spouse visa rejected.please help

i am a british citizen.my husband rcently applied for settlement visa and it was refused because they said i put in statements which i downloaded from my account online and they need more than 3 months statement they also said i did not put a a copy of my tenancy agreement.can we reapply immediately if i can get what they said was lacking and send or do we only have the option of reapplying which may take a very long time.i am a single mum of 3 and i need assistance because i am ill

Hi Nikky

As your spouse has been refused you basically have two options.

1. Reapply again and pay full fee. Make sure you send at least 6 months bank statements in original format as well as copy of Tennacy agreement. This way you will get a quick response and outcome.

2 Appeal against decision ( could take between 2 to 7 months ) and send above docs. Ask the matter be reviewed by the ECM (Entry Clearance Manager) on receiptof appeal notice. If he agrees he will issue visa to your spouse.
If he doesnt accept what you say in appeal notice,it will go before a hearing at the IAT court.This could take upto 6+months.

Hope this helps

Hey Nikky - I would take option (2) suggested by batleykhan. First, in my experience re-applying doesn't work most of the time (ie they reject the application again) and is simply a money making exercise. Second if you have the appeal sent through the consulate and request a reconsideration they will at least review it by an ECM before having it go down to appeal, so there's a chance your man can get the visa on this application without an AIT hearing.

Do the appeal as batleykhan suggests and include originals (your bank should be able to provide something). If you cannot send the originals over to your husband in time, then photocopies of originals will be fine as long as you explain why and that you will forward originals onto the AIT. Regarding the tenancy agreement or property inspection report nothing is mentioned on the guidance forms for the spouse visa so I would just have YOU write an additional letter confirming that there is sufficient space and challenge them on their error for not providing appropriate guidance. More importantly nothing is mention in the law/rules regarding this - they have to have genuine reasons to suspect you cannot accommodate him

Regarding original docs, their guidance, from the Russian site anyway, given on originals it says “if possibleâ€

Regarding the tenancy agreement or property inspection report nothing is mentioned on the guidance forms for the spouse visa so I would just have YOU write an additional letter confirming that there is sufficient space and challenge them on their error for not providing appropriate guidance. More importantly nothing is mention in the law/rules regarding this - they have to have genuine reasons to suspect you cannot accommodate him

Whilst I accept that it is not an essential requirement to provide above,it is though highly desirable. I am afraid just writting honest letters is no concrete proof that funds and accomadation exists and is available.

That is why you should send a copy of your tennancy agreement, as well as a report from your local council or a reputable estate agent that there is sufficient space available in the property to accommodate those that intend to reside there.

Remember the onus is on you to prove on the balance of probalities that you meet the requirement for the visa rather then them having a genuine reason to refuse you.

Hope this helps

Hi. Thanks for the many helpful posts here. It can be a little frustrating when the web has quite a lot of conflicting information.

I'm a Canadian in UK on an Ancestry visa with limited leave to remain. One legal service said that this should make it easier to get a dependency visa for my wife. I don't know why that would be. Maybe because they can kick us both out if and when I apply for unlimited leave, if my situation changes.

However, my wife's dependency visa was recently refused in China. The reason is that they are not satisfied that our relationship is subsisting. We foolishly did not provide enough email and phone records to show this, even though we have hundreds. My first question regards the pros and cons of appealing versus re-applying. A previous poster recommends doing both at the same time. Can someone give details for the appeal process? I will be going to China to help reapply, but I understand appeals are done in the UK.

Secondly, if we satisfy the condition for subsisting relationship (the only reason for refusal on the document) will they grant the visa or do they refuse a first application if one point fails without looking at the other points? I'm worried that once we satisfy one thing, they will refuse for another reason, possibly. Any experience about this?

Also, I notice that on the Settlement Visa checklist, there IS a requirement for a property inspection report, so people should include one on all applications. I believe that immigration is looking for any reason to refuse applicants in the current political and social climate.

Thanks for any comments. K

How can u be a single mum and applying for a spouse visa?

You can re-apply and have an appeal pending at the same time.

In a re-application AND appeal, wouldn't one need duplicates of all the documentation? And they always ask for originals, so....? And, must the appeal be made in the UK or can it be made through the consulate as a previous post suggested?

Cheers, k

finding something on the Russian website is not a get out, they usually do REQUIRE that ALL documents are originals... they do tell you that if you can't include originals that you should include what you have and send them a letter explaining WHY you don't have originals, however it is the easiest get out for them to simply deny you a visa because you don't include originals

they usually ask you to submit 6 months bank statements AND payslips

for accommodation, you need to get a Housing Inspection for Entry Clearence from your local council - it doesn't say it anywhere on the UKBA website, but this is the ONLY form of evidence they accept as proof that accommodation exists and is stuitable

thanks for all your advice.we decided to reapply and i put it in all the original documents.the application started on 12th of this month and in less than a week they ve said its ready for collection.we are so nervous.its so unusually fast.dont know what that means.my hubby is going to collect his application on monday.here`s a bit of my background.i am a british citizen living in the uk for two years now with my 3 children,married for 6 years,working with a salary 0f 28k per annum but am also claiming work and child tax credit and child benefit.am a bit worried cos i am now reading of people who have been rejected bcos of tax creditd.are they public funds.its mainly for childcare while i work.i have a very substantial balance every month in my statement so i can take care of my husband.what do u think?am so nervous.will be so devastated if they refuse him entry again

Nikky you as a Brit Citizen, working and paying taxes are entitled to child tax and working tax credit etc. Its your entitlement. It should not affect your spouse settlement application.

I wouldnt worry about that.

It could be good news for you for Xmas, because I think they will grant it,if you had sent the correct documents.

Keeping me fingers crossed for you. Good luck

Wanderer wrote:How can u be a single mum and applying for a spouse visa?

i didnt mean single mum in the literal meaning of it.i was just describing the fact that am in the uk alone.

batleykhan wrote:Nikky you as a Brit Citizen, working and paying taxes are entitled to child tax and working tax credit etc. Its your entitlement. It should not affect your spouse settlement application.

I wouldnt worry about that.

It could be good news for you for Xmas, because I think they will grant it,if you had sent the correct documents.

Keeping me fingers crossed for you. Good luck

thanks.i really hope for good news.as far as i know,i put in all the required documents.fingers crossed like u said and thanks again

my husband went today and they have given him the settlement visa in less than 7 days of re applying.pllease if u are in my shoes,dont give up.God will do it for you.thank you everyone esp batleykhan for all your advice.i really appreciate.what a xmas present!!

Told you so Nikky.

I am glad for you and your family and I hope you enjoy a good Xmas together

BatleyKhan is the BEST!!!!!