# Spouse Visa Refused -2016



## bathra (Oct 28, 2012)

Dear Freinds,

Unfortunately the visa of my Mrs has been refused. I currently hold an ILR and she applied earlier in the month. They have refused the visa on the grounds 

No Substantial relationship could be determine.. Although we had given most evidence. but missed out on photos and may be wats-app chat. My Mrs was here with in UK for 5 months on a family visitor visa to spend sometime with me here ,, as the marriage happened in a hush hush i preferred the visitor visa option. She also share the name with me on my Council tax bill of the rented property . Even after showing them the council tax bill they refused the visa. But Home-office loves playing with spouse visa i think and try to be difficult 

We are planning to appeal ? has anyone had to appeal.. heard the timelines are crazy so not sure if it will take at-least 6 months or more for it ?


Any help or if you can share your experience that will be great

Rgds
Raman


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## bathra (Oct 28, 2012)

Any advise would be great !! as we are desperate


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## nyclon (Apr 3, 2011)

You posted less than 15 minutes ago. You need to be patient. People volunteer their time on the forum. If and when someone can help you, they will.


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## Crawford (Jan 23, 2011)

You should scan in the refusal letter so we can see exactly what the refusal is.


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## bathra (Oct 28, 2012)

Crawford said:


> You should scan in the refusal letter so we can see exactly what the refusal is.



I have now uploaded the scanned rejection letter

The problem with income is ... 

Last financial year Apr 2014 and March 2015 I was not working through my ltd company . I was working full-time as a permanent employee. All the relevant Sal SLips Bank Statements given

From June to December I have been working through my ltd company.. Dividend Voucher and Bus Bank Statement , Letter of accountant given

They simply get so confused with the change of employer and change from Permanent Payee style income to Ltd Company




My question is if we appeal - does anyone know how much time it could take ? 6 months or one year ?


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## Crawford (Jan 23, 2011)

So looks like you applied for visa in December 2015 and you were self employed from June to December 2015?

If so then your company was not in business for a minimum of one year - you are supposed to send in financial records etc for the last FULL financial year.

In addition it looks like you did not provide any of the legal documentation required for your company - HRMC, tax returns, certain certificates etc.

In addition to that it looks like you provided hardly any proof of marriage considering you have not lived together for nearly a year.

It is not up to the ECO to work out what it is you are presenting. YOU have to prove the case that a) you earn the requisite amount to support your spouse and b) you have a genuine relationship.

An appeal could take up to a year.


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## bathra (Oct 28, 2012)

Crawford said:


> So looks like you applied for visa in December 2015 and you were self employed from June to December 2015?
> 
> If so then your company was not in business for a minimum of one year - you are supposed to send in financial records etc for the last FULL financial year.
> 
> ...



Firslty thanks for a reply ,,,

I will get back to you on the income proof 

We have been living together mate,,, She was here with me in UK from June to November 2015 as a family visitor (6 months visit visa) We got married in April 2015 they gave the visa based on the marraie certifcate.

The person looking at my application does not understand this...


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## WestCoastCanadianGirl (Mar 17, 2012)

Being in the UK on a Family Visitor Visa is just that, a "visit visa" and as such _doesn't_ count as "living together" as far as UKVI is concerned... in order for your time together to have counted, she would have to come over on a settlement visa.


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## bathra (Oct 28, 2012)

You have got a point,,, but after marriage staying with your husband in a rented accommodation with your name with your husband as an official tenant..

Anyway i guess i will appeal (might take the oral appeal route) and complain also.. 

See what happens from there..

Can i ask another question... can i ask her to come back on visit visa again,,, make her apply for another one,... just so that she can be with me...Or you think it will be a straight rejection ?


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## nyclon (Apr 3, 2011)

The answer as you already know because you have already asked this on a thread dedicated to the question, is no. Please do not monopolise the forum by asking the same questions multiple times.


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## bathra (Oct 28, 2012)

Sorry Nyclon,,,, going through stresfull times


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## skyf (Mar 26, 2015)

bathra said:


> You have got a point,,, but after marriage staying with your husband in a rented accommodation with your name with your husband as an official tenant..
> 
> Anyway i guess i will appeal (might take the oral appeal route) and complain also..
> 
> ...


Having added your wife to the Tenancy under the circumstances you state, the Landlord may well have broken Regulations for which there are serious penalties.

You would be well advised to carefully consider your case as a number of the reasons given by the ECO hang well together however much you protest. An Appeal will be difficult.


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## bathra (Oct 28, 2012)

Good point its not the landlord its the council...and i am talking about council tax records


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## skyf (Mar 26, 2015)

bathra said:


> Good point its not the landlord its the council...and i am talking about council tax records


The Council are Landlords and Collectors of Revenue. 2 separate departments, Housing and Council Tax. Any Occupier can have their name on a Council Tax Bill but it does not mean that person is a Tenant. If the latter is the case then your wife is not a Tenant.


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## bathra (Oct 28, 2012)

ok thanks for clarification.,, i may appeal to them and provide additional evidence and see if they over-turn their request


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## bathra (Oct 28, 2012)

Hello Again,

With regards to my Ltd company evidence


I am looking for " Evidence of Registration with the Registrar of Companies at Companies House"


Now can i safely assume that this can be the certificate of incorporation of my Ltd company? Or should i try to download and take a printout from Companies house for this ?


Thanks
Bathra


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## Sania123 (Jan 7, 2014)

Hiya,

i wanted to know whether the applicant (my spouse) in pakistan needs to provide his bank statements or are mine sufficient as i am sponsoring him. 

Thanks,

Sania


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## bathra (Oct 28, 2012)

All,

So with regards to my Spouse visa rejection ,as we submitted all the correct documents when we appealed in February , We finally got an email from them last week which read as below...
to summarize they have withdrawn their decision and are happy with the new evidence. Also only yesterday we got another email from the local VFS office requesting us to submit the passport and a copy of TB certificate.. Now we have a question about Immigration Health Surcharge ...however during the appeal stage the amount got refunded back however when I try go online and try to pay it, it is not allowing me to pay the IHS ? is it because we paid it once (but which got refunded in the appeal stage) and will have to wait for an email link or something from home office to repay it? 



30 June 2016

Dear Mrs Singh 

Re: POOJA SINGH - 15/12/1983 - INDIA

I am writing to inform you that having reviewed the decision on your application on behalf of the Secretary of State I have decided to withdraw the decision of 13/1/2016. You will be notified of the new decision in due course. 

The reason for withdrawing the decision is based on the fresh evidence that has been submitted. The ECO is now satisfied that the reasons for refusal have been addressed.

This letter is being copied to the Tribunal. 

Yours sincerely

ECA
Global Appeals - UKVI
International Casework & Quality Assurance Team
2nd Floor Apollo House
36 Wellesley Road
Croydon CR9 3RR
[email protected]


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## joyfulgirl (Jan 19, 2016)

Congratulations bathra. That's good news for you and your wife. 

I am a bit confused though. I thought one couldn't add new evidence or information at appeal stage but it seems to have worked for you.

I would suggest you send them an email asking how to go about paying the surecharge so it doesn't delay the visa process any further.


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## bathra (Oct 28, 2012)

Thanks ,,,,,,we have emailed but as as usual as their response has not been useful.

Any help on this topic would be great please ?


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## ILR1980 (Feb 5, 2016)

bathra said:


> Thanks ,,,,,,we have emailed but as as usual as their response has not been useful.
> 
> Any help on this topic would be great please ?


Dont worry about IHS. they will contact you for payment


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## bathra (Oct 28, 2012)

Thanks,

Yes we submitted the passport to the VFS centre in Chandigharh and they didnt not ask about anything :fingerscrossed:


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## bathra (Oct 28, 2012)

joyfulgirl said:


> Congratulations bathra. That's good news for you and your wife.
> 
> I am a bit confused though. I thought one couldn't add new evidence or information at appeal stage but it seems to have worked for you.
> 
> I would suggest you send them an email asking how to go about paying the surecharge so it doesn't delay the visa process any further.


Actually we tried our luck here ,, as sometimes they do seem to accept it,,, however it was a long wait for more than more months.,,,

Anyway Have you appealed too ? not sure if I have interacted with you in the past in the same context of spouse visa etc.


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## Joppa (Sep 7, 2009)

You can usually send in evidence existing up to the time when the decision was made - the date of the refusal letter.


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## bathra (Oct 28, 2012)

Joppa said:


> You can usually send in evidence existing up to the time when the decision was made - the date of the refusal letter.


Thanks for your help Joppa and all others on this,, I am glad the outcome was in our favour...

Now the BIG BIG task is to get the new born baby here,,

Father (me) I am currently on ILR (Awaiting on response from citizenship -Bio metrics submitted 3 weeks back)

Wife will get dependent visa now in a few weeks..


Baby ? hmmm may have to get her the home country passport (Indian) and then apply for a visa for her to come here on a dependent visa... Guess thats the only feasible and quicker option ??


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## joyfulgirl (Jan 19, 2016)

Hello Bathra, we received our rejection letters at about the same time and posted them here for advice. 

You took a chance and it worked for you. I'm still hoping that we'll get a favourable response too. 

Congratulations on the imminent arrival of your child. Good news all around.


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## bathra (Oct 28, 2012)

bathra said:


> Thanks for your help Joppa and all others on this,, I am glad the outcome was in our favour...
> 
> Now the BIG BIG task is to get the new born baby here,,
> 
> ...


Hi Joppa,

Would appreciate your views on the above situation of the baby ?

Rgds
Bathra


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## JuniperBluemoon (Jul 14, 2016)

*Child Visa Refused*

Hello Mr Singh,

At last they decided to give Visa, I can see, how much frustration and hopelessness it caused for you. I am in similar kind of boat.


My daughter Visa rejected saying that they would not consider CT600 document as proof.

What a pity, home office is doing??

How long did it took for you to get the response from the start of appeal to decision 1
coming to your favour.

I missed out dividend voucher and submitted CT600, Can I submit fresh documents 1

for my appeal.

Your help is much appreciated.

Thanks











bathra said:


> All,
> 
> So with regards to my Spouse visa rejection ,as we submitted all the correct documents when we appealed in February , We finally got an email from them last week which read as below...
> to summarize they have withdrawn their decision and are happy with the new evidence. Also only yesterday we got another email from the local VFS office requesting us to submit the passport and a copy of TB certificate.. Now we have a question about Immigration Health Surcharge ...however during the appeal stage the amount got refunded back however when I try go online and try to pay it, it is not allowing me to pay the IHS ? is it because we paid it once (but which got refunded in the appeal stage) and will have to wait for an email link or something from home office to repay it?
> ...


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## bathra (Oct 28, 2012)

yes submit all the documents you have missed out.. you will also need to submit the Self Assessment returns for atleast last 2 years.


Good Luck ....

PS : Are you a British Citezen


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## bathra (Oct 28, 2012)

All

Can anyone respond on the below scenario please? This is to get our infant here.

Father (me) I am currently on ILR (Awaiting on response from citizenship -Bio metrics submitted 3 weeks back)

Wife just been granted dependent visa (Spouse)

Baby ? (only 50 days old now) should we get her the home country passport (Indian) and then apply for a visa for her to come here on a dependent visa ?... Guess thats the only feasible and quicker option ?? Or me becoming a British Citizen (due to get citizenship in few weeks) would give us another option ?


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## Joppa (Sep 7, 2009)

You must get her Indian passport and apply as dependant. She won't be eligible for registration as British citizen (by discretion) until you get citizenship AND your wife gets at least ILR:


> Children born abroad to parents who are applying for British citizenship
> Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered *only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK*.


https://www.gov.uk/government/uploa..._data/file/483729/MN1_Guide_December_2015.pdf Page 12


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## Sl84 (Sep 11, 2016)

*Same here *

Hi,
I was refused on the premise of English requirements only.
Took the test, passed, and submitted with appeal.
It has been 7 months now. Application was submitted in Feb 2016.

There are a number of complications. 
1) Information on the initial refusal notice holds detailed family information of which is not mine. Sent numerous complaints to rectify it, they did but apparently we just found out, the UK customs does not have the updated information.
2) it's only an english requirement. They did not give me an interview or an administrative review and we have waited until the deadline which is 28 august 2016. Until now, no news.

Advice on should we just wait it out?
Or it's strong enough grounds to sue? If so, any good lawyers to recommend?

Thks.


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## wibound (Mar 21, 2016)

What on earth do you feel warrants you sueing? From reading your message, you applied for a visa, your application was denied because you failed the English requirement. You have now satisfied that requirement and submitted evidence to show this. You are asking for permission to settle into that country and should also probably be aware that yours is not the only visa that is being processed. They will inform you of a decision once it has been made. If you want an update, request an update, but sue? Jeez


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## Sl84 (Sep 11, 2016)

Oh,
I wasn't sure whether the wronged info was a premise for the rejection but it is now confirmed.
When i applied, we were newly engaged and have no children.

But the refusal was given based on Article 8 of ECHR of which they claimed I resided with my 'husband' (in another country of residence) with more than one children.

I have sent numerous complaints, they amended the notice but did not provide the amended notice to global appeals and tribunal. It just sickens me but due to their mistake, i am now regretting not cancelling my application and submitting a new one.

Thks.


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## bathra (Oct 28, 2012)

Joppa said:


> You must get her Indian passport and apply as dependant. She won't be eligible for registration as British citizen (by discretion) until you get citizenship AND your wife gets at least ILR:
> https://www.gov.uk/government/uploa..._data/file/483729/MN1_Guide_December_2015.pdf Page 12




Thanks Joppa

Got my British passport now and the plan still stays as the same as my Mrs. has spouse visa and not ILR we are now going to submit our daughters Indian passport application as she is not eligible for British passport.

The only question is would my 2 months daughter , who will need to apply for a dependent visa, be charged a NHS surcharge ? even though her father is a British Citizen ?

Thanks
Bathr


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## bathra (Oct 28, 2012)

bathra said:


> Thanks Joppa
> 
> Got my British passport now and the plan still stays as the same as my Mrs. has spouse visa and not ILR we are now going to submit our daughters Indian passport application as she is not eligible for British passport.
> 
> ...



@joppa / or other moderators your comments will be highly appreciated


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## Joppa (Sep 7, 2009)

No, as she is presumably British?


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## bathra (Oct 28, 2012)

Well she is not British ? as in how do you mean ..

She still needs a visa to come here right ? She has just got the home country passport... My Wife has a spouse visa not ILR


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## Joppa (Sep 7, 2009)

If she needs a visa, she has to pay full IHS at £200 a year. Sometimes she may get ILE visa, in which case no IHS is paybale.


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