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Discussion Starter · #1 ·
Hi

I got a refusal on my spouse application because my husband left his job while the visa was still under process. He has a new job now but is under probation. He earns well over the min requirement of £18,600.

Can someone pls advise what should I do next? The refusal letter said I could appeal. What's the process for that?

Thanks
 

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All refusals give you the option to appeal. The appeal process can take a year. Sounds like you were rightly refused but you can post the refusal letter here for critique. They obviously tried to verify your husband's employment and found he was no longer employed by the employer you indicated on the application.

Your best option is to reapply. If your husband has made £18,600 over the last 12 months including his new job you can apply under Category B. If not, once he has worked for 6 months you can apply under Category A and this time he should keep his job until your application has been processed.
 

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Why appeal?

He did not have a job at time of application so could, in no way, sponsor you as he had no income at the time.
 

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Discussion Starter · #4 ·
Well he did have a job when I sent in the application online and before I could submit the documents, he had resigned. While the application was in process, he served his notice period. So I was hoping the ECO would ask for a new job contract (I know it's upto me to give all docs and not for them to ask for it). hes in a new job now for the past 1 month so as nyclon suggested I'll reapply using 12 months payslips route.
 

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Discussion Starter · #5 ·
This is the reason for refusal

"Your sponsor is not exempt from financial requirements as defined paragraph E ECP 3.3. I'm unable to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties in order to meet the financial requirements of the rules your sponsor needs a gross income of atleast £18,600 per annum.

In support of your application, you have provided documentation stating that your sponsor is employed by Capita earning £45,000 per annum. However, checks undertaken by the office with HM revenue and customs shows that his employment ceased on 16/3/15.

I am not satisfied that you have not met the financial requirements. I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration rules E-ECP 3.1"

Nyclon can u pls tell me is the application only rejected because my husband ceased employment with his previous company? Or is there any other reason that I may not be reading in between the lines?

In hindsight, would it have helped if I sent the new job contract once the visa was in process?

Thanks
 

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This is quite a common reason for refusals. What I don't understand is why do some people decide to make such drastic changes in the middle of something so important to them such as their spouse visa being granted.

If a person is being made redundant, that's different and unfortunate, but to purposely decide to leave work or change jobs is one's own fault. Especially knowing the fountain of information one has to provide in Appendix 2 regarding employment and related documents such has employment letter and so on.

The reason for refusal is valid and there's no way round it except from reapplying.
 

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This is the reason for refusal

"Your sponsor is not exempt from financial requirements as defined paragraph E ECP 3.3. I'm unable to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties in order to meet the financial requirements of the rules your sponsor needs a gross income of atleast £18,600 per annum.

In support of your application, you have provided documentation stating that your sponsor is employed by Capita earning £45,000 per annum. However, checks undertaken by the office with HM revenue and customs shows that his employment ceased on 16/3/15.

I am not satisfied that you have not met the financial requirements. I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration rules E-ECP 3.1"

Nyclon can u pls tell me is the application only rejected because my husband ceased employment with his previous company? Or is there any other reason that I may not be reading in between the lines?
If that's all the letter said, then yes it looks like you were solely refused on the grounds that he did not have the job that was indicated on the application. They do have the right to verify the information that you give on the application and since he was no longer employed, they were unable to verify that he met the financial requirement.

In hindsight, would it have helped if I sent the new job contract once the visa was in process?
No. You can't send unsolicited information after you have submitted the application and new information that wasn't in existence at the time of online application won't be taken into consideration.

You were rightly refused and can reapply right away if your husband meet the requirements under Category B.
 

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You've also said elsewhere that your application was submitted (online): April 13, 2015 yet your partner left his job on the 16/3/15. So he left his job before you even applied, thus not fulfilling the requirement of being employed at the time of application.
 

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OP did say that when she applied, her husband was serving his notice period.
 

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This is quite a common reason for refusals. What I don't understand is why do some people decide to make such drastic changes in the middle of something so important to them such as their spouse visa being granted.

If a person is being made redundant, that's different and unfortunate, but to purposely decide to leave work or change jobs is one's own fault. Especially knowing the fountain of information one has to provide in Appendix 2 regarding employment and related documents such has employment letter and so on.

The reason for refusal is valid and there's no way round it except from reapplying.
Absolutely agree. Does not come across as being a sensible or reliable person and that is how a Clearance Officer would view it. Was the Applicant fully aware of her sponsor's intentions...would seem not.
 

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This is quite a common reason for refusals. What I don't understand is why do some people decide to make such drastic changes in the middle of something so important to them such as their spouse visa being granted.

If a person is being made redundant, that's different and unfortunate, but to purposely decide to leave work or change jobs is one's own fault. Especially knowing the fountain of information one has to provide in Appendix 2 regarding employment and related documents such has employment letter and so on.

The reason for refusal is valid and there's no way round it except from reapplying.
Absolutely agree. Does not come across as being a sensible or reliable person and that is how a Clearance Officer would view it. Was the Applicant fully aware of her sponsor's intentions...would seem not.

Would it have made a difference if my husband was made redundant? Would the outcome been any different ?
No. You still would have been refused. Both Category A and B require that the sponsor be currently employed.

Circumstances change all the time. At the time of the application which was in March and not April (I typed in April by mistake) my husband was still working with the same company. Unfortunately he had to leave within a week. we didn't think it through and applied thinking the ECO wouldn't have a problem as my husband's earnings were way over the min threshold . We had applied via Cat B as my husband did some contract work before. Unfortunately he had to leave his job while the application was being processed. The decision to refuse the visa may be right and lawful but to call someone unsensible or not reliable is not fair.

On another note, I know this might be an obvious question. But I still need to ask it - the next time I fill in the visa application, do I tick the box which says 'were you refused visa to the UK before?'
Yes.
 

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Yes, you need to declare a refused visa.
 

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I am sorry if my comments caused offence, but look at it from the Examining Officer's viewpoint.
On your admission your Sponsor left his job with Capita, a wellknown employer, on the 16th March and the online application was submitted on 13th March. Is the Officer to conclude your Sponsor left his employment without Notice? That would only happen if he had been dismissed!
In other words there would have been some forward knowledge of his leaving which may or not have been communicated to you. Either way to submit an Application against this background would not look good. Just be careful and aware for future applications
 

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I am sorry if my comments caused offence, but look at it from the Examining Officer's viewpoint.
On your admission your Sponsor left his job with Capita, a wellknown employer, on the 16th March and the online application was submitted on 13th March. Is the Officer to conclude your Sponsor left his employment without Notice? That would only happen if he had been dismissed!
In other words there would have been some forward knowledge of his leaving which may or not have been communicated to you. Either way to submit an Application against this background would not look good. Just be careful and aware for future applications
The OP made a mistake. They are trying to figuring out how to fix it. The problems have been pointed out. Let's move on.
 
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