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Discussion Starter #1
Hello!

I am a UK National, living in the UK, applying for a UK Settlement Visa on behalf of my wife. We applied on the 30th March and received the result of my wife's application on the 29th May.

Unfortunately we recently heard from the from the UK VISA and Immigration that her Visa had been declined. The reasons that were given referred to the fact that apparently suitable evidence wasn't supplied that proved me and my wife had actually met (which we obviously had. I know I can correct this by including more photos next time) and that apparently the financial requirement necessary to hold for the application hadn't been held for the six months leading up to the application (which it had).

I am now in a quandary, as I am not sure what to do next. I know that the route of an appeal is available, and I have a strong case for one, but I have been advised by a solicitor that with a shortage of Immigration Judges in my region that going down this route could take upwards of a year. What this solicitor has also advised was that if financially viable then the quickest route would be to go down the route of new application. This sounds like the best route for me, as what was revealed in the refusal letter shows that I have actually more in savings than was necessary and I can afford to make a new application now.

My question is if I go down this route, how do I make sure that I prove that those funds have been held there for more than the six months? I had included a letter from my bank stating that information but apparently it hadn't been looked as the ECO wasn't convinced the full money had been held for six months.

How do I avoid making the same mistakes again and making sure my evidence provided is looked at correctly?

Is there anyone out there with any advice for me?

MJM
 

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I am sorry you got a refusal.

Maybe you can post the wording of your refusal letter and the mods can help?
I know sometimes the finances are a bit tricky if you made less one month or the savings isn't quite enough, but it's hard to know without seeing what they have said what you should do differently.
 

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I am very sorry about your refusal... Can I ask from which country your spouse made the application? What did you submit as evidence that you had met one another (how many photos, evidence of plane tickets, etc.)? Marriage certificate? Which category did you apply under for the financial requirement and what documents did you provide?

Your solicitor is probably the best one to advise you on this, but it is true that submitting a new application is usually much faster than an appeal, and may be necessary anyway if the documentation you originally provided was not enough to satisfy the ECO. :(
 
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Discussion Starter #4
She was applying from the Philippines.

In terms of the "Had We Actually Met" we didn't supply much documents at all. Foolishly we thought that a marriage certificate would be sufficient and no photos were included. I'm fully prepared to concede the point that on this point they were probably right to deny the application.

What I aim to do next time is include everything we didn't last time: Photos, Hotel Receipts, Flight Documents, anything that I can that will prove we have actually met.

In regards to the financial requirement, there was a lot more documents provided. We applied under "Category A: INCOME FROM SALARIED EMPLOYMENT IN THE UK" and "Category D: CASH SAVINGS".

There were bank statements for the last six months, to prove my wage was being paid into my account each month; official payslips; a letter from my work's HR department, quoting my salary and length of service at my job. I had savings spread across a cash ISA and a savings account (Turns out I only needed the ISA), I included a letter from both which detailed the funds and the length of time they had been in both accounts.

What bugs me is that the application was dated the 30th of March, meaning that my savings should have all been in place by 30th of September. In my ISA alone I had more than enough for the financial requirement, those funds were all there by 22nd September. A detail that seems to have been completely missed.

With having having all these documents available NOW and the finances to fund a second application is it advisable to apply for a second application straight away?
 

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Ok, so it sounds as though they correctly denied your application on legitimate grounds. It's difficult for me to comment on the financial documents you've provided, but I think not having any photos or evidence of your genuine relationship was probably the biggest factor in your denial.

I presume the letter confirming your total savings and length of time held in the account was signed and stamped by the bank? Have you held the balance you needed continuously for those six months? Did the letter from the bank confirm that you have immediate access to the funds in the account? I haven't used category D for my own application, and I'm only speaking from what I've read and researched
 

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Discussion Starter #6
In terms of the ECO decision on the financial requirement, this is what was stated on the refusal form.


"Your sponsor is not exempt from the financial requirement as defined in paragraph ECP.3.3. Your application for entry clearance as a partner is refused because you do not meet the income threshold requirement under Appendix FM and or/related evidential requirements under Appendix FM-SE. Appendix FM states that only evidence relating to the applicant's and sponsors circumstances at the date of application and the specified period immediately prior to it can be considered. The six month period, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application. I am not able to take into account your previous employment earnings outside the UK any potential employment you have available to you in the UK or any offers of financial support from third parties.

You have stated on your Appendix 2 form that you intend to meet the financial Requirement through Category A, Income from salaried employment and Category D, Cash savings. You are applying alone and are therefore required to show that you meet the income threshold of £18,600.

Where the sponsor is in salaried employment in the UK at the date of application and has been employed by their current employer for at least 6 months, their gross annual income will be the total of the gross annual salary from their employment as it was at its lowest level in the six months prior to the application. On perusal of your sponsors most recent wage slips his lowest gross monthly income was £1,432.88. This equates to a gross annual salary of £17,194.56, a shortfall of £1,405.44 of the required maintenance level £18,600.

I have looked at your sponsor's cash savings to the shortfall in maintenance can be met by his savings. In order to calculate this figure, you are required to demonstrate that a minimum of £16,000 has been held for at least six months in addition to the income shortfall. You are therefore required to demonstrate a shortfall of £1,405.44 x 2.5 (the period of the visa) = £3,513.60 + £16,000. This brings the total savings required to meet the shortfall of £19,513.60. Whilst I note your sponsor has savings of over £25,000 in his Virgin Money and Newcastle Building Society accounts, I am not satisfied that this amount has been held for the minimum of a six months.

I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules as you fail to meet the requirements of E-ECP.3.1."


What I understand from that is that I needed at least £19,513.60 in savings leading up to the date of my application. Well, within my Newcastle Building Society alone I had £22,500 in savings on the 22nd of September 2014. (6 months and 8 days from the date I made my application on the 30th of March 2015)
 

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Discussion Starter #7
The Newcastle Business Society account I have is a CASH ISA, I can dip into it at any time that I wish. Those funds within that account are all within my control.
 

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The money you are relying on to meet the financial requirement has to be untouched for 6 months. Did you provide evidence of how you came about the money in savings? Did you provide 6 months of bank statements.
 

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Discussion Starter #10
The money in the Newcastle Building Society (NBS) hasn't been touched since it was put into that account. Although I didn't realise it at the time, there was more than enough in that account to meet the requirement.

Also within the letter I requested from NBS it included all the recent transactions and mentioned specifically that the funds had all been held within that account leading up to the application date.

... Although now I'm suspecting that letter either wasn't read or wasn't deemed sufficient in terms of proof of those funds being held for that period of time.
 

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Discussion Starter #12
Out of the total money in the ISA (£22,500), £15,000 came in the form of payments from my Dad. The rest was all savings I had accrued over time.

Within the Appendix 2, we did mention that, giving his name and details in the section where it asks about the Financial Requirement. If I were to establish a "paper trail" for those payments as well, what more could I provide except bank statements detailing those transactions?
 

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His bank statements showing the money leaving his account, your bank statements showing the money being deposited and a letter from him stating that the money is a no strings attached gift which is not expected to be returned.
 

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Discussion Starter #15
On a different note... I'm trying to get the Health Surcharge refunded from the first application.

On the original confirmation of payment it said that the surcharge would be refunded automatically if an application was refused, and as yet that has not happened.

It's not 100% vital that I get the money back before a new application, but £600 is sum of money I'd definitely want back if I could.

Is there any advice you can give about this?
 

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Hi there,

I'm so sorry to hear about your story. Sounds horrible!

I have a question though. I am troubled by the refusal based on the lowest monthly income of the previous 6 months being used to come to the total amount. I rang several immigration lawyers to get a quote for a fiancee visa today and asked ALL of them about my situation which is similar and was told that as long as you meet the financial threshold over the 6 months (i.e at least HALF of £18,600) then there would not be an issue. I have 2 jobs to make up my income. I started both of them in April 2015 and in the first month my gross salary combined was only £1200, however since then gross salary has been around £1800 a month and this will continue. I was told today by at least 3 different immigration lawyers that as long as those 6 months added up to £9300 (they will add up to £10200) then there is no issue with the first month falling below the £1550 (£18600 divided by 12) and that I could apply at the end of September rather than the end of October. I am completely troubled by this as was reassured over and over again as this had concerned me. Is this the case for everyone?? I am getting mixed messages constantly on things I have read and then legal advice.

Any help much appreciated
 

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Hi Rosa. Why not start a new thread I'm sure either Joppa or nyclon will help you out. As far as I learnt it will be a issue if your on salaried employment. They will take your lowest payslip of the 6 and multiply by 12. If it's below £1550 then you don't meet the requirements. However if you're on non salaried employment then it's different, because you're income will vary month to month this calculation is used.

Add up the 6 payslip÷6 then multiply by 12 and that should be your gross income for your.

But I may be wrong. So hopefully a mod can confirm this.

I'm also on the same boat as you.
2 jobs. Both my job combined I earn about £23000. I'm applying end of July.
 

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Xhuntarr13 is correct. Also even if you are salaried, but you get overtime, commission or bonuses, those extras are averaged over 6 months and added to your salaried pay. Your employment letter must state you get those extras (even if they aren't guaranteed), and your payslip must distinguish them from your basic salaried pay. So for example even if your lowest salaried income is £1,450 a month but you get £100 a month in overtime on average, you meet the requirement.
 
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