# Spouse visa REFUSAL



## Sophia21 (May 13, 2013)

My husband just found out his visa got refused due to financial requirement and relationship requirements.

It says that i only sent 16payslips but i sent 26. 

And i dont understand the relationship one.

How can i go about a review.


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## gairloch (Jun 24, 2011)

Without knowing the specific language of the refusal it's a bit of a guess as we don't know if you're married or not, for how long, what you sent in etc...
Relationship refused 'probably' means that you've failed to prove a sustained relationship of sufficient length and quality to satisfy their requirement. Remember, they judge you by what you send in (and they are human so they make mistakes).


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## Sophia21 (May 13, 2013)

Here is the refusal letter. I do not understand it as it does not give reasons. The only reason they give is for financial requirement and this is wrong on their behalf as i sent ot 26 payslips.


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## Joppa (Sep 7, 2009)

Complain (ask for administrative review) or appeal.


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## Sophia21 (May 13, 2013)

We have the appeal paperwork but i would prefer a review. Shall i just use the link you provided joppa? 
My husband has already emailed them and they gave us the info to escalate again. Which we just sent again.


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## Sophia21 (May 13, 2013)

This is the email ive just sent to the complaints department.

Dear Whom it may concern,*


I am writing to complain about the visa application decision my husband has received today. I have attached our refusal letter.


From this, you can see we have been refused on financial grounds on the basis that the ECO has only seen 16 payslips instead of the required 26 payslips. The ECO does not attempt to explain in which order the payslips are missing, whether the extra 10 missing payslips are in a sequence or whether they are missing in no particular order from the whole 26 week period.*

Referring back to Appendix FM-SE paragraph D. Quoted from the www.gov.uk site, the following:


D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (?the decision-maker?) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b) or (e) applies. (b) If the applicant: (i) Has submitted: (aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing);(bb) A document in the wrong format (for example, if a letter is not on letterhead paper as specified); or(cc) A document that is a copy and not an original document; or(dd) A document which does not contain all of the specified information; or (ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request. 

Looking at section *(b) (i) (aa) of paragraph D. I feel that the ECO has disregarded the information in the FM-SE document provided by the government site.*


Due to the mistake on the ECO's behalf, we as a family are separated for an even longer period of time through no fault of our own.*


I request an administrative review as soon as possible to rectify this mistake and overturn the decision which has been made by your decision making department in Sheffield.*


Please feel free to contact me for further information.


Yours faithfully,*

Sophia


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## Sophia21 (May 13, 2013)

This is what I've received from them:

Thank you for your email. This is an automatically generated response which contains some important information; please read it carefully.

COMPLAINTS 

*

This email inbox is for complaints only. 

*

If your email is a complaint about a service provided by UK Visas & Immigration, Home Office Immigration Enforcement or Border Force or the conduct of our staff, we will ensure that the matter is properly investigated.* We aim to reply to you within 20 working days.* If we need longer to investigate your complaint we will contact you and update you on progress.* If you have provided us with a contact number we may contact you by phone about your complaint. 

*

Where a complaint is being made on the behalf of another person, we are required to have the signed written authority of that person before we can reply to you.* Please email us providing a signed authority if this applies to you.

*

You can find further information on our website about how we will deal with your complaint by using the following link: https://horizon.fcos.gsi.gov.uk/file-wrapper/complaints-management-guidance.

*

All complaints are treated seriously and we try to learn from your feedback to make improvements to our service. You can find examples of improvements we have made as a result of your feedback on our website using the following link: https://www.gov.uk/government/publi.../uk-visas-and-immigrations-service-and-values

*

OTHER ENQUIRIES AND CORRESPONDENCE


Unfortunately we are unable to deal with any enquiries or other correspondence sent to this email inbox that are not complaints (e.g. the merits of an individual decision where there are established appeal routes or enquiries about the progress of an application). 

*

If you have sent an email to this inbox which is not a complaint, please go to our website and follow the advice about contacting us for other matters. You can use the following link: https://www.gov.uk/contact-ukvi

*

If you suspect that someone is working illegally, has no right to be in the UK or involved in smuggling or other criminal activity, please report crime using the following link Report Immigration Crime

*

Complaints Allocation Hub


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## clever-octopus (May 17, 2015)

I should probably mention that 26 payslips were, in fact, sent with the application, and attach any proof you might have of that


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## Sophia21 (May 13, 2013)

Bumping for more advise


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## Sophia21 (May 13, 2013)

Any help please?


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## Sophia21 (May 13, 2013)

Joppa?


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## Crawford (Jan 23, 2011)

Sophia21 said:


> Joppa?


Joppa has already responded to you:

Complain (ask for administrative review) or appeal.


This is your second refusal based on financial information presented. I think it would benefit you to get an immigration lawyer involved in your next application.


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## Sophia21 (May 13, 2013)

What do you mean? Its because THEY made a mistake i sent all payslips in and THEY made a mistake.


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## Crawford (Jan 23, 2011)

Sophia21 said:


> What do you mean? Its because THEY made a mistake i sent all payslips in and THEY made a mistake.


So do as suggested: complain or appeal or both.

The forum cannot do anything to help with the situation except suggest you contact the relevant authority, tell them they are wrong and demand a review.


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## Sophia21 (May 13, 2013)

I have done it as said in previous comments, what i want to know is have i said right or could i have added more.


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## Nel&Jimmy (Jul 25, 2016)

Sophia21 said:


> Any help please?


I wish I could add something constructive Sophia, but I don't think I can. Other than that, if we find ourselves in that situation, we'd re-apply rather than go for a review or appeal - I think it could be faster. Hopefully someone else with more knowledge than I will chime in!
Nel


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## Sophia21 (May 13, 2013)

Thank you Nel. Well they have now given a timeline for processing applications from pakistan with 24weeks so I'd rather review if however they want me to appeal i dont know what I'll do then.


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## Nel&Jimmy (Jul 25, 2016)

Sophia21 said:


> Thank you Nel. Well they have now given a timeline for processing applications from pakistan with 24weeks so I'd rather review if however they want me to appeal i dont know what I'll do then.


In that case, I'd go for a request for review. If that's not successful, Crawford's suggestion seems sensible - consider reapplying, with the assistance of an immigration lawyer or licensed advisor?

Nel


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## Sophia21 (May 13, 2013)

Okay thank you.


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## ctyler (Feb 21, 2016)

If they don't review, have you thought about contacting a MP? Because if you sent the right documents, it is extremely unfair that you have to pay all the fees again and go through this whole process with no need.
Good luck


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## Crawford (Jan 23, 2011)

Sophia21 said:


> Okay thank you.


When you contact the authorities regarding the review you should state very explicitly why you think they are wrong and give full details of *all the payslips* you presented to them: dates, gross and net amounts of each payslip. 

Were the payslips attached to another paper; where in the documentation did you place them. Anything to prove you sent them.


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## Gunner786 (Oct 10, 2016)

This is same sort of boat im stuck in.
I applied 12 months after marriage but they refused saying i applued afterv18 months and why i havebt been to see her in 18 months


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## Sophia21 (May 13, 2013)

This is exactly what im saying. Not hust the fees but whos to say that even when i send everything again that they will even acknowledge it.


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## Sophia21 (May 13, 2013)

Crawford when you when i contact the authorities what do you mean? Like ive done a complaint as youve seen and i got that generic reply. Ive called them and also emailed them. How else?


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## Sophia21 (May 13, 2013)

Im confused. I still haven't received the immigration health surcharge refund.


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## _hrxx (Oct 8, 2016)

Sophia21 said:


> Im confused. I still haven't received the immigration health surcharge refund.


It usually takes 90 days for a refund.


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## i.need.help (Nov 20, 2014)

Sophia, if you were refused after 10 October, the new appeal fees will probably apply to you. Old fees was £80 now £490 for paper hearing or for oral. £140 old fee now £800.

You were refused because of financial requirements only, from what I gather, not because of your relationship.


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