# UK spouse visa refused and any further steps help?



## srinihi (Nov 8, 2014)

Hi, 
My wife lives UK citizen and i work in USA(Indian Citizen). Applied for Spouse visa but unfortunately refused. Seeking further steps... Thanks.

Refusal of Entry Clerance
I have considered your application under paragraph EC-P.1.1 Appendix of FM..
..
you were contacted in writing by the office on xx/xx/xxxx to supply the documentation required to meet Appendix FM-SE of Immigration Rules. To date you are not responded. your application has therefore been assessed on the documents available to the entry clerance officer.

The decession
EC-P1.1(c) - Section S-EC; Suitability -Entry Clearance Requirements
ECOs Reasons for refusal
* Requirement met

EC-P.1.1(d) -Section -E.ECP : Eligibility for entry clearance as partner 
Relationship Requirements
ECOs Reasons Refusal
Requirement Met

Once again thanks in advance


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## nyclon (Apr 3, 2011)

You need to give us the details of why you were refused.


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## Joppa (Sep 7, 2009)

Suitability usually means immigration offences, criminal or civil convictions. You must give details of them with documentation.
Relationship means a genuine, subsisting relationship over a period of time with evidence.
Please give the full wording of reasons for refusal in order to advise you further.


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## srinihi (Nov 8, 2014)

hanks for your time and reply. I think i found where mistake happened. I got mail from uk visa officer but some how i missed it. went back to my all emails(inbox/spam/deleted mails) , In that they stated as follows. Just completed the filling appendix 2, willl send out mail to officer request to accept application or for further steps.
--
Dear Applicant,

Further to our recent e-mail confirming the receipt of your application, unfortunately, we are unable to process your application without an appendix 2. We therefore need you to provide an appendix 2.

You can find the form on our website: gov uk government publications application-for-uk-visa-for-family-settlement-form-vaf4a and you can attach it to an email and send it to the email address below.
Please email your response to the following e-mail address quoting our reference xxxxx
VisaSheffield homeoffice gsi gov uk

This is an automated message - do not reply to the email as the response will not be received.
Yours sincerely

Sheffield Visa Section


Thanks..


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## Joppa (Sep 7, 2009)

So you didn't send Appendix 2.
But what are the precise grounds given for refusing your application on a) suitability and b) relationship? What do they actually say? They have nothing to do with Appendix 2, which is all about financial requirement.


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## srinihi (Nov 8, 2014)

Appendix 2 only mail received - i missed and not submitted. Later refusal letter stated that 
not received required document(Appendix-2) and taken decision.

"you were contacted in writing by the office on xx/xx/xxxx to supply the documentation required to meet Appendix FM-SE of Immigration Rules. To date you are not responded. your application has therefore been assessed on the documents available to the entry clearance officer."

Hope it nothing to do with the sections i believe. let me send out mail and wait for response..

Thanks


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## Joppa (Sep 7, 2009)

So were you actually refused a visa? Then they must tell you in writing the precise ground(s) for refusal, quoting the particular rule(s) you have failed to meet. What are they? Or are you still waiting for the outcome of your application?


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## srinihi (Nov 8, 2014)

Sorry for delaying in replying the mesg:
First of all Immigration officials sent mail and requesting for Appendix 2 and requested to reply in 2 working days because i have processed my application on premium. Unfortunately i missed to provide Appendix 2 details in working days. 

Based on the insufficient documents, and looking into premium processing they refused(as per my understanding). returned my Passport and with docs. The refusal document stated the sections in my first thread.

I would like to know if refused, do i need to apply fresh application or they may consider my request?
Thanks


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## Joppa (Sep 7, 2009)

What were the 'ECOs Reasons for refusal' in the refusal letter?


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## zakmuh (Aug 18, 2014)

srinihi said:


> Hi,
> 
> Refusal of Entry Clerance
> I have considered your application under paragraph EC-P.1.1 Appendix of FM..
> ...


Hello,

You are not giving us the right info we need to assist you Srinihi! Youve missed a paragraph from that letter. So you need to look in the refusal letter for something like below (bold letters) and type the exact paragraph (wording) from that:

'EC-P1.1(c) - Section S-EC; Suitability -Entry Clearance Requirements
ECOs Reasons for refusal
* Requirement met

EC-P.1.1(d) -Section -E.ECP : Eligibility for entry clearance as partner 
Relationship Requirements
ECOs Reasons Refusal
*Requirement Met

*EC-P3.1 - Section -E.ECP : Eligibility for entry clearance as partner 
ECOs Reasons for refusal*
**Your sponsor has not submitted 12 months bank statements as specified in the required evidence. These documents are specified in immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration Rules. (E-ECP.2.1))'*


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## srinihi (Nov 8, 2014)

I took the front page pic only not the back page.. i missed. after seeing mesg looked , yes there is more on it.. including original doc as pic looks like not in a possition to attach images..
Based on the doc:
Planing to do
- provide my last 3 years yearly salary slip, one year bank statement
- spouse last 5 years job contract , 5 years yearly salary slip, one year bank statement
- savings not there, how to address
- she is very much earning more thank 18000 pounds per-annum.

Let me see how to attach images if not i have to type whole page..
sorry for that. tomorrow i will do it.



Thanks


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## nyclon (Apr 3, 2011)

Have you read FM 1.7 which gives the details of options for meeting the financial requirement?

Your income has no bearing on the financial requirement if you aren't already living in the UK on a visa which allows you to work so it is completely unnecessary.


If you will be relying on your wife's income from salary then you will either need 6 months of pay slips and bank statements or 12 months of pay slips and bank statements along with a letter of employment and the contract and P 60 if she has them. 

If you are meeting the requirement through the UK spouse's income then there is no need to show savings.

Please read through FM 1.7 as it seems like you are focusing on a lot of unnecessary documents.

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


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## srinihi (Nov 8, 2014)

Thanks for your inputs.
I live in USA and she lives in UK. She meets the financial requirement but i need to provide complete details. Find some time(i have very tight schedule today) and update the exact letter words here.


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## srinihi (Nov 8, 2014)

Refusal of entry clearance	s
	Nationality Indian
Your Application:
You have applied for an entry clearance as a partner under Appendix FM of the Immigration Rules. I have considered your application under Paragraph EC-P.1.1 of Appendix FM of the UK Immigration immigrationlaw rules. You can read these rules at www.ukba.homeoffice.gov.uk/policyandlaw/ /immigrationrules/ 
You were contacted in writing by this officer on xx/10/2014 to supply the documentation required to meet Appendix FM-SE of the immigration rules. To date you have not responded. Has your application has therefore assessed on the documents available to the Entry Clearance Officer.
The Decision
EC-P.1.1(c) – Section S-EC: Suitability –Entry Clearance Requirements
ECOs for Reason for refusal
•	Requirement met

EC-P1.1(d) – Section E-ECP: Eligibility for entry clearance as partner
Relationship Requirements
ECOs for Reason for refusal
•	Requirement met

Financial Requirement
ECOs for Reason for refusal	
•	Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP.3.3. I am not able to take into account you any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of the Rule your sponsor needs a gross income of at least Pounds 18,600 per annum.
•	You have not provided the Appendix 2 form to confirm how you are meeting the financial requirement. I have therefore assessed your application on the basis of the evidence submitted.
•	You have submitted:
o	Pay slips for your spouse covering the period Jul 2014 – Sep 2014
o	Bank statement for your spouse account for period 6/14-9/14
o	Pay slips for your own name 7/14-10/14
o	Bank statement in in your name for period 6/14-9/14
•	I have therefore assessed your application as meeting the financial requirement through your sponsor’s salaried employment. In respect of salaried employment the following documents are required:
a) Pay slips covering a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months.
b) A letter from employer who issued the pays lips at paragraph (confirming: 
(i)	The person’s employment and gross annual salary
(ii)	The length of their employment 
(iii)	The period over which they have been or were paid level of salary relied upon in the application; and
(iv)	The type of employment (permanent, fi xed-term contract or agency).
c)	Personal bank statements corresponding to the same period(s) to the date of your application, bank statements for the six month period prior to the application or a letter from your spouse’s employer. You have failed to provide the specified documents of your sponsor’s employment. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of Immigration Rules(E.ECP.3.1)
•	I have assessed your application based on in or the cash savings that you and your sponsor hold. In order to qualify, you and your sponsor require pounds 62,500 in savings in order to meet the financial requirements. An amount based on the cash savings above Pounds 16,000 held by the applicant, their partner or both jointly for at least the 6 months prior to the date of application and under their control can count towards the financial requirement where applicable. The closing balance of your account on dated was on dated was 1100 pounds. The closing balance of your sponsor’s account balance on dated was 2900 pounds.
•	You have provided evidence that you have 62500 in savings or that you held it continuously for the past 6 months. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of Immigration Rules(E-ECP.3.1)

English Language Requirement
ECO Reasons for Refusal
•	Requirement Met

It has also been considered whether your application raises any exceptional circumstances which consistent rights to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the UK outside the requirements of Immigration Rules.

You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of entry clearance outside the rules.

--
Your right of appeal
You are entitled to appeal against this decision under section 82( 1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you must complete the attached IAFT-2 Notice of Appeal Form. An Information sheet has also been provided. Should you require further advice or assistance please visit goww.Justice.gov.uk.

If you decided to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. You strongly advised to complete all sections of the form and submit all relevant , documents with your Notice of Appeal as it may be possible to resolve the points at issue without an appeal hearing.

The completed Notice of Appeal form must arrive no later than 28 days from the date you receive this notice and you must sure it signed and dated.
Entry Clearance Office 
Date of Refusal 04/11/2014
Date sent to applicant:If
How to sent: via VAC
..


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## srinihi (Nov 8, 2014)

i have quick question:
1. My wife collecting all her 5 year above 
- employment letter
- yearly pay stubs
- bank statements(one year)

2. I am taking taking 
- last 3 years current company yearly pay slips
I am investing on my village house hence funds not available in my account time being. 

DO I need to show bank balace " 62500 in savings or that you held it continuously for the past 6 months? or 

An amount based on the cash savings above Pounds 16,000 held by the applicant, their partner or both jointly for at least the 6 months prior to the date of application. ?

Thanks


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## srinihi (Nov 8, 2014)

Do I have to appeal in 28 days ? If so I heard that it will take ages
or
I need to submit fresh application with all compete document?


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