# Visa Refused



## mishapanda (Dec 11, 2012)

I just received an email from the UKBA in New York saying that my Partner Visa (settlement) has been refused. I don't know why yet, I'll find out tomorrow morning when they send me my documents. As I am certain I meet all the requirements for this visa, I plan on appealing the decision.

My question now is, since I have officially been denied a visa, am I still allowed as a US citizen to visit my partner in the UK? I would love to spend Christmas with her but I of course don't want to be turned away by the Border Agents.

Thanks.


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## Leanna (Oct 22, 2012)

mishapanda said:


> I just received an email from the UKBA in New York saying that my Partner Visa (settlement) has been refused. I don't know why yet, I'll find out tomorrow morning when they send me my documents. As I am certain I meet all the requirements for this visa, I plan on appealing the decision.
> 
> My question now is, since I have officially been denied a visa, am I still allowed as a US citizen to visit my partner in the UK? I would love to spend Christmas with her but I of course don't want to be turned away by the Border Agents.
> 
> Thanks.


I don't have any helpful advice regarding your situation, I just wanted to say that I'm so sorry that you had to receive this rubbish news when you had such high hopes. I look forward to hearing their reasoning behind the refusal and everyone's advice regarding your appeal. Good luck.


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## mishapanda (Dec 11, 2012)

Thanks for your sympathy Leanna. Very much appreciated.


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## Joppa (Sep 7, 2009)

Sorry about the bad news. Do tell us the exact wording of the refusal letter when you get it with your documents to plan your next step.

While you aren't prevented from travelling to UK, the fact you have recently been refused a partner visa (which they will quickly find out when scanning your passport at UK border) means they may suspect you are trying to overstay, and it won't be easy to convince them otherwise. My advice is not to try to enter UK until you get your partner visa, either on appeal or fresh application.

It will be much safer for your partner to visit you in the States.


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## 2farapart (Aug 18, 2011)

mishapanda said:


> I just received an email from the UKBA in New York saying that my Partner Visa (settlement) has been refused. I don't know why yet, I'll find out tomorrow morning when they send me my documents. As I am certain I meet all the requirements for this visa, I plan on appealing the decision.
> 
> My question now is, since I have officially been denied a visa, am I still allowed as a US citizen to visit my partner in the UK? I would love to spend Christmas with her but I of course don't want to be turned away by the Border Agents.
> 
> Thanks.


I just saw you mention your refusal in another thread. I'm so sorry to hear this. Once you know what the reason is, we might be able to help you in an appeal (it can often be 'lack of proof' over something or other).

Like Leanna, I can't answer for certain because it depends upon whether a refusal is stamped in the passport or not (this is something I know nothing about). You should be able to visit but you might need to take more care about proving ties to the US (job, a home etc), have a return ticket to show and some money to support yourself too. It might be easier to come for a short stay (e.g. 3 weeks) rather than aim for the full six months.


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## Joppa (Sep 7, 2009)

As I've said, it's too risky travelling only days after a refusal. Your visa refusal is on their system so just scanning your passport will bring it up.


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## BailyBanksBiddle (Feb 8, 2012)

mishapanda said:


> I just received an email from the UKBA in New York saying that my Partner Visa (settlement) has been refused. I don't know why yet, I'll find out tomorrow morning when they send me my documents. As I am certain I meet all the requirements for this visa, I plan on appealing the decision.
> 
> My question now is, since I have officially been denied a visa, am I still allowed as a US citizen to visit my partner in the UK? I would love to spend Christmas with her but I of course don't want to be turned away by the Border Agents.
> 
> Thanks.


I am sorry to hear this news. Don't give up hope. Please keep us aware of your progress. My best wishes are with you and I hope you and your partner will be reunited shortly.


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## mishapanda (Dec 11, 2012)

Just got my documents back today. Here is the exact wording:

"_Your sponsor is not exempt from the financial requirements as defined in paragraph E-ECP .3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties.

In order to qualify, you and your sponsor require (£62, 500) in savings in order to meet the financial requirements. You have submitted evidence of funds pertaining to your sponsor specifically, evidence of your sponsor's Vanguard account.
I note the account statement demonstrates the funds held in stocks, bonds, short-term reserves and other assets. As per the required guidance, if relying on dividends or other income from investments, stocks and shares, bonds or trust funds you are required to submit the following:
-Certificate showing proof of ownership and amount of investment.
-Portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
-All bank statements required to sho the income relied upon was paid into an account in the name of the sponsor, the applicant or both jointly in the 12-month period prior to the application.
-Profits from the sale of investments can contribute to cash savings and will not be treated as income from investments.

Whilst I acknowledge you have submitted some of the requested documents specifically, evidence of your sponsor's portfolio, I note you have not demonstrated the required 12 months bank statements to demonstrate the income relied upon. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)" _

So here's the story: There are plenty of funds in the form of stocks, bonds, and reserves, and the return on the investments has been $120k over the course of the last 5 years. Does the refusal mean that I need to give them evidence that, for example, the account has earned £18,600 or more in the last 12 months?

Also, would I be correct in assuming that any profits from the sale of investments need to have been in the form of cash for a full six months, even if it has existed in the form of stocks or whatever for the last 5 years?

Any guidance would be very much appreciated so I can decide whether an appeal is possible. Thanks!


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## Joppa (Sep 7, 2009)

mishapanda said:


> Just got my documents back today. Here is the exact wording:
> 
> "_Your sponsor is not exempt from the financial requirements as defined in paragraph E-ECP .3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties.
> 
> ...


Basically you were refused because you didn't submit enough evidence to show that your sponsor's investment income comes to £18,600 for the past 12 months, and you didn't enclose 12-month worth of bank statement to show that investment returns have been paid into the account.

So I suggest you appeal, and submit the missing documents. I'm slightly suprised they didn't contact you first to ask the required documents to be sent instead of just rejecting your application.


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## mishapanda (Dec 11, 2012)

Thanks Joppa, I'm rather surprised as well. But I'm very happy that it looks like we should win this appeal.

In the meantime, I know you've advised against travelling to the UK before I receive my visa, but my girlfriend, her father and I all already have one-way tickets to travel from the UK to Belgium (where my parents and my sister live) on 26 December. If I were to give them proof that I would be joining my family elsewhere, and also show them documentation that I am in the appeal process (with the evidence that would show why I would win the appeal), and evidence that I'll be returning to the US to await my decision, do you think there is a big chance they would just put me on a plane back home to NYC? I'm not too keen on the idea of spending Christmas alone, especially when the decision could have gone the other way if they had asked me to see the documents...


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## Joppa (Sep 7, 2009)

mishapanda said:


> Thanks Joppa, I'm rather surprised as well. But I'm very happy that it looks like we should win this appeal.
> 
> In the meantime, I know you've advised against travelling to the UK before I receive my visa, but my girlfriend, her father and I all already have one-way tickets to travel from the UK to Belgium (where my parents and my sister live) on 26 December. If I were to give them proof that I would be joining my family elsewhere, and also show them documentation that I am in the appeal process (with the evidence that would show why I would win the appeal), and evidence that I'll be returning to the US to await my decision, do you think there is a big chance they would just put me on a plane back home to NYC? I'm not too keen on the idea of spending Christmas alone, especially when the decision could have gone the other way if they had asked me to see the documents...


Safest thing to do is to bypass UK this time and meet in Belgium or elsewhere. Your appeal won't be actioned until the New Year. If you already have return ticket to UK, you can usually change plane without going through passport control and fly on to somewhere else. I'd avoid potential hassle at UK border at all costs.


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## mishapanda (Dec 11, 2012)

Ok. And as far as the appeal goes, is it faster to do it on paper or to have a sponsor do it in the UK for me in an oral hearing? Or is in only possible to do the paper one, since I'm applying from the US?


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## mishapanda (Dec 11, 2012)

One more thing (sorry for all the questions): In the appeal forms it says that I can fax in my appeal. If I choose to fax, including my additional supporting evidence, does that mean I don't need to post anything at all?


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## snowgoose (Oct 7, 2012)

My utmost sympathy,Sept this year my gentleman friend arrived here for 6 months,I had all my bank statements with me and could well have afforded to support his stay here from the USA,He had a return E/Ticket which the immigration woman said was not a return,I have copies of this booking,she refused to see me or my bank statements,consequently he was allowed two nights and one day here,then sent straight back,no time to appeal anything,consequently I will be going there next week armed with $$,bank statements and Military ID being the widow of an American,all I need to know now is the form for a widows visa to return to the USA to live as my green card is no longer valid.
I wish you the best of luck,because your going to need it with these homeland people.


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## Joppa (Sep 7, 2009)

mishapanda said:


> One more thing (sorry for all the questions): In the appeal forms it says that I can fax in my appeal. If I choose to fax, including my additional supporting evidence, does that mean I don't need to post anything at all?


No. You can fax or make online application for appeal, but original supporting documents must be sent to the first-tier tribunal in UK.

You can either do a paper or oral appeal. If ECM overturns the decision, it doesn't matter which route you have gone for. Oral will take longer as a date has to be fixed for a judge's hearing, which will be in UK. I think in your circumstance I'd just do paper appeal.


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## mishapanda (Dec 11, 2012)

Thanks for all the help and guidance Joppa. Do you (or does anyone) have any experience/knowledge about how long an appeal takes to reach/ be decided by an ECM?


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## LisaJoi (Dec 3, 2012)

Wow, that sounds horrible. I just submitted for my settlement visa, and I'm starting to get very nervous about all of the opportunities for rejection! I hope things go well for you at the appeal. It does sound like it should be easy to supply the needed documents, but rather shocking they didn;t just call or email and ask for them. So unfortunate! I hope you are able to enjoy Christmas with your family....


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## GrahamWeifang (Dec 14, 2012)

Joppa said:


> Sorry about the bad news. Do tell us the exact wording of the refusal letter when you get it with your documents to plan your next step.
> 
> While you aren't prevented from travelling to UK, the fact you have recently been refused a partner visa (which they will quickly find out when scanning your passport at UK border) means they may suspect you are trying to overstay, and it won't be easy to convince them otherwise. *My advice is not to try to enter UK until you get your partner visa, either on appeal or fresh application.*
> 
> It will be much safer for your partner to visit you in the States.


.

How disappointing,,,
I would fully endorse Joppa's advice here.
You may find that all your convincing may be to no avail.
They may simply hold you, and return you on the next flight.
The fact that UKBA have refused you a visa, will be ringing all the alarm bells, when you arrive at a UK airport.
You may be denied boarding, I don't suspect though, but it could happen.

For now, perhaps just get her to visit you in USA, and then lodge an appeal with UKBA, that's if you are allowed to.
Some decisions are not able to be appealed, but I am not knowledgeable enough to know which one's are, and which one's are not.

Gra.


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## 2farapart (Aug 18, 2011)

LisaJoi said:


> Wow, that sounds horrible. I just submitted for my settlement visa, and I'm starting to get very nervous about all of the opportunities for rejection! I hope things go well for you at the appeal. It does sound like it should be easy to supply the needed documents, but rather shocking they didn;t just call or email and ask for them. So unfortunate! I hope you are able to enjoy Christmas with your family....


This seems to be happening a lot recently. Cases where the 'failure' is relatively small and would ordinarily mean the UKBA requesting the missing document(s) seem just lately to be automatically rejected instead. My suspicious mind thinks this is happening merely to allow UKBA (a struggling agency very much under critical government and public gaze) to somehow make statistics look a little better by simply rejecting (a rejected visa is another application complete, whereas an application on hold awaiting some missing evidence is a nuisance statistic still in the 'outstanding' pile).

All we can say here to anyone currently going through an application process is check your documents carefully many times over, check back here with your documents, and don't even think that you might escape by not including a particular document in the hope that others might cover its gap. UKBA are being very rigid about the application of their immigration rules and the supporting evidence required to support them, so don't take any chances.


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## mishapanda (Dec 11, 2012)

Hello again all,

As per the advice of Joppa and others on this forum, I decided to appeal the decision with what seems to me is more than enough evidence. My partner and I sent in information from two separate accounts for the 12 months prior to the application, indicating that dividend income from her portfolio exceeded £18,600.

We sent the application online, and sent the supporting documents by post on 3 January. On 31 January, we received an email stating that the NYC processing center had received the appeal bundle, and that we should expect a reply within 15 business days. By my count, that means by this Thursday, 21 February. 

I have been feeling confident overall about my prospects, but at the 11th hour I am having a bit of anxiety. The dividends we have evidenced have not been deposited into a cash account, but rather reinvested into my partner's portfolio. This is all detailed in her financial statements, but all along I have imagined that this still must count as income, because my partner is taxed on it and all (also detailed in the statements). But all of the sudden I have my doubts as to whether the UKBA rules count it as income.

Any thoughts?


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## Joppa (Sep 7, 2009)

No point in worrying now. Just wait for the outcome of your appeal and then decide what actions, if any, to take.


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## nyclon (Apr 3, 2011)

mishapanda said:


> Hello again all,
> 
> As per the advice of Joppa and others on this forum, I decided to appeal the decision with what seems to me is more than enough evidence. My partner and I sent in information from two separate accounts for the 12 months prior to the application, indicating that dividend income from her portfolio exceeded £18,600.
> 
> ...


Monday was a holiday in the US.


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## raf1984 (Feb 20, 2013)

Hi, if applying for uk spouse visa from, will previous 6months wage slips suffice. i have letter of employment which states my salary above the £18600 threshold but my last months salary due to unpaid leave whilst abroad my gross monthly wage £1296.33. will that be take into consideration to work out full years salary as my gross wage from august 2012-jan 2013 were as follows, august £3473.45, september £2356.58, october £1782.36, november £2266.54, december £1948.16, January £1296.33. however, i have been emplyed with same organisation for over 7years, shall i submit 2011-2012 p60 to overcome lowest salary issue will that be ok? please advise. Many Thanks


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## 2farapart (Aug 18, 2011)

raf1984 said:


> Hi, if applying for uk spouse visa from, will previous 6months wage slips suffice. i have letter of employment which states my salary above the £18600 threshold but my last months salary due to unpaid leave whilst abroad my gross monthly wage £1296.33. will that be take into consideration to work out full years salary as my gross wage from august 2012-jan 2013 were as follows, august £3473.45, september £2356.58, october £1782.36, november £2266.54, december £1948.16, January £1296.33. however, i have been emplyed with same organisation for over 7years, shall i submit 2011-2012 p60 to overcome lowest salary issue will that be ok? please advise. Many Thanks


You have already been answered in this thread.


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## mishapanda (Dec 11, 2012)

Hello All,

I received an email today from the Visa Office in NYC about my visa appeal. They decided to uphold their decision, and are not satisfied that my application meets the requirements. I had sent in evidence of a portfolio which had made over 18,600 pounds in dividends and capital gains over the last 12 months, but had been reinvested into the same funds. Since they didn't give me any specific response about why their decision was upheld, I imagine that reinvested funds are unsatisfactory and that they needed to see that the dividends were paid into a cash account.

Now my appeal will head to the tribunal in the UK, which can take up to 6 months. I am not willing to wait this long. My girlfriend and I lived together for over 2 years in New York, but she decided to move to London to be closer to her grandparents, who are 94 and 87 years old. My girlfriend's mother died 7 years ago and the grandparents don't have anyone to take care of them other than my girlfriend, who has been emotionally close to them her whole life. They still live independantly but this may need to change soon. Her grandfather has been in the hospital for the last week with internal bleeding. My girlfriend doesn't really have any friends or family to support her emotionally in London to help her grandparents through what will probably be some very difficult times very soon. So I would obviously like to be there with her as soon as I can.

However, I have no idea how to proceed considering not much has changed in my circumstances since the visa was refused. I know my income in the US will not be considered. The only thing I can think of is that we could transfer some of the funds currently held as stocks and short-term reserves into a savings account, but I don't want to have to wait 6 months. Is there any chance that we could show the UKBA that the funds have been held in my girlfriend's name for years, even though they have just been transferred into a liquid account? Or would they still require the funds to be in the same account for 6 full months. 

Any help you could possibly give in this situation would be greatly appreciated. Thank you.


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## 2farapart (Aug 18, 2011)

I'm really sorry about the appeal decision, though I'm not terribly surprised; UKBA has been putting much emphasis on the funds being readily available in a regular bank account for a minimum period of 6 months - and they've been applying these rules most strictly - with no leeway whatsoever.

As such, and especially given your refusal, I doubt very much that not having those funds in a readily-available bank account for the required six months will help you. It seems pretty much all the financial routes require a minimum period of time, the least being 6 months so I don't think there is any way you can avoid this.


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## mishapanda (Dec 11, 2012)

Thanks 2farapart. 

My partner just told me that in November she did change a percentage of her stocks/bonds into a cash position at her brokerage firm - the cash position is $500k US. Would this allow me to re-apply under cash savings in May, or would she have to move these funds into a traditional savings account, requiring me to wait another 6 months?


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## nyclon (Apr 3, 2011)

mishapanda said:


> Thanks 2farapart.
> 
> My partner just told me that in November she did change a percentage of her stocks/bonds into a cash position at her brokerage firm - the cash position is $500k US. Would this allow me to re-apply under cash savings in May, or would she have to move these funds into a traditional savings account, requiring me to wait another 6 months?


It has to be an account to which she has immediate access to the cash. If the account allows her to withdraw funds immediately i.e., if today she asks to withdraw part of the cash or all the cash, she can get it right then and there, then it can stay where it is. If that's not the case, then she needs to move it to an account which allows her to do that.


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## Crawford (Jan 23, 2011)

mishapanda said:


> Thanks 2farapart.
> 
> My partner just told me that in November she did change a percentage of her stocks/bonds into a cash position at her brokerage firm - the cash position is $500k US. Would this allow me to re-apply under cash savings in May, or would she have to move these funds into a traditional savings account, requiring me to wait another 6 months?


From reading your posts it appears that you have failed to show that your sponsor has the readily available financial requirements to support you.

You have given them evidence of monies from investments which are then re-invested into the portfolio. 

Where is the money upon which both you and she will live?

Does your girlfriend work? You only mention dividends and interest which are re-invested again. You need to show income which can be used for living expenses.


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## mishapanda (Dec 11, 2012)

Crawford said:


> From reading your posts it appears that you have failed to show that your sponsor has the readily available financial requirements to support you.
> 
> You have given them evidence of monies from investments which are then re-invested into the portfolio.
> 
> ...


Thanks for your response Crawford. As I mentioned in my last post, my partner has held $500,000 in a cash position at her brokerage since November. Dividends and interest aside, it would seem to me that these funds will be eligible for the financial requirement this coming May, when they will have been there for six months, since she does have immediate access to them. Does this seem correct to you?


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## Crawford (Jan 23, 2011)

Is there any reason why you can't move the necessary financial requirements into a bank account to show they are readily available?

There should be no reason why the necessary funds being in a bank account would not qualify.


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## mishapanda (Dec 11, 2012)

Crawford said:


> Is there any reason why you can't move the necessary financial requirements into a bank account to show they are readily available?
> 
> There should be no reason why the necessary funds being in a bank account would not qualify.


Well, only that the funds have been in their current form since November and my concern is that if we moved them to a different account the clock would reset, requiring us to wait an additional 2 months before I can reapply.


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## WestCoastCanadianGirl (Mar 17, 2012)

mishapanda said:


> Thanks for your response Crawford. As I mentioned in my last post, my partner has held $500,000 in a cash position at her brokerage since November. Dividends and interest aside, it would seem to me that these funds will be eligible for the financial requirement this coming May, when they will have been there for six months, since she does have immediate access to them. Does this seem correct to you?


As nyclon has stated, as long as she can call the broker up and demand $ XXX.yy from the account and get it from them *now* (or how ever long it would take for the brokerage firm to prepare a cheque), then keeping the funds in that cash account at the brokerage house for 6 months is acceptable... the onus on you is to be able to show that the $$$ is get-at-able and has been so for 6 months or more. 

Good luck to you.


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## spouse123 (Mar 8, 2013)

Hi Mishapanda

I hope you are well.

I noticed your post and i am so stressed as i am trying to make an application for my spouse and i am combining cash savings (held for 6 months) as well as non -emp income from one investment in uk (venture capital trust) . My concern is this portfolio report where and how do i get one of these produced. is it my personal portfolio report or the the investment companies portfolio i need as the company produces there annual report but that doesnt mention me anywhere or any other investors just. I know this is a silly question but you submitted one and yours seem to have been accepted, did a separate company produce yours or just the company you have invested with.


It may have been faster for your to lodge a fresh application at the same time as appealing as this is permitted and if the fresh application is approved you simply withdraw the appeal. The caseworkers take the guidance literally and yours was only refused because you did not show the income of a total £18600 being received in your account within the last 12 months from date of application (date fee paid online).

Really appreciate your feedback on the portfolio report?


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## astonia 7 (Jan 11, 2013)

My husband just got denied we thought it was because we applied while he was here on a visitors visa, even a lawyer told us that would be the reason, we actually requested the application be withdrawn so we wouldn't have the denied visa on his records, but they sent our paperwork back and the reason given was because of financial, we sent all the paperwork they needed on that, we far exceded the amount required so not sure what the hic cup was. They never even gave us an exact date to leave the UK either, just put as soon as possible. We have decided to move to Spain the end of the month!


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## Joppa (Sep 7, 2009)

astonia 7 said:


> My husband just got denied we thought it was because we applied while he was here on a visitors visa, even a lawyer told us that would be the reason, we actually requested the application be withdrawn so we wouldn't have the denied visa on his records, but they sent our paperwork back and the reason given was because of financial, we sent all the paperwork they needed on that, we far exceded the amount required so not sure what the hic cup was. They never even gave us an exact date to leave the UK either, just put as soon as possible. We have decided to move to Spain the end of the month!


I have just looked up your previous threads and you were relying on retirement income and investment in US to meet the financial requirement. My guess is they refused you because the evidence required wasn't in the form and manner specified in the rules, and they are very strict on evidencial requirement. In the covering letter, they should have stated the precise reason(s), with reference to specific rules, why your application was denied.


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## astonia 7 (Jan 11, 2013)

Joppa said:


> I have just looked up your previous threads and you were relying on retirement income and investment in US to meet the financial requirement. My guess is they refused you because the evidence required wasn't in the form and manner specified in the rules, and they are very strict on evidencial requirement. In the covering letter, they should have stated the precise reason(s), with reference to specific rules, why your application was denied.


I will look at the precise reason again, I was more confused that it would have been financial rather than applying on a visitors visa. Do you know if my husband will be allowed back for vacations? We want to come back at Christmas and of course if my mothers has more medical problems. It didn't state anything about that, just that if he became an overstayer he could be denied. I thought they would have said we had 28 days to leave instead of as soon as possible, when we leave it will be a month from date of receiving refusal. I hope they consider that as soon as possible


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## Joppa (Sep 7, 2009)

28 days is the standard time for leaving UK after a refusal. In some cases they retain the passport to make sure they leave promptly and only hand it back at the airport on the day of departure, but they didn't do that in your case so that's a good sign and they are relaxed about it. A month should be fine (not that there is any exit control by UKBA).

As for your husband returning as a visitor, he can chance it just with his passport (as US citizen) or get a visitor visa in the country of residence, which I recommend to reduce the chance of being denied entry and put on next flight back.


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## astonia 7 (Jan 11, 2013)

Joppa said:


> 28 days is the standard time for leaving UK after a refusal. In some cases they retain the passport to make sure they leave promptly and only hand it back at the airport on the day of departure, but they didn't do that in your case so that's a good sign and they are relaxed about it. A month should be fine (not that there is any exit control by UKBA).
> 
> As for your husband returning as a visitor, he can chance it just with his passport (as US citizen) or get a visitor visa in the country of residence, which I recommend to reduce the chance of being denied entry and put on next flight back.


Thanks Joppa, I guess we are lucky that they didn't retain his passport or stamp it inside. The day we got his papers back we sent his passport to the US Embassy for renewel as is was expiring in a couple of weeks in fact as soon as we get it back (they said up to a month) we are going. Although all of this as been annoying we can now enjoy our retirement years and get to see a lot of different European countries and I will still be close enough to visit my mum once a month. Sadly she is the one that is taking this so hard. I think secretly my husband doesn't care as the weather here as cut down on his golf time


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## mishapanda (Dec 11, 2012)

spouse123 said:


> Hi Mishapanda
> 
> I hope you are well.
> 
> ...


Hi there. We just sent in our personal portfolio report, and that works fine. 

Thanks so much for the advice. In fact we are putting in a fresh application, and your advice has really come in handy since we have received that amount in our account within the last 12 months. I was confused because the dividends weren't paid directly into the checking account, but the amount that we've transfered from the portfolio to the bank account is sufficient, in combination with savings.

Thanks a million, and best of luck! Let me know how it goes


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## spouse123 (Mar 8, 2013)

*MIshapanda*



mishapanda said:


> Hi there. We just sent in our personal portfolio report, and that works fine.
> 
> Thanks so much for the advice. In fact we are putting in a fresh application, and your advice has really come in handy since we have received that amount in our account within the last 12 months. I was confused because the dividends weren't paid directly into the checking account, but the amount that we've transfered from the portfolio to the bank account is sufficient, in combination with savings.
> 
> Thanks a million, and best of luck! Let me know how it goes




Your welcome. I am not sure if i understood you right but please ensure you have actually received the income i.e. transfer the money from portfolio to the bank account is not really an income whereas income received by the dividend company which will shown on your bank statement as coming from the actual dividend company will be treated as an income. I don't believe that you personally transferring the money from portfolio will be counted as an income. And as your already aware please ensure the savings amount you are relying on has been held for at the least the last 6 months and ensure during those 6 months it never even for one day fell below the figure you are relying on. 

Still unsure about this portfolio report:did you produce your own Portfolio report or was it produced by an authorised financial institution i.e. FSA in UK. The guidelines in appendix fm simply state "i) A portfolio report (for a financial institution regulated by the Financial Services Authority in the UK)" . Could you give me an example of an FSA company in UK that will produce a portfolio report for me obviously at an expense???

Your portfolio report was clearly accepted and therefore whatever you submitted must been correct. 

Many thanks


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## mishapanda (Dec 11, 2012)

spouse123 said:


> Your welcome. I am not sure if i understood you right but please ensure you have actually received the income i.e. transfer the money from portfolio to the bank account is not really an income whereas income received by the dividend company which will shown on your bank statement as coming from the actual dividend company will be treated as an income. I don't believe that you personally transferring the money from portfolio will be counted as an income. And as your already aware please ensure the savings amount you are relying on has been held for at the least the last 6 months and ensure during those 6 months it never even for one day fell below the figure you are relying on.
> 
> Still unsure about this portfolio report:did you produce your own Portfolio report or was it produced by an authorised financial institution i.e. FSA in UK. The guidelines in appendix fm simply state "i) A portfolio report (for a financial institution regulated by the Financial Services Authority in the UK)" . Could you give me an example of an FSA company in UK that will produce a portfolio report for me obviously at an expense???
> 
> ...


We just sent in our monthly account statements from Vanguard, our financial institution. They didn't seem to have any problem with that. As long as the institution is regulated by FSA or equivalent, I think the statements are proof enough.

I suppose I'm still confused because the income that we have received in the form of dividends has been reinvested monthly, and we just transfer money to a bank account on an as-needed basis. I don't fully understand why the UKBA would have a problem with that. The income that the portfolio makes is indeed income, and the money does end up in a bank account eventually. It seems like it would be completely unreasonable to deny that our income is insufficient.

The savings have been there for over six months, and the amount has only increased in that time, so that part isn't the problem...


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## Joppa (Sep 7, 2009)

mishapanda said:


> We just sent in our monthly account statements from Vanguard, our financial institution. They didn't seem to have any problem with that. As long as the institution is regulated by FSA or equivalent, I think the statements are proof enough.
> 
> I suppose I'm still confused because the income that we have received in the form of dividends has been reinvested monthly, and we just transfer money to a bank account on an as-needed basis. I don't fully understand why the UKBA would have a problem with that. The income that the portfolio makes is indeed income, and the money does end up in a bank account eventually. It seems like it would be completely unreasonable to deny that our income is insufficient.
> 
> The savings have been there for over six months, and the amount has only increased in that time, so that part isn't the problem...


_(b) To evidence dividends or other income from investments, stocks, shares, bonds or trust funds:
(i) A certificate showing proof of ownership and the amount(s) of any investment(s). 
(ii) A portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
(iii) Personal bank statements for the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly._

Re-investment is fine, provided the income you rely on has been transferred into your bank account during the past 12 months. That's the only income you can put forward - not the total reinvested.


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## snowgoose (Oct 7, 2012)

update,Ive just spent 3 months with my gentleman friend in USA who was sent back from UK in two days,we now have contacted a lawyer in the us,and also one airline offered him $350 ,however we have declined this as someone is responsible for only giving him boarding ticket and not his return E/Ticket.
All copies were sent to the border people in UK who never bothered to respond.
I myself will now deal with the US lawyer who specialises in immigration matters and hope he can be of help.
I find it strange also that as the widow of a US serviceman I need to apply to get my green card reinstated when people from places like Etheopia can win a green card in the lottery green card programme,yet the widow of an American has to go through hoops to try and obtain a more permanant visa/green card to return to USA to buy a house and remain there with not wishing to be a burdon on the USA.
There has to be more understanding of people like myself and may I add a much speedier outcome.


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## Crawford (Jan 23, 2011)

If one has a Green card and then leaves the US for some time, the Green card can lapse.

Unless someone has US citizenship, there is no 'right' to re-enter the US after one has been away for any considerable time.

This is no different to a foreigner getting Indefinite Leave to Remain in the UK, but then decides to leave and live elsewhere for some time. Again the ILR can lapse and the person has to re-apply for residency.

The ability to win a Green Card on the Diversity Lottery is a completely different situation - even that person, if they leave the US for some time, will be at risk of losing the Card


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## snowgoose (Oct 7, 2012)

*Thank You*

Thank you and I fully understand ,all I want is to know how long will it take to get my green card back as I am selling my home to return to USA to buy a house and remain there for good.


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## Crawford (Jan 23, 2011)

snowgoose said:


> Thank you and I fully understand ,all I want is to know how long will it take to get my green card back as I am selling my home to return to USA to buy a house and remain there for good.


How long it takes to get your Green card will depend on what visa you are applying for in order to move to the US.

Work, investment, spouse? Since you have just returned from the US staying with a gentleman friend I am assuming a fiance/spouse visa?

In that case, this takes about 6 to 9 months with your gentleman friend sponsoring you. 


All information is here:

USCIS - Family of U.S. Citizens


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## snowgoose (Oct 7, 2012)

My son is a US citizen but resides in the UK,also my in laws all reside in the US,I wondered if my son could sponsor me even though he resides here?
I am also in touch with a US lawyer who says my green card was not revoked,but as new ones were different I returned the card to London,it all seems so time consuming as I want to sell up and buy a home in the US and have pensions etc to well support myself.


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## AmyD (Jan 12, 2013)

Snowgoose, your son is not in the US so he can not sponsor you (I'm not sure children can sponsor their parents anyway, but definitely not if they aren't even on US territory).

It is time consuming but you're not a special little cupcake; you don't get an exemption from that. You have to do things the way everyone else does. It can be exhausting and frustrating, but just follow the rules, don't look for shortcuts, and I'm sure you'll be back in the US in no time.


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## Leanna (Oct 22, 2012)

AmyD said:


> you're not a special little cupcake; you don't get an exemption from that


No need to be rude. Everyone here is looking for information.


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## AmyD (Jan 12, 2013)

Leanna, 

I wasn't intending to be rude. 

That said, I suppose I'm a little tweaked that many people on this board (and other forums as well) seem to believe they're exempt from the rules. They attitude seems to be: THEY can send in two payslips, but you have to send in six. Or they can omit their employer's letter, but you must include it. I have no idea why people think they're exempt from the requirements.

I did give Snowgoose some info: I told her her son can not sponsor her in the USA from the UK. And I think - I really hope - I gave her a bit of info about how to approach the immigration process. If I sounded rude, I sincerely apologize. I rather hoped I sounded straightforward.


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## Leanna (Oct 22, 2012)

AmyD said:


> Leanna,
> 
> I wasn't intending to be rude.
> 
> ...


I understand. It's very common for people to struggle with a little disbelief when they learn (especially since the rule change for the UK last year) of the difficulties of doing what they considered a straightforward task. I think it's more anger & frustration, rather than someone believing they should be above the rules. It can be difficult, and many of us went through the same emotions & experience, to know that you meet the criteria, but for some reason or another cannot prove it.

We're all here to help each other, best thing we can do is be patient and provide information. Most of us have been through the process, so perhaps we understand where these posters' emotions are coming from. 

Thanks for clarifying your perspective, though.


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## snowgoose (Oct 7, 2012)

Thank you.


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