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Discussion Starter · #1 ·
Hello everyone ,
I have been following posts on this forum for some time but decided to join since I am in desperate need of advise . Joppa , I understand you are quite an expert on all matters relating to spouse visa , so please HELP , if you can , with my query ..
My husband applied for his visa in Sarajevo on the 05.09. . Visas decisions are not made in Sarajevo but are sent to UKBA Belgrade hub . Without going into too much details this is what happened. We submitted all required documents under the category C and D , since I am not working ( which I clearly stated in my own letter which we submitted with his application ) . I have around 100000 £ in savings , both in UK and Bosnia as well as income from renting my house in Bosnia ( around 2.500 £ a month ) . All evidence , as I mentioned was submitted . I also mentioned my savings and rent money I receive , but also told them that I in addition to this receive a monthly sum from a trust fund that was set up by my ex partner for my children . Only mentioned is cause my statements show these payments going into one of my accounts regularly .
On Wed . 20.11. my husband received a call from Belgrade to tell him that they will send him an email which contains EIO letter .
Imagine our shock and surprise when she informed him that his app. is going to be put on hold due to it falling to be refused due to him not meeting financial requirements ! She only mentioned me stating being in receipt of trust fund money and that she was not satisfied that we showed any evidence of income . No mention of savings or rent . We wrote back to mention all above mention evidence given . No reply from them , and she also said that he had until end of next week to supply any new evidence / documents ! It seems obvious to me that she never set sight on any of it ! Is this possible ? Please help , if anyone knows of a similar situation . We are now even more stressed then ever :( Thanking you all in advance
 

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Sometimes putting too much financial information, in the mistaken belief that more is better, results in your application not being approved. What seemed to have happened in your case is that they just took your trust fund income and didn't look at your non-employment income (rental) and savings.
I've always stressed here that you should only submit evidence that is sufficient to meet the financial requirement, and withhold all the other information. This seems to go against instinct, to provide more than what is required 'just to be safe', but it doesn't work like that and your application can lose focus.
What I suggest you do is to resend evidence under Cat C and D (probably copies only as originals are still with them) and point out they have the originals in the previous evidence supplied. They will look at your case again and hopefully approve.
 

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What evidence did you provide to show you had that you had the required amount of savings and non-employment income?

It would be helpful if you told us exactly what the refusal said rather than paraphrasing.
 

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Discussion Starter · #4 ·
Hi Joppa . Thanks for getting back to me .
I provided for category C - original land registry documents translated into English by a certified interpreter . Rent agreement . Bank statements which clearly show money payed into my account from the tenant for the last 12 months .
Category D - original bank statements from the bank in Bosnia as well as a letter on official bank stationery confirming the amount of my savings in and the the fact the funds had been there for a year prior to date we applies for a visa in the amour of around 70000 £ NatWest statements were electronic ones , which amounted to about 30.000 £ .
The exact wording of ECO were
Your application for entry clearance under paragraph EC-P .1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirements under Appendix FM. The reason being is that your wife's employment and source of income is unclear . She states that she receives money from a trust that her previous husband organised where the beneficiaries are her children . I am not satisfied that she has demonstrated that she is earning or in receipt of required funds of £ 18.600 per annum. Therefore , I am
not satisfied you have submitted the required evidence as set out in paragraph 7 of Appendix FM-SE of the immigration rules to demonstrate your wife meets the financial
requirements .

Joppa , please note that she does not mention my savings or rent that I receive of which the information along with all the above mentioned evidence was mentioned in my letter to them .
Thanks , awaiting your reply
 

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Discussion Starter · #5 ·
But if it is clearly stated in Appendix 2 which they surely must look at that he is applying under category C and D how can she disregard that information ? Also I did say point out that I have been unemployed since April 2013 due to medical reasons .
 

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Did he complete Appendix 2 and did he declare your income under Cat C and savings under Cat D? If you only mentioned them in a letter with enclosed documents, they may not have read it, and even if they did, they didn't have to consider them.
 

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Discussion Starter · #7 ·
That seems completely unfair . If his application is based on those two categories how can they just ignore it ?
 

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Discussion Starter · #8 ·
Did he complete Appendix 2 and did he declare your income under Cat C and savings under Cat D? If you only mentioned them in a letter with enclosed documents, they may not have read it, and even if they did, they didn't have to consider them.
Our two posts seemed to have overlapped somehow . Anyhow you can gather that he submitted the Appendix 2 citing Cat C and D respectively as income / savings .
 

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Discussion Starter · #9 ·
Hi Joppa . Thanks for getting back to me .
I provided for category C - original land registry documents translated into English by a certified interpreter . Rent agreement . Bank statements which clearly show money payed into my account from the tenant for the last 12 months .
Category D - original bank statements from the bank in Bosnia as well as a letter on official bank stationery confirming the amount of my savings in and the the fact the funds had been there for a year prior to date we applies for a visa in the amour of around 70000 £ NatWest statements were electronic ones , which amounted to about 30.000 £ .
The exact wording of ECO were
Your application for entry clearance under paragraph EC-P .1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirements under Appendix FM. The reason being is that your wife's employment and source of income is unclear . She states that she receives money from a trust that her previous husband organised where the beneficiaries are her children . I am not satisfied that she has demonstrated that she is earning or in receipt of required funds of £ 18.600 per annum. Therefore , I am
not satisfied you have submitted the required evidence as set out in paragraph 7 of Appendix FM-SE of the immigration rules to demonstrate your wife meets the financial
requirements .

Joppa , please note that she does not mention my savings or rent that I receive of which the information along with all the above mentioned evidence was mentioned in my letter to them .
Thanks , awaiting your reply
Hi Nyclon ,any thoughts ?
 

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Joppa has really suggested what you should do. He makes a good point to all if us not to complicate applications by including information other than what is required. Is the bank in Bosnia iacceptable to UKBA, as the amount of savings you have there should suffice? Are the funds immediately accessible? Were the electronic statements from Natwest stamped by the bank? I am just looking for possible reasons you were refused. If it were me, I would do as Joppa suggests and contact them referring only to my savings, if those savings comply with UKBA's rules. I wish you the best.
 

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Discussion Starter · #12 ·
Thanks for getting back at me Whatshouldwedo . All in affirmative except electronic statements being stamped by a bank ( I was away at the time and also my local NatWest branch told me they are not allowed to stamp them anymore ) Even without those funds, my rent money plus savings in Bosnia amount to more than what is required . Don't you feel that ECO letter should have cited reasons for putting it on hold rather then not acknowledging none of the submitted evidence ? My understanding was that they have to cite exact reasons for refusals/ putting on hold ?
 

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Had I been in your position, I think I would have applied under Category D alone and limited my information to savings, probably omitting the Natwest as they do not stamp online statements. Your savings in the bank in Bosnia would appear to be quite adequate. From their comment they seem to feel you did not meet the financial requirements and it may be that the most important entries were lost in the other information. But I am new to this so would respect other opinions from those more knowledgable.
 

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Discussion Starter · #14 ·
Thanks . I have emailed them twice now to no avail . We decided to send them the bank statements again reminding them that they already have them on file . Spent a lot of time in the last couple of days reading posts on different forums and it does seem possible that they just never looked at my evidence . Will see what the outcome of them getting the info by post rather then emailing them will achieve . Fingers crossed we get it
 

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Discussion Starter · #15 ·
Would like to inform you all who might be interested that my husband's visa has been granted :) ! We resent them the bank statements again with a letter explaining that they already had these and other relevant documents about out financial situation . 5 days later they called him from Sarajevo Embassy to say they his passport was ready to be collected . We are very happy ! But it clearly shows that ECO can and do make mistakes while making decisions . But I guess , all is well that ends well :) best luck to all of you :)
 

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Would like to inform you all who might be interested that my husband's visa has been granted :) ! We resent them the bank statements again with a letter explaining that they already had these and other relevant documents about out financial situation . 5 days later they called him from Sarajevo Embassy to say they his passport was ready to be collected . We are very happy ! But it clearly shows that ECO can and do make mistakes while making decisions . But I guess , all is well that ends well :) best luck to all of you :)
:D congrats!
 

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Great work, but can't believe evidences are overlooked. Its either our fate or their irresponsibilty.
congrats and all the best in future
 
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