# UK spouse visa refused despite earning 60k a year



## cykohed (Mar 18, 2016)

Hi All

So I applied for my wife's spouse visa using an immigration lawyer. She's a Japanese national and we've been living in the UAE for 4 years.

We had all the required documentation (english test, 12 months statements, payslips etc), and used VFS service in Wafi. The immigration support company insisted we had a strong case the spouse visa so we applied in March 10th. 

However I had this main concern that my employer had been irregular with Salary payments. 

Due to the timing of the booking it meant that only 4 of the last 6 months had been credited. We had salaries credited in Jan 20 and Feb 20 just before our application. But large gaps in Dec & November

We provided a letter explaining the lateness from my current employer and explained that these salaries were paid over 30 days late. I provided the salary letter, 12 months payslips and 12 months statements.

I left my current job as they were refusing or could not pay my salary on time. My new job in the UK starts on the april 6th 2016. 

My Dubai job my yearly salary was over GBP60k and in the last 6 months despite late payments of salaries i was paid over GBP22k in the last 6 months (GBP45k by the average working) and then actual income of over GBP54K shown on the statements. 

We paid priority service and got our reply swiftly.

You can imagine my horror to open our visa application and find that we had been refused entry clearance on the grounds of the financial requirement. Citing that my salary was did not match the payslip provided in December and that was insufficient evidence to support that i am fully employed.

The refusal letter seems to be worded in a way that implies that are multiple reasons for our refusal and said no flexibility was given (des

It also mention lack of evidence and effects on any child in the UK. (we have no children nor are their any in the accommodation)

we supplied the following for the financial requirement

* Letter from employer outlining salary (official letterhead sign stamped by CFO
* Letter from employer outlining delay in salary (official letterhead sign stamped by Chief Accountant)
* 12 months payslips (originals stamped and signed by chief accountant)
* 12 original bank statements (GBP 22k credited in the last 6 months and over 54k over the 12 month period)
* Entry visa letter copy 
* Offer letter for job in the UK starting on April 6th 2015 for full-time role, 42k a year. (original letter & signed managing director)

For reference no other reasons where given, so i can assume that the relationship evidence (lots of photos, tickets, wedding certificates and otherwise) 

So because my employer failed to pay me on time, i'm being punished yet again. Despite providing evidence to explain the delay. 

Our immigration advisers are now telling us its 50/50 because the salary should be paid within the period. But are drafting a reconsideration letter because the refusal mention that we didn't provide evidence that we did and that the December salary was paid just 37 days late;.

So waiting - for the whim of some clearance officer.

We can't also mention that had trouble with our employer either - as the application has all ready gone? Even though its clearly mention in a letter from my employer that im in full-time in employment and the salaries had been late.

Completely lost - can't believe I've been earning really good money and now facing extended separation from my wife. Its crazy clearly employed and clearly have money, the employer has admitted fault but amount is over the required amount.

Fingers crossed someone with common sense can help us in Abu Dhabi British embassy.


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## AmyD (Jan 12, 2013)

37 days is not insignificant. If you failed to show that you were paid every month for six months, you were rightly refused a visa. Just reapply, and don't use that advisor; he or she sounds useless. There is no such thing as a 'reconsideration letter'. He can send a letter but the home office will just throw it in the bin. Your application has no hope of being 'reconsidered' - 50/50 is an absurdly optimistic view. Save your money. Fire the advisor and reapply on your own when you qualify.


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## Crawford (Jan 23, 2011)

What category did you apply under?

Are you salaried ie. get same gross pay every month?or non salaried?

In last 6 months you only received 4 out of 6 payslips due?


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## cykohed (Mar 18, 2016)

Fully aware 37 days is a long time, I'm on a full time time permanent full time contract for 360,000 aed per annum salary, Which is over 60k gbp.

I provided an official employee letter which outlined my salary details letter plus a letter explaining the delay in salary payment from my employer.

So the last 2 months I had my aed30k debited each month, then there was a large gap in December when the salary payments were late. I'm normally paid within the 15th of the next month. 

Only January is actually outstanding now and February 

Our adviser told us that the late payment would not be issue as long as we had this this letter explaining it. So despite having over gbp27k in the last 6 months with recent payments and evidence for employment over the year fully

Applied under the salaried route as I am actually employed. But finding out there is no route for full time employees who have had late salaries.

The plan b is waiting 6 months for my new job to qualify or our savings to be old enough.


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## Joppa (Sep 7, 2009)

There is nowadays little wriggle room for financial requirement. Maybe a week or so late is acceptable but not month or more. This casts doubt on the entire veracity of your employment and, if in doubt, they reject you. Your professional advisor was wrong in suggesting you would be fine - I'd have said don't apply. Perversely, that you are on a salary of £60,000 has made them question the entire story - similar to claiming you are on a million pound a year but have only received a couple of monthly payslips in 6 months - reputable employer doesn't work like this.
Yes, there is no point in appealing - you can if you like but there is little chance of success, and wait till you can submit details of your new job or till you can use the savings route.


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## cykohed (Mar 18, 2016)

I would agree if I had just picked a number out of the air

but there is GBP56K credited via salary in the last 12 months original statements
Letters from employers and payslips. 

27K in the last 6 months statements so its clearly supporting that i'm paid that much

maybe my lawyer has messed up and should of applied on the route B angle?


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## Joppa (Sep 7, 2009)

You can try.


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## cykohed (Mar 18, 2016)

Joppa said:


> only received a couple of monthly payslips in 6 months - reputable employer doesn't work like this.


Yes this is the KEY part of the issue - my employer could not pay salary in the november and december and refused to make me redundant. Currently pursuing a complaint UAE government.

But was actually fully employed for the last 2 years - I have my end of service salary pending and January. Which yes is bad and perhaps your right, maybe the lawyer was a big mistake.

They really need to add some guidence for people in bad situations.


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## Joppa (Sep 7, 2009)

No, that would be too much. To cater for every eventuality only encourages people to push the boundaries. So they just have one rule and more-or-less stick to it, so they can say, you don't meet the requirement so we reject you.


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## cykohed (Mar 18, 2016)

Yes you have a point. Sounds like even route B would be a stretch in my case as I have a full time contract. The ECO did miss some things in my refusal, but looking at what you guys have said the advice we where given was wrong.

So now i'm really doubtful of an appeal or reconsideration.

What the plan B is, I can wait six months for my UK job. But raises the question what will my wife do she has no job at the end of may and her visa was tied to mine. I've been told getting a visit visa will be extremely tricky (despite being Japanese) and her lack of ties in Japan will make it even tough

we have cash savings over 70K GBP. But my concern is there technically not in the right account or have moved around too much.

Across multiple accounts, with evidence to support where it came from (e.g employment) all instant access. the Money is spread across 6 accounts and we had to transfer money from one account to other. (e.g current to savings). So its not just a pot of cash sat there waiting. 

A month to month tally taking the balance of each account on the first of shows the total tally never goes below GBP 65K at todays rates. 

Do people just simply get seperated if they make one mistake or lose their job?


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## SySy055 (Jan 9, 2016)

Does she have family she could stay with in Japan perhaps until this can be sorted out?


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## cykohed (Mar 18, 2016)

Yes. She could stay with her mum in Tokyo.

But she has no job in Tokyo and its obviously means we will be separate for extended period of time. Its a an expensive 20 hour flight. 

We are concerned that the seperation will then effect our relationship criteria and just our relationship fullstop.


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## nyclon (Apr 3, 2011)

cykohed said:


> Yes. She could stay with her mum in Tokyo. But she has no job in Tokyo and its obviously means we will be separate for extended period of time. Its a an expensive 20 hour flight. We are concerned that the seperation will then effect our relationship criteria and just our relationship fullstop.


Plenty of couple endure separations while they work to meet the requirements. As part of your relationship evidence you will provide proofyou have kept in touch whilst separated. So, you'll include things like email, Skype and text logs.


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## cykohed (Mar 18, 2016)

Is it worth me complaining with my current immigration adviser feels like they submitted us down the wrong route?' Despite

I suspected this might be an issue when I discover they had made a major mistake on a form (which put me as the applicant not the sponsor) but we corrected.

So is my wife just forced to live in Tokyo for six months?


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## Joppa (Sep 7, 2009)

Your okusan can stay with you in UK as visitor, but proceed with caution as the immigration will be sceptical about her true motives and may suspect she will overstay after the rejection of her visa. Or she can try getting a short-term student visa to study English (needs confirmed place in a language college/school and return flight) or if she is under 30, can try to get one of 1,000 places available for Tier 5 youth mobility scheme visa.


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## cykohed (Mar 18, 2016)

Thanks Joppa

Sadly she's over 30, but we will try a few avenues.

One final question - is it worth me and wife reapplying on Category B.

Because as of tomorrow I will have received 11 of the last 12 salaries in full and my statements show a that 330,000 AED (equiv to 62K GBP) has been credited into my account. All of which in the last 6 months were late. But my old employer is offering lots more evidence and explanation and letter confirm exactly when everything was credited. 

I'm strong tempted to apply on this route, but this terminology worries me

2) The actual amount of gross income received from the applicant’s partner’s salaried
or non-salaried employment overseas in the 12 months prior to the date of
application.

It can't be as simple as them adding up - I feel like they must do something weird to figure it out? 

BTW your other other comments on the other threads are mega helfpul. Thanks


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

cykohed said:


> Yes. She could stay with her mum in Tokyo.
> 
> But she has no job in Tokyo and its obviously means we will be separate for extended period of time. Its a an expensive 20 hour flight.
> 
> We are concerned that the seperation will then effect our relationship criteria and just our relationship fullstop.


Surely you should be able to or be willing to support your wife financially quite comfortably considering you're earning £60k+ a year, if she loses her job. That includes being able to pay for her flight.

Your relationship shouldn't be affected at all if you both have a strong bond and an understanding.


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## cykohed (Mar 18, 2016)

Living in Dubai is expensive - as is travelling around and a wedding - the last 2 years salary went into my savings, paid of debt and covered expenses.

She herself has been earning 45k a year for 4 years and has about 45k in cash savings. Its just all in the wrong kind of account or place. She can support herself.

my new job is now 42k with tax. Money isn't the issue. I can support her anywhere - im just trying to find out which piece of paper proves that i do so that i can actually see her and spend time with her. Not just see her once in the next 6 months. Im sure worst case. Weirdly when you love someone - Skyping them is exactly a replacement. You make a commitment to support them through all the mundane stuff life throws at us, not sending over a 1K. Equally she's 34 and wants to try for a child... so i cant mail that over to japan.

This is the ironic thing - this process is just all about money and technicalities. How the hell is anyone who is earning a more modest income or 2 weeks off to read all the documents. 

I understand the process now, but I hired a professional company to advise me in the first place and spend time getting all the evidence together (which we did) and the ECO didn't even look at the letters we provided from the employer. If a registered agency cannot make an application with someone like me who has a had regular income for a year (with one gap in december - which is explained in a letter) then who can?

And anyone with common sense would think I qualify. Maybe my advisor may of submitted our papers wrongly or gave us the wrong advise. Half the rules you read on the forums aren't official there just because the ECO has final say, is worked to death and likely to make errors. 

It's not all about money - strongly thinking where the hell i should call home because the only right i seem to have in the UK is to work and pay tax. And i haven't got an extended family or any right to live anywhere else. 

Just reading how many problems people have and how many my personal friends have had. Just feel like they treat landing in the country like some magically door that unlocks all these benefits...

When no benefits are available - its impossible to get nhs, like what possibly can a spouse claim other than a return ticket if she hasn't nothing. 

The only reason we want to go to the UK is because we both speak english and integrating into Japan is massively challenging.


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## Cousin Jack (Feb 6, 2016)

I can empathize and agree with many of your sentiments. Its ironic that a EU member from another country with a non EU spouse, neither who may have never visited the UK before and maybe cannot even speak English can take priority over yourself and your wife. Its ridiculous but those are the rules (for now). Good luck and I am sure you will eventually get there.


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## cykohed (Mar 18, 2016)

Small update. Turns out we did apply under category b and the delays were clearly mentioned.

Me and my wife are now consireding reapplying from Tokyo. After I have started the role in the uk in early May

Under category b again but the uk job version, I can then provide more evidence of my current and previous job . And I can have the pays lips re-issued with more details (like actual credited date etc). A more clearly worded letter from my employer who paid me late. I have 330k aed of 360k salary credited into my account (maybe more by the time of the application) and only 25days between each job.

Does this sounds crazy or worth a try ?


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## Joppa (Sep 7, 2009)

Your current job becomes the second part of requirement under Cat B, having earned at least £18,600 in the 12 calendar months through one or more jobs. So late payment, etc doesn't matter so much provided that the total received in 12 consecutive months comes at least to the minimum.


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## cykohed (Mar 18, 2016)

Thanks Joppa

So as we qualified last time under category B (which did apply under) - i need to make sure the evidence is rock solid this time. Just to confirm I need the followiing

+UK job - employment contract, first payslip and salary letter and i cant think of any thing else
+ Dubai Statements for 12 month prior to the application (showing Dubai Job
+ uk account statement (for how long) showing first UK job payslip?
+ Dubai job payslips, letters (and i will add employment contract), Is 11 payslips covering that period enough evidence?

would total income over the last 12 months include the new job. Which would be GBP 54,989

I wont have a p60 or anything. Would i need anything else?

Obviously including the prior refusal and the letter our solicitor wrote.


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## cykohed (Mar 18, 2016)

Sorry posted as a new thread. Apolgies my mistake

Hi All

Thanks for your help with my previous refusal. We tried on category B with a job in Dubai and job offer in the UK - Thread here. Refused on financial grounds as they did not believe i was in full time employment. 

I wanted to see whether I should try and reapply under the having a job in the UK with 12 months income category B. From Japan in May.

My main issue is that although I was employed full-time my employer failed to pay me ontime in some cases very late.

Would the following image reflects my real projected income in May (assuming my UK job goes to plan) 

The following is my last 12 payslips including the amount actually credited (bar april which is an assumption)
http://i.imgur.com/Rf6qFcu.jpg?1

The second shows actual credits into my account in the last 12 months
http://i.imgur.com/Ci2D0e4.jpg


Supported by the following evidence.

+UK job - employment contract, first payslip and salary letter
+ UK account statement (for how long) showing first UK job payslip? 
+ Dubai Statements for 12 month prior to the application (showing Dubai Job
+ Dubai job payslips, letters (and i will add employment contract), Is 11 payslips covering that period enough evidence?
Obviously including the prior refusal and the letter our solicitor wrote.

I clearly have income total income over the last 12 months which would be GBP 54,989 but - does it pass the rules?


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## cykohed (Mar 18, 2016)

So I'm really confused ... I've read the financial rules and the evidence required.

Under uk job category b - do you need to have 6 month straight runs of salary? Within those 12 months or am I basically screwed because i had one month without pay ...?

My wife is freaking out because I can't give her a straight answer

I can understand providing more evidence... Do think I should I reapply a month after my uk job in category b again ?


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## SHUVO GIRL (May 2, 2014)

My husband's friend used an 'immigration solicitor' for his wife who's based in Malaysia. They're application was refused due to financial requirements.

You have to be careful who you use, there's so many bad ones out there who draw you in because they speak the same language as you but miss out vital things. It's devastating because you're paying loads of money.

Use someone who's got a good track record. 

Good luck for next time.


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## cykohed (Mar 18, 2016)

Hi quick question. If someone could advise it would be appreciated 

Im now leaving dubai . If we reapply in may from tokyo.Can i get my uae verified bank statements (12 months) now? or should i close at the end of april (i return for a few days) ? I dont want mess up on the the 28 day rule. 

My uae older employer is reissuing all my letters payslips (with more detail) on aprl 30th so that should fall with in the 28 days.


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## nyclon (Apr 3, 2011)

cykohed said:


> So I'm really confused ... I've read the financial rules and the evidence required.
> 
> Under uk job category b - do you need to have 6 month straight runs of salary? Within those 12 months or am I basically screwed because i had one month without pay ...?
> 
> ...


Under Category B you have to have earned at least £18,600 in the last 12 months AND you must currently be working in a job in the UK earning at least £18,600/year.


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## nyclon (Apr 3, 2011)

cykohed said:


> Hi quick question. If someone could advise it would be appreciated
> 
> Im now leaving dubai . If we reapply in may from tokyo.Can i get my uae verified bank statements (12 months) now? or should i close at the end of april (i return for a few days) ? I dont want mess up on the the 28 day rule.
> 
> My uae older employer is reissuing all my letters payslips (with more detail) on aprl 30th so that should fall with in the 28 days.


The 28 day rule applies to your *current* job. Your payslip and bank statement from your *current* job can be no more than 28 days old and your letter of employment from your *current* job can be no more than 28 days old.


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## cykohed (Mar 18, 2016)

Thanks nyclon for clarifying both issue.


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## cykohed (Mar 18, 2016)

If i have income going into the uk account only for the first month. Do i include only 1 month or 6 months of that bank statement amd for my uae account can i include 11 months statements or do both accounta have to cover the entire 12 month period?


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## Joppa (Sep 7, 2009)

No. You can mix and match your different statements.


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## cykohed (Mar 18, 2016)

Thanks Joppa

So for my *previous UAE job* the 11 months previous UAE bank statements plus the related 10 payslips 

And my *current job *- 1 month recent UK bank statement plus my first payslip from my new job.

Would suffice?


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## nyclon (Apr 3, 2011)

If you only have 10 payslips from your previous job then you only need 10 bank statements showing those 10 payslips being deposited.


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## cykohed (Mar 18, 2016)

So if i have decenbers payslip credited in feb i only give feb payslip (my payslips now mention credited date)


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## cykohed (Mar 18, 2016)

As an example


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## cykohed (Mar 18, 2016)

The reason i ask is my last 11 statements are 265 pages long with only december not having a credit. 

My payslips now clearly state when they are credited (which helps) but its 30 - 45 days after the month in some cases. 

Overall gross income is over £50k


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## nyclon (Apr 3, 2011)

You need to supply the payslips and the bank statements that show the payslip being deposited. So what you are saying is that because there were delays in your pay there is no deposit in December?


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## cykohed (Mar 18, 2016)

Hi nyclon this table image reflects exactly what the credited amounts are, when and in relation to what payslip.

http://m.imgur.com/Ci2D0e4?r

(Assuming my job goes to plan in april)

we have letters explaing the large delay and my payslips now have credited dates (so dec was paid in feb)

The image clarifies my financial situation

Also the previous refusal mentioned no salary in December and discounted the whole year income and other evidence ( we applied categor b)


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## GeorgeC (Jan 11, 2016)

Not that it's any comfort, but the UK deliberately has a very difficult immigration policy - to reduce it.

I've been living apart from my fiancée, now wife, for over 4 years. I'm finally at the last hurdle. 

The only suggestion I can offer you, if you don't want to leave her side at all - is to look in to the option of taking a job elsewhere in Europe. Which opens up different immigration options in to the UK.

I am not the man to advise further on this, though. I've just read enough to know it exists. 

I feel your pain.


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## Joppa (Sep 7, 2009)

That door may be shut in the event of UK voting to leave EU in June.


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## cykohed (Mar 18, 2016)

At the moment we havemt given up fully. I did recieve over 50k incime over the last 12 minths and have more clear evidence of where it came from. 

What your sayinh is they can deny on whim just to meet a political goal? 

Surely they follow guidelines or they dont i just want do my visa application as closely to the guidelines as possible .

I guess if we dont pass in the 6 months we will come to dubai or work in japan.


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## cykohed (Mar 18, 2016)

If joppa or nyclon could just clarify whether its worth me trying to apply in may on this income on uk job catebory b 
http://m.imgur.com/Ci2D0e4?r


Even if they count from November im over the 18.6k?

I promise i wont post another question ray:


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## GeorgeC (Jan 11, 2016)

I don't think it's whimsical. It's just very strict.

Bear in mind that I don't have any of the experience of people like Nyclon and Joppa.

If you were rejected already because they weren't happy with the huge wage discrepancy, you should accept that there's a high chance of refusal for it again.

I understand that you've explained it as best as you possibly can - but whether that's enough for them to overcome their suspicion of it is another thing entirely.

There's a reason I've spent so much time apart from my wife. Because I want to play it as safe as I can, and even I am anxious on our pending outcome.

My advice is save yourself the heartache and play the long game - where you're sure you've dotted all of the i's and crossed all of the t's.


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## cykohed (Mar 18, 2016)

ok to simplify matters here is the actual refusal letter
refusal letter - Album on Imgur

Things to note we applied under category B -


The eco references 6 months payslips
The eco references december not being paid - despite a letter clearly stating it was paid in feb and explaining delay fro employer
The eco mentions a uk child (not children mention in application)
The eco does not acknowledge any of the of the other evidence (12 months statements, payslips, letters)
The eco also acknowledges the job offer but then says it does it o****


actual project 12 month income from may 2016
Imgur: The most awesome images on the Internet

We are thinking of reapplying from may in tokyo on the UK current job rule with 12 months income over 18.6k rule. category b

with clearer evidence of the payslips (reissued with credited dates) and more supporting evidence e.g visa copy, uae employment contract 

and of course the new job, contract, letter and first payslip


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## cykohed (Mar 18, 2016)

Hi all been in my new job since the 6th April 

Getting together my new financial evidence to reapply under category B (current job in the UK) after receiving my first payslip with bank statement. We will be reapplying from Japan this time (where my wife is moving). 

I've read over the Appendix FM 1.7 & Appendix SE probably more times than i can remember, i think we have a strong 

_Ive drafted the following response to our previous refusal -- feedback welcome. 
_*Previous Refused Application for Spouse Visa March 15th 2016
*
Mrs _Applicant_, application for entry clearance to the United Kingdom as the Spouse of a British citizen was refused on 15th March 2016 on the basis of the accompanying refusal letter. The following responds to the points raised in the letter. Mrs _Applicant_, had applied under 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK. The application was submitted under the guidance of a registered immigration advisor _REMOVED for privacy_.

*Point 1 “Lack of evidence for job offer starting within 3 months of returning to the UK”*

It is noted that the ECO felt that there was a lack of evidence for the job offer in the UK. Although we did supply the original offer letter of a role in the UK starting within 3 months on the sponsors arrival with a full time permanent salaried role as “Head ********” with a salary of £42K per annum starting the role in April 6th 2016. As outlined in the Appendix FM SE requirements (Original offer letter on official letterhead signed by the managing director dated with 28 days of )

Steps taken to address - The sponsor is now currently in this new role in the UK from April 6th 2016 and we have reapplied under Appendix FM 5.3.4 category B residing in the UK.

*Point 2 “Not providing evidence employed for overseas employment”*

The ECO mentioned that the application did not provide the appropriate evidence as outlined appendix FM SE. Although the applicant did contain the original payslips for the 12 month period preceding the application as required under category B. Alongside the original salary letter confirming the details of employment and a letter explaining my salary payments and delays. With original stamped bank statements for the 12 month period showing the salary being credited 11 times.

A lot of the evidence we did provide under Appendix SE was not acknowledged or referenced .All financial documents were supplied on original letters, signed (and stamped where possible) within 28 days of the application

*Steps taken to address *- The sponsors UAE employer has reissued the salary letter, letter of payslips confirmation, payslips (relevant to this period with clear credited dates) and we have provided additional supporting evidence that the sponsor was indeed in the employment with _SPONSORS PREVIOUS COMPANY._.

*Point 3 “December salary not credited”*

It is noted that the ECO main point of refusal December 2015 salary is not reflected in his Bank Statements. The December salary was in fact credited in 20th February and reflected in the bank statement. Which is very late but within the 12 month period before the application. A letter from the sponsor's employer explaining this delay in salary payments from November 2015 onwards explained and clarified this situation. This explanatory letter, nor the other 11 salary credits reflected in the sponsor's statements to the value of £62,000 were not acknowledged by ECO at the time. 

*Steps taken to address* - The payslips have been revised to show credited date and have been reissued by the his previous employer. An additional letter confirming the status of the payslips and table listing the dates when the wages where credited during the 12 month period. This will hopefully give a clearer picture of the sponsor's financial standing.




Continued.

*Point 4 “Total income over the last 6 month does not meet income threshold”
*
The ECO mentioned that the total income over the previous 6 months did not meet the requirement. Yet the application was under category B as described in Appendix FM 5.4. The late salaries were explained in a letter provided from the sponsors employers. This is why applicant did not apply under category A, which is reliant on 6 months continuous salary. At the time of the application, the previous 6 months income was over £27,323 and the 12 months prior to application was over £62,000
. 
Furthermore “Appendix FM 5.4.1” states “Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B.” While the sponsor was in full time employment according to UAE law until March 10th, even if the 4 months before any delays in salaried payment in November. The sponsor’s gross income over the previous 12 months, when calculated exceed the minimum financial requirement.
*
Steps taken to address - * We have reapplied under a new category Calculations for Category B: Less than 6 months with current employer or variable income – person residing in the UK and provided more clearer information on when the income was credited (reissued payslips with clearer dates) and supplied more evidence for my employment in the United Arab Emirates.

*Point 5 “particular circumstance” & “the best interests of any child in the UK affected”
*
The Entry Clearance Officer makes comment on particular circumstance that would be “the best interests of any child in the UK affected by this decision”. The sponsor and applicant do not have a children nor is any child affected by the application. We have no idea what this is referring to. 

*Steps taken to address *- None. To confirm - There are no circumstances that the sponsor nor applicant that any child will be affected by this application or earlier application.

Summary of actions taken to address points of refusal letter

+ As the sponsor is currently employed in his new role in the UK, mentioned in the earlier application. the applicant has reapplied under “Category B: Less than 6 months with current employer or variable income – person residing in the UK “ 
+ Additional evidence supporting the fact that the sponsor was in fact in full time employment and the 12 months income was attained legally in accordance with UAE law. Including original employment contract, certified copy of work visa, employment contract and offer letter. 
+ Alongside reissuing evidence described in appendix FM SE
++ Payslips for the period of 12 months
++ Bank statements for the period of 12 months prior to application
++ Letter from employer confirming salary from _SPONSORS PREVIOUS COMPANY_
++ Letter confirming payslips and payment schedule from _SPONSORS PREVIOUS COMPANY_
++ Please note - A P60 is not available to sponsor as he was not a UK resident in the prior tax years and the UAE does not have income tax or equivalent document. 
++ The payslips for _SPONSORS PREVIOUS COMPANY_ have been reissued with clear credited dates and more detailed letter explaining the schedule exactly when the wages were credited. 
++ For detail of justification of our new application please refer to Part 5: Continuation - Calculations for financial requirements


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## cykohed (Mar 18, 2016)

*Calculations for Category B: Less than 6 months with current employer 
or variable income – person residing in the UK*

Part one (Appendix FM 5.3.4) met by sponsors (SPONSORS) current role at_ NEW EMPLOYER_ as Hea****** in the United Kingdom. Full Time permanent employment with a gross salary £42,000 per annum.

*Supporting evidence
*


Original employment contract from_ NEW EMPLOYER_ & April Payslip for first salary
Letter confirming salary, position and length of employment from_ NEW EMPLOYER_ 
HSBC UK bank statement showing April Payslip being credited
Kindly note the sponsor does not have a P60 as he has only been a UK tax resident in from April 6th 2016. Before this the sponsor was a resident in the United Arab Emirates where there is equivalent no income tax or documentation.

*Part two (Appendix FM 5.3.9) *met by sponsors actual gross income of £60,755 received 12 months prior to the date of application (Appendix SE 15 b) . Gained from any salaried or non-salaried employment from his current role in the _ NEW EMPLOYER_ , UK and his previous role of Marketing Manager for _ OLDEMPLOYER_ in Dubai, United Arab Emirates.

*Table of actual gross income over the last 12 months (plus source & evidence references)*










*Supporting evidence*

HSBC UK statement for the month of April 2016 (see other _ NEW EMPLOYER_ evidence mentioned above)
11 months original statements ( also stamped) from Emirates NBD UAE covering April 4th 2016 - March 30th 2015
Certified copy of UAE residents visa as Marketing Manager for _OLD EMPLOYER_ .
Employment confirmation letter & letter of clarification regarding "delayed payment " from _OLD EMPLOYER_ 
10 x _OLD EMPLOYER_ payslips credited (in AED) in the 12 month period issued by Chief Accountant

Additional supporting evidence for role at_OLD EMPLOYER_ also included Trade License Copy of _OLD EMPLOYER_ Original employment contract, Original Offer letter for_OLD EMPLOYER_ Role - note pay rise after 6 months.



_*Feedback or tweaks welcome if anyone has time. Thank you*_


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## cykohed (Mar 18, 2016)

Quick question for the 12 months income if I apply may 10th 2016 online ... The period would be back to May 11th 2015? So above would not include the 12 month. 

Only 10 pays lips which would about 55k gbp


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## Tee2008 (Dec 11, 2015)

I don't see any reason why you don't qualify under Category B of salaried employment. The requirement is : 

"This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-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."

You must provide evidence that you are earning 18,600 GBP a year ( which your employment letter confirms), and that you have earned at least 18,600 GBP in the previous 12 months. If the ECO refused the application because you applied under Category A, rather than Category B, then that is rather petty, I think. The ECO must be able to see that you qualify, even if you used the wrong category.


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## Tee2008 (Dec 11, 2015)

cykohed said:


> Quick question for the 12 months income if I apply may 10th 2016 online ... The period would be back to May 11th 2015? So above would not include the 12 month.
> 
> Only 10 pays lips which would about 55k gbp


It doesn't matter. You only have to show that you earned at least 18,600 GBP in the previous 12 months. You could have earned it in one month, if you were that lucky!


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## cykohed (Mar 18, 2016)

Sadly as we've found - it doesnt matter if your 20k above the require amount or a 1GBP.
We applied originally under category B from abroad with UK job offer. Despite having clear salary credits we were refused.

So it really doesn't matter what the salary is - as long as your over 18.6K gbp

AND more importantly you have the evidence to convince the ECO at the time.

thus the paranoia.


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## cykohed (Mar 18, 2016)

Hi All,

I'm just drafting my online application, just wondered if someone could help me clarify this question.

*Have you made an application to the Home Office to remain in the UK in the last 10 years?	yes or no* 

If we previously applied for a spouse visa does mean we say no.?


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## Happylady (Mar 16, 2016)

If you applied before and u have been refused u have to answe yes- then u gonna have another question where u have to put the date of your previous application and its number case!


Sent from my iPhone using Tapatalk


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## cykohed (Mar 18, 2016)

Thanks Happy Lady.

But is a spouse settlement visa - I dont think we applied to remain yet?
I've allready put in the application that we previously applied for the spouse visa and referenced it.
its not a super clear question, we cant apply to remain if we have been in the uk.


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## tunderule (Jan 14, 2016)

were you in the uk when you applied for the spouse VISA..... if you were then it is Yes. if not then it is a NO

Remain in the UK means you were already in the UK and you applied to remain in the UK.



cykohed said:


> Hi All,
> 
> I'm just drafting my online application, just wondered if someone could help me clarify this question.
> 
> ...


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## cykohed (Mar 18, 2016)

tunderule said:


> were you in the uk when you applied for the spouse VISA..... if you were then it is Yes. if not then it is a NO
> 
> Remain in the UK means you were already in the UK and you applied to remain in the UK.


Thanks tunderule - we applied from the UAE so we tick no.


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## Crawford (Jan 23, 2011)

You applied to the Home Office to remain (read this as enter and remain) in the UK by previously applying for a spouse visa.

You should answer Yes and refer to original (refused) application and any reference number of the refusal.

_6.8 Have you made an application to the Home Office to remain in the UK in the last 10 years?
Answer Yes/No. Please enter your reference number which is prefixed with the first letter of your family name e.g. Smith = S123456. If this application was refused please give the reason for this_


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## cykohed (Mar 18, 2016)

We;ve never applied to the home office to remain only a spouse visa via UKVI


Like we dont have this only our GWF ref
". Please enter your reference number which is prefixed with the first letter of your family name e.g. Smith = S123456"


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## Crawford (Jan 23, 2011)

cykohed said:


> We;ve never applied to the home office to remain only a spouse visa via UKVI
> 
> 
> Like we dont have this only our GWF ref
> ". Please enter your reference number which is prefixed with the first letter of your family name e.g. Smith = S123456"


The UKVI is part of the Home Office.

Personally, since this question asks for reason for previous refusal I would declare any refusal with details. 

Inputting this info is not going to jeopardise your current application (the HO already has your previous refusal on record). However, not declaring the previous refusal might.


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## cykohed (Mar 18, 2016)

Hi thanks crawford

Sadly I messed up and confirmed application. (idiot I know, so cannot change the online application) 


We had mentioned this refusal at the" previous visa refusals question" mistakenly and mentioned in the additional notes:

I will add a hand written note and cover letter explaining the mistake and correction

"Yes. Previously I had applied for a Spouse visa from Dubai (ref. GWfxx). This application was refused on March 15th. Due to lack of evidence for the financial requirements for my sponsors previous employment. "

Sorry Im such a mess- im losing it, need to calm down.


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## Crawford (Jan 23, 2011)

If the PDF format of the VAF4 form is anything like the online application form I can see why people get confused.

Questions 6.3, 6.5 and 6.8 seem to repeat the same question, albeit in slightly different ways.


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## cykohed (Mar 18, 2016)

yes we stated we are refused the spouse visa and in the additional notes i refer to a letter that addresses the points in the refusal. so like we do declare on the online application the refusal very clearly.

its mention in our introduction letters and appendix 2 

now this handwriten correction and note and cover letter of change will help clarify.

i nearly had a nervous breakdown before.


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## cykohed (Mar 18, 2016)

im still confused. 

when we applied last time we both live outside the uk. applying for a visa to join me in the uk.

im in the uk now and my spouse is applying for visa to join me in the uk.

i was under the impression... aplying to remain is different. for if my spouse was allready with me under another visa in the uk. (student or work etc)


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## cykohed (Mar 18, 2016)

ok weve never applied for FLR(m) or to remain.

we could as my spouse and me applied for a settlement visa from dubai. Not from within the UK.


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## Crawford (Jan 23, 2011)

cykohed said:


> ok weve never applied for FLR(m) or to remain.
> 
> we could as my spouse and me applied for a settlement visa from dubai. Not from within the UK.


You said that you had sent off the application with NO ticked...... so, based on your interpretation of the question, you answered correctly.


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## cykohed (Mar 18, 2016)

yes crawford. seems i put the correct answer.

I think i just had a panic, because i felt so much pressure.

Thanks for the help everyone


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## cykohed (Mar 18, 2016)

Hi All

So we've had a breakthrough. We've found where the mistake was on our original application.

While our appendix A did select category B in 3.3

In 3.30 it selected Category A









I only picked up on this now because our immigration adviser went out of there way to hide this. On reviewing our old application I just spotted this now.

So our refusal makes sense - the ECO saw this refused us under category A

Arguably we still supplied 12 months evidence and the form did select category, but this is clearly what led to the mistake.

Small silly thing, but actually happy to identify the mistake


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## Joppa (Sep 7, 2009)

This again illustrates the need to be crystal clear in presenting your evidence. Since you (or you lawyer) chose the wrong category, your application was processed according to the erroneous category, and since you didn't meet the requirement under THAT category, you were refused. Some people think that UKVI looks at your application, assesses under which category you may meet the requirement, even if it wasn't the one you have chosen, and approves it. In your case they could have assessed under Cat B, but since that wasn't the category YOU chose, they denied your visa. Or others think that disclosing all and sundry financial resources, including savings, means they will kindly pick and choose the categories under which you may satisfy the requirement. No they don't, and the onus is on you to choose the correct category, and only declare those details that directly relate to the chosen category.


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## cykohed (Mar 18, 2016)

Yep - it really highlights how you shouldn't just believe what a immigration adviser says flat. We checked through everything, but were naive to the process. But - my wife signed the declaration.

The fact I only found out now because our caseworker hid this page - says a lot. She showed us the page at the front were it did correctly select category B.

It's annoying - but I think its good for everyone to see like you said and remind people to check their lawyers work.


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## dalizk (Apr 12, 2016)

Wow just for an X in the wrong space they refused it, even though all the evidence was there. Now I'm worried about my own application. This is too stressful.


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## cykohed (Mar 18, 2016)

Our circumstances made it more complicated.

We did check "category B" but we also wrongly checked "3.33 - 6 months continues salary category A" later in the application under lawyers advice.

We didnt have 6 months continuous salary. So we were rejected.


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## ameliabysea (Feb 29, 2016)

So, in this case, if you're applying under Category A, you leave the second question (in the photo above, 3.31) unticked entirely, right? As it doesn't apply at all?

We're going Category A so have marked 'yes' for 3.30 and have left 3.31 blank (well actually I put N/A under the words 'Category B').


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## cykohed (Mar 18, 2016)

Tbh we where applying under category b. I'm not sure how to answer your question.

But for us we should answered no. Under the ukvis definition.


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## Joppa (Sep 7, 2009)

If you are applying under Cat A, answer No to 3.31 and move to 3.39. It doesn't matter if you would qualify under Cat B as well, just answer No.


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## cykohed (Mar 18, 2016)

Small update, we've sent our new application..

Country applying from: Japan 
Type of visa applied for: Spouse Settlement Refusal 
Date application submitted (online or in person): 10 May 2016
Date biometrics taken: 18 May 2016
Date documentation was received by UK Border Agency office: No communication
Office location processing your visa: Manila British Embassy
Paid Priority - but previous refusal so will be longer
Projected timeline given: On the website 60 Days - 10 days for priority

So our expectations are between 10 days or 60 days and up 12 weeks. Because even though our previous refusal was under the criteria of Category A and we should be applying under a new category with correct evidence. So fairly straightford in theory

Experience at the VAC was great, very smooth, they accepted all our extra letters. The key with Japanese visa place is, if you try and give a calculations sheet as part of the financial evidence - they will refuse, however if you give is a part 5 extension of the appendix 2 they will accept (same goes for any additional evidence). It's just about supplying the right bits in the right place and saying the correct words. My spouse had no problems. 

Apparently its rare for settlement applications from Tokyo as most apply to remain from within the UK on a preexisting via.

YET - Our expectations are very low and we already planning for our next application under category A or cash in 4 months, I suspect we will be scrutinized heavily on this and as its not straight forward. Reading about the horror stories and the home offices war on a very small part of immigration (e.g spouses) 

*Our new application
*
Our refusal letter was sent before we discovered the error (again this was hidden from us, immigration adviser only sent a copy of the correct pages and then we found our copy). So while our original application clearly picked cat B it later picked 

Which is annoying as the refusal letter could of been simplier - although the refusal letter sent was none accusatory and didn't conflict with this. It ad simply stated we applied under category B (which did) and provided all the evidence under cat B. it highlights the that fact I it could be argued that I did have 6 months continuous salary (but it was paid late). But nothing controversial. 

All the specified evidence is provided and more supporting evidence. We've taken all the guidance and the evidence provided was precise and 

In our reality - We now qualify under our new category (UK job category B) but i'm not 100% sure if our application is correct or they will deem it enough evidence to give the ECO the confidence.

Especially with Appendix 2 - a lot of the layout of the form is confusing e.g how its not clear where a section ends and begins and how they have questions like this YES and NO ( IF YES fill in below). Which for someone who is borderline dyslexic its very confusing. 

We paid priority because - we actually have a lot of money at the moment. So 500GBP for the chance of seeing her a day earlier is worth it. If they was an option to pay 10K GBP in cash now to have face to face interview and talk through the evidence and get an answer within 10 days. I'd pay it now. 


*Minor rant.*

Can I just rant, I sorry but the pressure has been immense, my spouse has no chance in a million years of completing the application due to the language barrier - I struggled, if it wasn't for this forum I would of completely messed it up. 

Plus our immigration advisors have been hiding stuff from us and giving us bad advice (e.g Just turn up at the airport and say your staying for a week and stay for 6 months) - which when it comes from one of the leading companies in the industry - where do you go for the advice. No one knows.

Time is finite. I lost 2 friends last year, one to cancer and one to car accident, I'd give all my money in the world to have them back for 6 months. Being separated from a loved one for anything more than a month is torture. Ive had days of 

What is worse is we both had to leave Dubai and both left our social circles and starting a fresh. Separately.

The only thing we have is money - our current cash saving in total is nearly 100k GBP (but moved into accounts or not old enough) - and ironically the only stopping us is our money. We just dont fall neatly into a clear cut category.

Late salary payments is practically the norm in the UAE (take a search on the Dubai forum its pretty much every week) and like a lot overseas countries they usually hold your last salary payments until your visa (my last 3 jobs did this in some ways) one of them kept 2 months salary until I showed them I had a new visa. 

I'm now working in the UK - frustrating explaining the situation, explaining to our EU staff - a lot of which who have none EU partners in the UK, that I dont have the same rights as them is difficult. (for the record I want to stay in the EU but I should have the same rights). Speaking to UK citizens and other people on work visa's their all shocked to hear that a marriage is meaningless and that the 18.6k a year and PROVE it (not being able to claim benefits) is required. 

I still don't understand why they cant give a interim visa for 6 months, whats so hard about deporting people. Feels like a completely new rule book once your on the ground. My human rights have been infringed a lot and i'm suffering, I get up early to talk to my wife and try and support her, go to work 8-8 generally, come home work on the visa and then I call my wife. Its been like this for the last 6 weeks, going crazy. She cant visit me as she has no ties in Japan.

I can visit Japan for a couples week or so - but if I was to apply to live there I would have to pass a similar requirements for finance and I cant speak Japanese. Ironically we could go live together in any other country except our home countries

And unlike a lot of my colleagues and people i've met on return on the UK, I dont have dual nationality or an extended family in another country. Seriously feel like I should book more Japanese classes pronto.

I just hope a nicer ECO reads our application on a good day.


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## cykohed (Mar 18, 2016)

GREAT NEWS

Visa received. Paid priority. A lot better with Manila

Thank you so much to all that helped and especially the moderators who work so hard. I would of never got this far without your help. The extra letters helped a lot.

CAnnot tell you how happy I am.... 


For all genuine applicants please don't give up hope and learn about about it all, be truthful and accurate.and try and help make the 

Very thankful I don't have learn japanes4 in 6 months and try and move there

Arigato Joppa, nycl0n, Crawford tinderule and everyone else &#55357;&#56379;


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## Crawford (Jan 23, 2011)

Phew..... what a relief..... many congratulations.


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## Happylady (Mar 16, 2016)

Congratulations on your successful visa 


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