need a contract, but a letter of employment spelling out the type of employment, when you started, how much you are paid etc. 
As for being paid cash in hand, you still must deposit the whole of the amount into your bank account for the full pre-tax amount to count. If you only deposit part of your cash payment, only the actual post-tax deposits you made will count. Supposing you are paid £2,000 gross and £1,700 net monthly. If you deposit the whole of £1,700 into your bank account, the whole of £2,000 will count towards financial requirement. But if you deposit, say, only £1,000 and keep the rest in cash to spend on rent, food etc, just £1,000 will count, and so on.


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## cheri coco (Dec 20, 2014)

Thank you very much Joppa! That is actually quite bizarre. How on earth could any normal person guess this information without being told it?
I wondered why everyone was making such a fuss about bank statements. Sigh....
Presumably you are actually allowed to spend the money that you earn at some stage! At what point are you actually allowed to take it back out to spend, or is the whole idea that the visa agency wants to see how you spend it??
So, lets get this straight, the reason they want to see bank statements is just to see if you put all your wages in the bank? Because there does not see m to be any specific requirement to have a certain amount in the bank unless you are relying on it to top up income. 
My other question, following on from the information above, is, are other sources of income treated in the same way, for example income from property rental? This could have positive and negative implications for a property owner, as it would then only be necessary to show a tenants rental agreement, the proof of ownership of the property, and the amount going into account each month? Or would it be necessary to employ an agent?


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## ashkevron (May 1, 2012)

The reason for bank statements is probably to prove that you are actually earning the money. You could have a friend who employs you and states you are earning more than you do, or if you are self-employed, you could state that you earn much more than you do and in both cases pay the higher amount in tax solely to meet the financial requirement, while not actually ever earning that money.

For rent, I assume again, as long as the money goes into the bank and you pay tax on it, and have the house deeds for the property, it should be fine, I can't see why you would need to have an agent, that may only complicate things.

So, it's not to keep tabs on you, I don't think. It's just to make sure you actually earn the amount of money you say you earn. Bank statements make sure they show the money being deposited there. Employment contracts and such make sure that the money is not deposited by your family or friends but it comes from actual employment. It's the same with any other form of income, be it from property or anything else.


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