# How bad is it - Rejected spouse VISA application



## Green4ever (Dec 1, 2014)

Hi all,

It's my first time here, after trying find a solution for an unfortunate situation which i got into.

My wife is an English citizen; we are married over 4 months. I'm an Israeli citizen which sent a Spouse Visa application and got rejected Due to the following reasons: 









Now, I have the right to apply again in 28 days, but i wanted to know what can I do or what should I expect from this decision?

Furthermore, my wife is currently in London and I'm in Israel. Is this going to be a problem for me to come and visit her?

Thank you in advance.


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## nyclon (Apr 3, 2011)

From your rejection letter it sounds like your wife did not meet the financial requirement. If that's the case you have no basis for appeal. Does your wife currently have a job earning £18,600/year? If so, once she has been working for 6 months you ca reapply. 

Since you have been refused a visa any further visas will require extra scrutiny and will take more time to process. You'll need to show strong ties to Israel like a job to return to.


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## Crawford (Jan 23, 2011)

From reading the decision letter, I understand your wife did not have a job prior to moving to the UK, and did not have a job awaiting her in the UK. 

You also did not have adequate savings in order to make up the shortfall of not having an income which could fulfill the financial requirements.

You do not have a case for appeal because you failed to show that you met the financial requirements.

Unless she can fulfill the financial requirements either by income or savings, there is no point in you applying again.


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## Green4ever (Dec 1, 2014)

nyclon said:


> From your rejection letter it sounds like your wife did not meet the financial requirement. If that's the case you have no basis for appeal. Does your wife currently have a job earning £18,600/year? If so, once she has been working for 6 months you ca reapply.
> 
> Since you have been refused a visa any further visas will require extra scrutiny and will take more time to process. You'll need to show strong ties to Israel like a job to return to.


I have a job in Israel which I keep over 4 years now, and also attached a letter from my CEO which confirmed it. So I'm not worry about my strong routs in Israel. 

According to what you mentioned, I didn't asked to provide any documentation for my wife's job at any time, only mine. That is the reason why I was so surprised to get the rejection.


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## Green4ever (Dec 1, 2014)

Crawford said:


> From reading the decision letter, I understand your wife did not have a job prior to moving to the UK, and did not have a job awaiting her in the UK.
> 
> You also did not have adequate savings in order to make up the shortfall of not having an income which could fulfill the financial requirements.
> 
> ...


This is not true and that's the reason I believe they made a mistake. I sent them a mutual bank account which shows that we have more than 23,000 pound sterling. We also attached a letter from her employer which stated that she is working for him. My income was more than 23,000 pound sterling in the last 12 months and of course i sent them all the paychecks translated and notarized. 

Again, that the reason that I'm truly believe they somehow made a mistake.


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## nyclon (Apr 3, 2011)

Green4ever said:


> I have a job in Israel which I keep over 4 years now, and also attached a letter from my CEO which confirmed it. So I'm not worry about my strong routs in Israel.
> 
> According to what you mentioned, I didn't asked to provide any documentation for my wife's job at any time, only mine. That is the reason why I was so surprised to get the rejection.


Your having a job in Israel or any place else has zero bearing on your application for a spouse visa. It's the UK spouse who is the sponsor and must meet the financial and accommodation and requirements. You additionally must meet relationship requirement. 

Read FM 1.7 to understand how to meet the financial requirement. 

https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf

Additionally your wife must have adequate accommodation set up before your arrival.


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## nyclon (Apr 3, 2011)

Green4ever said:


> This is not true and that's the reason I believe they made a mistake. I sent them a mutual bank account which shows that we have more than 23,000 pound sterling. We also attached a letter from her employer which stated that she is working for him. My income was more than 23,000 pound sterling in the last 12 months and of course i sent them all the paychecks translated and notarized.
> 
> Again, that the reason that I'm truly believe they somehow made a mistake.


Your employment is not taken into consideration if you aren't already living in the UK on a visa which allows you to work. If she's working she would need to have been in her job for a minimum of 6 months under Category A and earning at least £18,600/year. She'd need 6 pay slips, 6 bank statements and a letter of employment. For other options for meeting the financial requirement see the link above.


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## Crawford (Jan 23, 2011)

Green4ever said:


> This is not true and that's the reason I believe they made a mistake. I sent them a mutual bank account which shows that we have more than 23,000 pound sterling. We also attached a letter from her employer which stated that she is working for him. My income was more than 23,000 pound sterling in the last 12 months and of course i sent them all the paychecks translated and notarized.
> 
> Again, that the reason that I'm truly believe they somehow made a mistake.


Your job in Israel has no relevance - it is the UK sponsor's financial circumstances which are relevant.

If your wife had a job in Israel earning over 18,600 GBP per annum *AND *a job to go to in the UK, again earning over 18,600 GBP per annum, then you would have qualified. The letter states that she did not.

Also without the necessary income requirements you would need 62,500 GBP in savings to make up the shortfall.

Appendix 2 of the application asks for all details of income of the sponsor.


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## Green4ever (Dec 1, 2014)

nyclon said:


> Your having a job in Israel or any place else has zero bearing on your application for a spouse visa. It's the UK spouse who is the sponsor and must meet the financial and accommodation and requirements. You additionally must meet relationship requirement.
> 
> Read FM 1.7 to understand how to meet the financial requirement.
> 
> ...


I understood it completely differently than what it says. I'm having a steady and good job which can provide good life for both of us. Furthermore, when we sent the application, the woman form the embassy in Tel Aviv told me that it is the best and most well organized papers that she saw in a long time and that every single paper on the checklist is perfect. She didn't say a word about my wife's job documentation.


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## nyclon (Apr 3, 2011)

Green4ever said:


> I understood it completely differently than what it says. I'm having a steady and good job which can provide good life for both of us. Furthermore, when we sent the application, the woman form the embassy in Tel Aviv told me that it is the best and most well organized papers that she saw in a long time and that every single paper on the checklist is perfect. She didn't say a word about my wife's job documentation.


Unfortunately, that's completely incorrect. Read FM 1.7. It's your wife who is your sponsor who must meet the financial requirement.


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## Joppa (Sep 7, 2009)

If you have a steady job able to provide for the both of you, then the thing to do is to stay in Israel together.


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## Crawford (Jan 23, 2011)

Green4ever said:


> I understood it completely differently than what it says. I'm having a steady and good job which can provide good life for both of us. Furthermore, when we sent the application, the woman form the embassy in Tel Aviv told me that it is the best and most well organized papers that she saw in a long time and that every single paper on the checklist is perfect. She didn't say a word about my wife's job documentation.


As you say, you have completely misunderstood the requirements to meet the financial requirements for a spouse visa to move to the UK.

Carefully read the document to which Nyclon provided the link. It contains all the information you need for the finances.

Also read the following link:

https://www.gov.uk/join-family-in-uk


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## Green4ever (Dec 1, 2014)

Thank you all for your answers, you are highly appreciated.

What do you recommend me to do next? and no, staying in Israel is no option :/

Again, thank you.


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## gambit (Nov 30, 2013)

Green4ever said:


> Thank you all for your answers, you are highly appreciated.
> 
> What do you recommend me to do next? and no, staying in Israel is no option :/
> 
> Again, thank you.


You're only option is to re-apply, making sure the application meeets all the rules.

Since you were rejected based on financial requirement, make sure your UK Citizen spouse's financial information is satisfactory to the requirements that were posted by others here in FM 1.7


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## ashkevron (May 1, 2012)

The only good news I guess would be that as long as you have your job in Israel, you should be able to get a UK visitor's visa to see your wife... And make sure you understood all the requirements before you reapply. This forum is actually great if you have any questions.


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## nyclon (Apr 3, 2011)

Green4ever said:


> Thank you all for your answers, you are highly appreciated.
> 
> What do you recommend me to do next? and no, staying in Israel is no option :/
> 
> Again, thank you.


Read through FM 1.7 and FM-SE to understand the options and documentation for meeting the financial requirement. Once your spouse has met the financial requirement through one of the categories, has adequate accommodation lined up and you have evidence of your relationship, then reapply. Before applying, list your documentation here and we will give you our opinion of whether you need anything extra or are missing anything.

FM-SE:

https://www.gov.uk/government/uploa...106_mmigration_rules_appendix_fm_se_final.pdf


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## Green4ever (Dec 1, 2014)

Another question: Is it possible for me to make the re-application from London and staying there until getting an answer? Or I must be physically in Israel?


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## nyclon (Apr 3, 2011)

Green4ever said:


> Another question: Is it possible for me to make the re-application from London and staying there until getting an answer? Or I must be physically in Israel?


No. You can't switch from a visit visa to any other visa. You must apply from your normal place of residence.


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## Green4ever (Dec 1, 2014)

Ok, I'm think that i"m starting to see the full picture. My lawyer which took care of the application, told me that once my wife send me an annual contract which has an enough amount of money which meets the demands of the UK gov. I can send an administrative review within 28 days from the date of the refusal. 

As shown at this website: Prodedure to Re-apply UK Visa

If so, how long is the re-applying? Is it true that they won't take my Passport for the re-applying? Do you think I can receive the tourist Visa to the UK. Just to be clear I'm not planning by any circumstance to work in the UK without a legal and valid work permit, Just want to be with my wife for a few days.


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## nyclon (Apr 3, 2011)

No, it's not true. If you reapply you must send your passport. That's where they affix the visa.


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## Green4ever (Dec 1, 2014)

nyclon said:


> No, it's not true. If you reapply you must send your passport. That's where they affix the visa.


How long does it takes?


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## nyclon (Apr 3, 2011)

The most recent data from October suggests that settlement visas take 30 business days but since you've been refused a visa you should expect it to take longer.


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## Green4ever (Dec 1, 2014)

is this relevant to me? https://www.gov.uk/ask-for-a-visa-administrative-review/if-youre-outside-the-uk

What does it means: "you applied to work or study in the UK under a Tier 1, 2, 4 or 5 visa"?

What kind or number of Tier is Spouse Visa?


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## nyclon (Apr 3, 2011)

You applied to join family in the UK which is not a Tier visa. Tier visas are points based so different requirements than a spouse visa.


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## Crawford (Jan 23, 2011)

Green4ever said:


> Ok, I'm think that i"m starting to see the full picture. My lawyer which took care of the application, told me that once my wife send me an annual contract which has an enough amount of money which meets the demands of the UK gov. I can send an administrative review within 28 days from the date of the refusal.
> 
> As shown at this website: Prodedure to Re-apply UK Visa
> 
> If so, how long is the re-applying? Is it true that they won't take my Passport for the re-applying? Do you think I can receive the tourist Visa to the UK. Just to be clear I'm not planning by any circumstance to work in the UK without a legal and valid work permit, Just want to be with my wife for a few days.


You have a lawyer who took care of your application? Really! It appears he knew nothing about the process. I would recommend you get a new *immigration* lawyer or read all the links we have sent you so you know what you have to do.


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## Green4ever (Dec 1, 2014)

Crawford said:


> You have a lawyer who took care of your application? Really! It appears he knew nothing about the process. I would recommend you get a new *immigration* lawyer or read all the links we have sent you so you know what you have to do.


Its definitely seems like he doesn't know what he was doing. although he had success in the past year.


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## Green4ever (Dec 1, 2014)

I will go for the re-applying option. He says that they won't take my passport and I can attach new documents - such as my wife's work contract. He also claims it's under category B and the new review of my papers will help me getting the Visa.


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## AmyD (Jan 12, 2013)

Just make sure you really understand what is required. Don't rely on ANYONE ELSE - not even an attorney - to get this right for you. 

Good luck.


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## Green4ever (Dec 1, 2014)

AmyD said:


> Just make sure you really understand what is required. Don't rely on ANYONE ELSE - not even an attorney - to get this right for you.
> 
> Good luck.


I sure will.

*I belieave that this is the relevant section for my sutuation:*

Category B: Less than 6 months with current employer or variable income


This category can be used where the applicant’s partner is in either salaried or not salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A. 


Where the applicant wishes to rely on their own employment income (where they are in the UK with permission to work) as well as that of their partner, the employment and non-employment income of both parties must be calculated under Category A or Category B; those categories cannot be used in combination. See example (d) below. 


Under Category B, the financial requirement must be met and evidenced in two parts 


First, where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. 

There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it. 


If necessary to meet the level of the financial requirement applicable to the application, the applicant can add to this: 

• The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly in the 12 months prior to the application, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; 
• An amount based on the cash savings above £16,000 held by the applicant’s partner, the applicant or both jointly for at least the 6 months prior to the date of application and under their control. At the entry clearance/initial leave to remain stage and the further leave stage, the amount above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be added to income. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be added to income; and/or 

• The gross annual income from any State (UK or foreign) or private pension received by the applicant’s partner or the applicant. 


Second, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on: 

• The gross amount of salaried or non-salaried employment income of the applicant’s partner (in the UK or overseas) and/or the applicant (if they are in the UK with permission to work); 


The gross annual salary or income from salaried or non-salaried employment at the date of application. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension; and 
(2) The actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application. This can be combined with the actual gross income received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2).


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## nyclon (Apr 3, 2011)

Green4ever said:


> I will go for the re-applying option. He says that they won't take my passport and I can attach new documents - such as my wife's work contract. He also claims it's under category B and the new review of my papers will help me getting the Visa.


I have already explained to you that this is not true. It doesn't matter whether it's your 1st application or you are reapplying, you must send your passport. The passport is a required document. It proves who you are, how old you are and it is where they affix the visa if successful. Reapplying means filling out the application again, filling out Appendix 2 again and sending original financial, accommodation and relationship documents to support your application.


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## nyclon (Apr 3, 2011)

Green4ever said:


> I sure will.
> 
> *I belieave that this is the relevant section for my sutuation:*
> 
> ...


She may well meet the requirement by Category B but in order for us to help you, you'll need to explain you're wife's employment situation. How long has she been working for her current employer, how much is she making, is she salaried or unsalaried, how long did you work for her previous employer, how much did she make, over what time period did she work for her previous employer?


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## Green4ever (Dec 1, 2014)

nyclon said:


> She may well meet the requirement by Category B but in order for us to help you, you'll need to explain you're wife's employment situation. How long has she been working for her current employer, how much is she making, is she salaried or unsalaried, how long did you work for her previous employer, how much did she make, over what time period did she work for her previous employer?


OK I'll try:

1) starting from october 2014.

2) approximately 30'000 GBP per annum

3) Salaried

4) 12 month


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## nyclon (Apr 3, 2011)

So prior to October 2014 she wasn't employed? If she's only been working since October 2014 then you'll have to wait until she's been employed for 6 months with 6 pay slips each showing she earned at least £1550/month and 6 bank statements showing the money being deposited in her account. She'll also need a letter of employment. Then you apply under Category A.

Category B has 2 requirements. She must have earned at least £18,600 in the past 12 months AND she currently has a job earning at least £18,600. If she wasn't employed before October 2014 then she doesn't meet the 1st requirement and Category B doesn't apply.


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## Green4ever (Dec 1, 2014)

nyclon said:


> So prior to October 2014 she wasn't employed? If she's only been working since October 2014 then you'll have to wait until she's been employed for 6 months with 6 pay slips each showing she earned at least £1550/month and 6 bank statements showing the money being deposited in her account. She'll also need a letter of employment. Then you apply under Category A.
> 
> Category B has 2 requirements. She must have earned at least £18,600 in the past 12 months AND she currently has a job earning at least £18,600. If she wasn't employed before October 2014 then she doesn't meet the 1st requirement and Category B doesn't apply.


*That is not what i said*. She is working for the straight past 10 years and never been unemployed.


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## nyclon (Apr 3, 2011)

Green4ever said:


> That is not what i said. She is working for the straight past 10 years and never been unemployed.


If you explicitly answer the questions I asked I will try to help.


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## Green4ever (Dec 1, 2014)

nyclon said:


> If you explicitly answer the questions I asked I will try to help.


Ok.

What do you need to know in addition to the info which I supplied?


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## Joppa (Sep 7, 2009)

> how much did she make, over what time period did she work for her previous employer?


This is about her previous job.


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## Green4ever (Dec 1, 2014)

Joppa said:


> This is about her previous job.


She worked in Israel before her currently job in London.


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## nyclon (Apr 3, 2011)

Green4ever said:


> She worked in Israel before her currently job in London.


So she started a job in London in October 2014 making £30,000/year and she is still working at that job. That covers 1 part of Category B.

Before that she was working in Israel? How much has she made between her new job and the job she had in Israel over the past 12 months. So, from December 2013 to December 2014 how much did she earn?


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## Green4ever (Dec 1, 2014)

nyclon said:


> So she started a job in London in October 2014 making £30,000/year and she is still working at that job. That covers 1 part of Category B.
> 
> Before that she was working in Israel? How much has she made between her new job and the job she had in Israel over the past 12 months. So, from December 2013 to December 2014 how much did she earn?


Your first sentence is right.

The second sentence is not. I explain: She started to work in London right after she finished her job duties in Israel. There was not "between jobs" situation.


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## nyclon (Apr 3, 2011)

So she didn't have a job in Israel? Until she got her job in London what was she doing?


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## Green4ever (Dec 1, 2014)

nyclon said:


> So she didn't have a job in Israel? Until she got her job in London what was she doing?


Worked in Israel.

I'm sorry, I probably didn't understand. Of course she worked in Israel in the past year.


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## nyclon (Apr 3, 2011)

From what date until what date was she employed in Israel?

How much was she earning in her job in Israel?


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## Green4ever (Dec 1, 2014)

nyclon said:


> From what date until what date was she employed in Israel?
> 
> How much was she earning in her job in Israel?


She worked at her previous employer from September 2013 until August 2014. Her annual salary was approximately 19'000 GBP


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## nyclon (Apr 3, 2011)

Green4ever said:


> She worked at her previous employer from September 2013 until August 2014. Her annual salary was approximately 19'000 GBP


So find out what she made from December 2013 until August 2014 and add that to what she has made since she started her new job. If that is £18,600 or more, then you can apply under Category B.


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## Green4ever (Dec 1, 2014)

nyclon said:


> So find out what she made from December 2013 until August 2014 and add that to what she has made since she started her new job. If that is £18,600 or more, then you can apply under Category B.


Ok. I will cheack it out.


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## Green4ever (Dec 1, 2014)

Green4ever said:


> Ok. I will cheack it out.


I cheaked it out - it is more than 25'000 GPB.


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## Crawford (Jan 23, 2011)

Green4ever said:


> I cheaked it out - it is more than 25'000 GPB.


Deleted


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## Green4ever (Dec 1, 2014)

Crawford said:


> Deleted


???


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## Crawford (Jan 23, 2011)

Green4ever said:


> ???


Now that you are obtaining all the information regarding your wife's work history and income over the past year, you should carefully read the Financial Requirements document that you have been provided a link to, and determine under which category you could qualify.

Post your final figures and determination on the forum if you wish the members to provide further advice.


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## nyclon (Apr 3, 2011)

Green4ever said:


> I cheaked it out - it is more than 25'000 GPB.


If that's the case then it sounds like she meets the requirement. Whenever you decide to reapply you will need to count back 12 months and add up her pay slips from those 12 months a nd make sure her gross pay is £18,600 or more.


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## Green4ever (Dec 1, 2014)

Hi, after consulting with a lawyer - I had been told that if I will be able to show personal savings of the amount of 62,500 GBP. Can you give me more info about it? How long should I have the money? Is it supposed to be in me and my wife's mutual account?


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## Joppa (Sep 7, 2009)

6 months leading to the date of application, and the minimum balance mustn't drop at all during that time. Beware if some of your savings are in another currency. The present turmoil in foreign exchange market can cause havoc, as Home Office will use the exchange rate ruling on the date of application to convert into sterling.


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## nyclon (Apr 3, 2011)

Refer to Section 7 in FM 1.7:

https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf

You need hold £62,500 in a readily accessible account, untouched for at least 6 months.


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## Green4ever (Dec 1, 2014)

Joppa said:


> 6 months leading to the date of application, and the minimum balance mustn't drop at all during that time. Beware if some of your savings are in another currency. The present turmoil in foreign exchange market can cause havoc, as Home Office will use the exchange rate ruling on the date of application to convert into sterling.


The savings are in Shekels - as a result of me living in Israel. The bank account need to be mutual or mine only?


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## Green4ever (Dec 1, 2014)

nyclon said:


> Refer to Section 7 in FM 1.7:
> 
> https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf
> 
> You need hold £62,500 in a readily accessible account, untouched for at least 6 months.


Stocks are legible in this occasion?


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## nyclon (Apr 3, 2011)

The account can be yours, your partner's or in both names. Stocks have be held by you for at least 6 months and liquidated into cash in the 6 month period befor applying.


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## Green4ever (Dec 1, 2014)

nyclon said:


> The account can be yours, your partner's or in both names. Stocks have be held by you for at least 6 months and liquidated into cash in the 6 month period befor applying.


So if I have stocks for 10 years i must sell them (for example) tomorrow morning and then wait for 6 months in order to make the appeal?


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## Crawford (Jan 23, 2011)

Green4ever said:


> So if I have stocks for 10 years i must sell them (for example) tomorrow morning and then wait for 6 months in order to make the appeal?


Yes ......


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## nyclon (Apr 3, 2011)

Green4ever said:


> So if I have stocks for 10 years i must sell them (for example) tomorrow morning and then wait for 6 months in order to make the appeal?


No. You have to sell them at some point before application. You have to be able to prove that you have owned them for at least the 6 months before application but you do not have to sell them 6 months before application. You must hold the proceeds in cash before you can apply.


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## Joppa (Sep 7, 2009)

Also the cash value of your investment can be no more than the value at a point 6 months before selling it, i.e. any increase in value during the last 6 months isn't taken into account.


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## Green4ever (Dec 1, 2014)

I'm little bit confuse here.

*The problem in my case is simple* - my wife (a British citizen) has to supply proofs that she can sponsor me (Nob EU citizen) or, in the other hand - I must supply funds proofs that i can take care of my own without any help from her.

The quickest way of doing so, as far as I know, is to give proofs of funds that I have in my account. 

What is the best way to do so?


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## stickyfingers (Jun 23, 2014)

Have a read of this as it explains exactly what each category is and what evidence you need to supply

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf


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## Joppa (Sep 7, 2009)

You don't have to supply anything - it's your wife who has to show she can meet the financial requirement. The only time your financial position comes in is when you are now in UK and permitted to work, or you are using savings in either or joint name.


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## Green4ever (Dec 1, 2014)

Joppa said:


> You don't have to supply anything - it's your wife who has to show she can meet the financial requirement. The only time your financial position comes in is when you are now in UK and permitted to work, or you are using savings in either or joint name.


If I have 62,501 GBP in my account - it's irrelevant?


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## stickyfingers (Jun 23, 2014)

Green4ever said:


> If I have 62,501 GBP in my account - it's irrelevant?


If you have that amount in your account you can apply under category D, but it must have been in your account for 6 months. During those 6 months the balance can't have gone below that amount. Be careful of the exchange rates during those 6 months

Again, if you read the document, section 7 shows how you can apply under category D


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## Green4ever (Dec 1, 2014)

Hi Guys,

Hope you all doing well. After sending the re-appeal, I got his letter. I would be glad if you will can share your thoughts regarding it.


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## Crawford (Jan 23, 2011)

Green4ever said:


> Hi Guys,
> 
> Hope you all doing well. After sending the re-appeal, I got his letter. I would be glad if you will can share your thoughts regarding it.


Why did you appeal? 

According to this thread you were advised to re-apply since in your first application you failed to show that your wife fulfilled the financial requirements. Your application was based on *your* job in Israel.

You can't appeal on evidence which you did not present during the original application.


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## Green4ever (Dec 1, 2014)

Crawford said:


> Why did you appeal?
> 
> According to this thread you were advised to re-apply since in your first application you failed to show that your wife fulfilled the financial requirements. Your application was based on *your* job in Israel.
> 
> You can't appeal on evidence which you did not present during the original application.


Hi,

Long time 

I'm quit confuse now. I got today this letter, which says that I can bring new materials for the appeal.

Is that so? My lawyer told me that I cannot and I should withdrawn my appeal in order to make new application (around Juley 2015 - after my wife will finally finish her first 6 months Job in a above 18,600 GBP per annum).

What do you think?


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## Crawford (Jan 23, 2011)

I'd listen to your lawyer if I was you. 

Your application was correctly refused because you did not fulfill the financial requirements.

The latest letter is not saying you can present new materials (ie. documentation which you did not present at the first application) but that you can provide written evidence to substantiate the documentation of your first application.

Since you did not present any documentation to fulfill the financial requirements at the first application (you relied on YOUR employment in Israel and not your wife's employment in the UK) I don't see how you have anything to substantiate.

Withdraw your appeal and re-apply, based on your wife having worked in the UK for 6 months and is earning over 18,600 per annum.


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## Green4ever (Dec 1, 2014)

Crawford said:


> I'd listen to your lawyer if I was you.
> 
> Your application was correctly refused because you did not fulfill the financial requirements.
> 
> ...


OK, Thank you for the information - it's much clearer now. I will Withdraw my appeal. Any idea how to make it?


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## Crawford (Jan 23, 2011)

Write to the address on the Appeal letter.


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## Joppa (Sep 7, 2009)

You can submit evidence which was available at the time of your original application but you chose not to include. It's up to the judge to decide whether they will allow it or not.


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## Green4ever (Dec 1, 2014)

Joppa said:


> You can submit evidence which was available at the time of your original application but you chose not to include. It's up to the judge to decide whether they will allow it or not.


So, you say that, any pay slips from my wife in the past 6 months will be irrelevant?


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## Joppa (Sep 7, 2009)

Irrelevant for appeal, ok for new application. What I am saying is you can still submit details of UK job available at the time of original application.


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## Green4ever (Dec 1, 2014)

Joppa said:


> Irrelevant for appeal, ok for new application. What I am saying is you can still submit details of UK job available at the time of original application.


Unfortunately, she did not work then...


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## Joppa (Sep 7, 2009)

I see. Then you can only reapply.


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## Crawford (Jan 23, 2011)

Green4ever said:


> Unfortunately, she did not work then...


Hence you got the refusal...... just re-apply


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## Green4ever (Dec 1, 2014)

I will.

Thanks again!


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## Green4ever (Dec 1, 2014)

Hi guys, 

Hope you are doing well.

I canceled my appeal at court. Now I'm about to start the procces again and submit a new application.

Where can I find a checklist that shows the requirments that I need to fill in order to apply?


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## secretlobster (Mar 2, 2015)

Supporting documents checklist:
https://www.gov.uk/government/uploa...ment_data/file/270197/sup-docs-settlement.pdf

Pay close attention to the financial documents listed on page 2-3.

You can also do a search in this forum for "spouse visa supporting documents checklist" to see what other people in similar circumstances have submitted. There are many, many posts by people who have posted their own checklists. When the sponsor has worked continuously making at least £18,6k for the past six months, you will be required to show bank deposits and/or payslips for the six months leading up to the application, with the most recent document being no more than 28 days old. You should not be missing any statements or payslips during this time period. If you are, you'll have to have a letter from the employer confirming any sick time or other extenuating circumstances which caused a lapse in pay (but this is really best avoided altogether). A P60 is helpful, if applicable.

It's not listed in the guide to supporting documents, but it is strongly advised that you also have a signed letter from the employer on company letterhead stating employment terms (permanent/temporary/contract), start date, job title, and salary. My husband's HR representative also made a statement in this letter that said "I can confirm that Mr. XXX has been making £18,600 since July 2011" and we submitted the letters he received confirming his pay rises.


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## Green4ever (Dec 1, 2014)

secretlobster said:


> Supporting documents checklist:
> https://www.gov.uk/government/uploa...ment_data/file/270197/sup-docs-settlement.pdf
> 
> Pay close attention to the financial documents listed on page 2-3.
> ...


Thank you!

One more question about the link you posted: https://www.gov.uk/government/uploa...ment_data/file/270197/sup-docs-settlement.pdf

Is that the specific link, which is relevant to my situation? *(Non EU citizen* whom married to a* UK citizen* that works for the past 6 months in the UK and earns a non-salaried gross *above* 18,600)


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## secretlobster (Mar 2, 2015)

Yes. I'm not sure if this was a typo, but the gross income should be £18,600, not £16,800.

Non-salaried income is treated the same as salaried income, just calculated differently as an hourly rate. Please refer to page 19 for evidence of this:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf


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## Green4ever (Dec 1, 2014)

secretlobster said:


> Yes. I'm not sure if this was a typo, but the gross income should be £18,600, not £16,800.
> 
> Non-salaried income is treated the same as salaried income, just calculated differently as an hourly rate. Please refer to page 19 for evidence of this:
> 
> https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf


It's was indeed a typo 

Her six months non-salaried is approx. 14,000 (28,599 per annum). I will read page 19.


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## Green4ever (Dec 1, 2014)

I femmiler with page 19, so I will do the checklist that you added in the prvious comment.

thank you again!


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## nyclon (Apr 3, 2011)

Keep in mind that the documents that you need are going to depend on your particular situation. They will depend on how you are meeting the financial requirement, the accommodation requirement and the relationship requirement. You need to figure those things out 1st.


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## Green4ever (Dec 1, 2014)

nyclon said:


> Keep in mind that the documents that you need are going to depend on your particular situation. They will depend on how you are meeting the financial requirement, the accommodation requirement and the relationship requirement. You need to figure those things out 1st.


Hi,

Long time 

I'm well aware of it, as you can see in the previous pages - the finencial requirments regarding me and my wife were pretty clear.

So if nothing has been change since (except of course her working time period), all i need to do is supply her new payslips, in addition to the English test which already approved and the relationship status - that approved by them as well?


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## nyclon (Apr 3, 2011)

You need to figure out what financial category you are applying under. You need proof of accommodation.


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## Green4ever (Dec 1, 2014)

nyclon said:


> You need to figure out what financial category you are applying under. You need proof of accommodation.


Category A - non salaried employee

Proof of accommodation - She signd back in Novenber on a contract for 1 year.


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## secretlobster (Mar 2, 2015)

Proof of accommodation will usually include the initial contract she signed, recent utility bills/council tax statements which show her name and address (proving she lives there currently), and a letter from the letting agent/landlord stating that you as a spouse are permitted to live there.


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## Green4ever (Dec 1, 2014)

secretlobster said:


> Proof of accommodation will usually include the initial contract she signed, recent utility bills/council tax statements which show her name and address (proving she lives there currently), and a letter from the letting agent/landlord stating that you as a spouse are permitted to live there.


Already have all of this documents incloding copies.


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## secretlobster (Mar 2, 2015)

I figured you were mainly just asking about financial requirements... Sorry if we've "over educated"


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## ejw07 (Apr 24, 2015)

I also think he would like to visit his spouse ..being rejected can he do that say as a visitor


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## Green4ever (Dec 1, 2014)

secretlobster said:


> I figured you were mainly just asking about financial requirements... Sorry if we've "over educated"



Don't worry about it. Actually - it is great that you are telling me all that. I must know for 100% that I'm doing everything right. Please keep advice me with anything that you are know or assume can be relevant.


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## Green4ever (Dec 1, 2014)

OK, after reviewing the forum and seeking on checklist - I've managed to build my own checklist which I would be glad you to have a look and make your comments.

I will apply Spouse Visa under category A . Just a reminder - my wife is a UK citizen, non- salaried teacher, working through an agency and paid weekly by an umbrella company.

My checklist:

*A. Application*

-Cover letter
-Original Israeli passport 
-2x passport sized photos
-Printed online Visa4UK application
-Appendix 2 form (category A)
-English test results (Life Skills A1)
-Contract offer from UK employer that wants me to work for him as soon as I will get my Visa.

*B. Sponsor (my Wife)*

-invention letter from her to me
-Sponsorship declaration 
-UK Passport photocopy


*C. Financial*

-Employment letter from employer (an agency)
-Letter from the head teacher of the school that she works at.
-Letter from the umbrella company that pays her salary
-P60 (current year)- Do I need it?
-6 months' payslips (paid weekly)
-6 months bank statements
-Working contract signed an sealed by employee (my wife) and employer ( The school that she is teaching in) another thing - from September 2015 she is going to be permanent salaried directly from the school (not through an agency anymore)


*D. Accommodation*

-rental Contract.
-utility bills

*E. Relationship*

-Attested marriage certificate in English
-Marriage photos (Reasonable amount?)
-Photos of us together in Oman (Reasonable amount?)

Thank.


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## nyclon (Apr 3, 2011)

Offer letter from a potential employer is unnecessary. 

Invitation letter and sponsorship declaration are unnecessary. She can writecacketter if sponsorship and you can write a letter of introduction. They should outline your relationship, common interests and plans for the future. 

You need a letter from the landlord giving you permission to live there.

Future contract for your wife is unnecessary. 

You need 10-15 photos across your relationship including the wedding. You need proof of communication. 1-2 log pages every 6 months or so. 

You should include a sample itinerary for when you'd like to travel.


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## Green4ever (Dec 1, 2014)

Thank you for your replay.

I'm well aware of the fact that Offer letter from a potential employer is unnecessary.
But, don't you think it could help?


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## nyclon (Apr 3, 2011)

No. Your potential employment doesn't enter into the desicion and so doesn't help.


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