# UK Spousal Visa Declined. Help Please



## Zanik (Apr 27, 2013)

Good Afternoon Everyone.

I am a Canadian citizen and lived in England from June of 2010 till my tier 5 youth mobility visa ran out in 2012.

At the time my British girlfriend decided to come to Canada so that we could be together. She is currently on a international experience Canada visa. The visa runs out in June this year.

We got married on march 26th in Canada and decided instead of continuing to live in Canada and going through the visa process here that we would move back to England.

When we were in England, I was working for BMW and made about 40,000 pounds.
She was an estate agent making 23,000 pounds.

I am still at BMW in Canada making about the same, she is making 20,000 pounds when you convert dollars to pounds.

Here is what the home office wrote.

Eco reasons for refusal.

You declare that you are married to .... A British Citizen. You have provided a record of solemnisation of marriage document, however the document is not deemed acceptable evidence of marriage by uk home office. I am therefore not satisfied that you are married to somebody that is present or settled in the uk. I therefore refuse your application under paragraph ec-p.1.1 (d).

I have applied for an actual marriage certificate and should recieve it in a week or two. 
Will that suffice?

I was also declined for financial reasons. This one I'm confused by.

Your sponsor is not exempt from the financial requirements as defined I'm paragraph e-cep.3. I am not able to take into account any potential employement you have available to you in the uk or any offers of financial support from third parties. You have declared on your appendix two form that your sponsor is employed in Canada and has been since 10/10/2012. You further state that her annual income from this employement is 20000 pounds. I note that I'm support of her annual income from this employement you have provided her payslips, an employement letter, and employement contract and bank statements corresponding to the same period of pay, however the guidance states that when the sponsor is returning to the uk they must also have confirmed employement set up in the uk within the next red months.

I can get a letter from her parents business that she can work there for 19,000 a year. Starting within three months, however if she decides not to work for her parents when we get there does that pose a problem. I'm not sure which way she is going to go yet? 

Also they did not take into account my job offer for 40k starting in July or a letter from her parents stating that we will be living at their address.

Any help would be greatly appreciated. I'm running out of money as I have to start another fresh application.

Please help me. Thanks.


----------



## Zanik (Apr 27, 2013)

Oh and I did the expedited service from Canada, it took them 3 weeks to get this back to me. Should I re apply and do the same expedited premium service? 

I just really want to be with my wife.


----------



## Joppa (Sep 7, 2009)

First, about proof of marriage. You need a marriage certificate issued by a statutory authority such as province or city. If you only enclosed a church certificate, that won't be acceptable.

Secondly, your UK sponsor does need a job offer in UK earning the minimum starting within 3 months of return. She can get a job offer from her parents, but all required documents must be produced, i.e. a formal letter of offer etc, as cited in FM-SE.

Your current job in Canada or potential work in UK don't count.

Since the application was correctly turned down, you should re-apply with required documentation. Offer of accommodation is fine. They made no mention of it so presumably it was accepted.


----------



## Zanik (Apr 27, 2013)

Ok great thanks for your help. I can get her parents to draft up the contract, letter of offer etc. if she decides that she wants to work somewhere else before she starts with her parents after she arrives is that allowed and how does that affect her parents business if it does at all?

Thanks


----------



## Joppa (Sep 7, 2009)

That's fine, but don't tell UKBA!


----------



## nyclon (Apr 3, 2011)

An actual, official marriage certificate/license will be fine. 

It's the UK spouse who must be able to financially support the non-UK spouse so your job offer will not be taken into consideration. If you are both now living and working in Canada in order to for her to show that she can support you she must have a job in Canada making at least £18,600/year AND she must have an official, legitimate job offer in the UK starting within 3 months of returning to the UK and making a salary of £18,600/year or more. So, they correctly refused you on the financial because you did not meet both conditions. Once you are in the UK on a spouse visa, your income can be included for the spouse visa renewal application which you will make after 30 months of residing in the UK on a spouse visa.

3rd party support is not allowed but her parents can provide you with a place to live.

I believe now that you have had a visa refused you are not eligible for the premium service.


----------



## Zanik (Apr 27, 2013)

Thank you for your reply. I had a look on the world bridge priority settlement app,citation faqs. It just says that I may experience extended processing times. It doesn't say I can use e service. I'm actually screwed I need to know before June 30th or my wife has to leave the country as her Canadian visa expires on June 30th. I'm really hoping I can use this service. I will re apply next week when I recieve the actual marriage certificate.


----------



## nyclon (Apr 3, 2011)

Zanik said:


> Thank you for your reply. I had a look on the world bridge priority settlement app,citation faqs. It just says that I may experience extended processing times. It doesn't say I can use e service. I'm actually screwed I need to know before June 30th or my wife has to leave the country as her Canadian visa expires on June 30th. I'm really hoping I can use this service. I will re apply next week when I recieve the actual marriage certificate.


Yes, that's it. You will likely go to the top of the "non-straightforward" pile but your refusal means that your application will now need further scrutiny and it won't be decided as quickly as if it were a straightforward premium application.


----------



## Joppa (Sep 7, 2009)

In addition, once you are in UK on spouse visa, you can't use premium service (i.e. application made in person for a rapid determination) for further applications because of your prior refusal, and have to mail your application, which can add a month or more to the processing, depending on how busy they are and how much extra checks are needed.


----------



## Zanik (Apr 27, 2013)

Hey guys, we have reapplied and did the biometrics and everything on the 7th of may. I looked at the timeline for settlement visas at my local visa processing world bridge office. 

How much longer do you think it will be?

My wife has to leave Canada on the 18th if June because her visa is up and I cannot recall my documents or I will have to reapply. What can I do? 

Thanks


----------



## AmyD (Jan 12, 2013)

Chill.

If she has to go, she has to go. It's not a big deal. Assuming your followed the rules, the visa situation will sort itself it out. There's nothing else you can do right now so take a breath and just adapt.


----------



## Zanik (Apr 27, 2013)

But the uk government has her passport so she cannot leave. It's in with my visa application? So do I contact the Canadian authorities and let them know.


----------

