Appeal allowed after Refused Fiancée Visa (My experience)

ANKST · Post by **ANKST** » Fri Jul 05, 2019 10:34 am

Hi,
I got my passport and my visa has been refused on the grounds that my fiancé has not submitted pay slips from 12 months prior to the application, even though it is mentioned on the website that we have to submit pay slips 6 months prior to application, and also not submitted letter from last employer. He had changed jobs during the application process and had called the UKVI customer care informing them. He was told that they would ask for any documents if required. But they never did and now they have refused the visa.
We're thinking of proceeding with overturning the refusal instead of appeal. My mum-in-law is alreading talking with MP. Please help with information on how we should proceed.

Obie · Post by **Obie** » Fri Jul 05, 2019 10:49 am

I believe they may be right, if you are relying on category B, as the person had not been in the current employment for more than 6 months yet.

ANKST · Post by **ANKST** » Fri Jul 05, 2019 11:00 am

Yeah they maybe, which is why I'm confused if I should proceed with overturn or appeal. But when we rang them, they said that they're gonna ask for any documents required and they never did.

CR001 · Post by **CR001** » Fri Jul 05, 2019 11:03 am

The call centre is outsourced to a third party and has very limited access to an application.

He should have waited till you got the visa before changing jobs.

seagul · Post by **seagul** » Fri Jul 05, 2019 11:16 am

If at least till the date of application he was remained employed with present employer for at least 6 months then refusal is incorrect and can be appealed. But again another weak point was that you haven't provided employer letter. Unless the new job is paying significantly higher wages the old job must not be left until the visa process.

ANKST · Post by **ANKST** » Fri Jul 05, 2019 11:35 am

He was employed with the present employer till the date of application for 4 months. We provided the letter of employment of the current employer. We didn't provide the letter from the old employer because the website mentioned letter from 'an employer'.

seagul · Post by **seagul** » Fri Jul 05, 2019 11:45 am

ANKST wrote: ↑
Fri Jul 05, 2019 11:35 am
He was employed with the present employer till the date of application for 4 months. We provided the letter of employment of the current employer. We didn't provide the letter from the old employer because the website mentioned letter from 'an employer'.

If only 4 months then he should have sent 12 months of payslips. So refusal is correct.

Obie · Post by **Obie** » Fri Jul 05, 2019 11:49 am

I am happy to accept that requiring letter from previous employer is inappropriate, however you ought to have provided payslips or p60 covering the 12 months preceding application.

ANKST · Post by **ANKST** » Fri Jul 05, 2019 11:57 am

We provided 8 months of pay slips which is not enough. Please advise if I should proceed with appeal or overturn or reconsider decision

seagul · Post by **seagul** » Fri Jul 05, 2019 1:33 pm

ANKST wrote: ↑
Fri Jul 05, 2019 11:57 am
We provided 8 months of pay slips which is not enough. Please advise if I should proceed with appeal or overturn or reconsider decision

Reapplication with correct documents will be much easier

ANKST · Post by **ANKST** » Fri Jul 05, 2019 2:04 pm

I know but it will cost so much again. I know that appeal takes a lot of time which is why we don't wanna proceed with it. It's only a case of 4 months of missing pay slips (and a letter from his last employer which I don't know if actually required or not).

CR001 · Post by **CR001** » Fri Jul 05, 2019 2:11 pm

ANKST wrote: ↑
Fri Jul 05, 2019 2:04 pm
I know but it will cost so much again. I know that appeal takes a lot of time which is why we don't wanna proceed with it. It's only a case of 4 months of missing pay slips (and a letter from his last employer which I don't know if actually required or not).

1. Letter from previous employer is not required as Obie has stated.

2. You did, however, fail to provide the 12 months documents. Appeal is unlikely to success as the refusal appears correct. There is really much option you have to be honest. Reapplying is the simplest.

seagul · Post by **seagul** » Fri Jul 05, 2019 3:09 pm

ANKST wrote: ↑
Fri Jul 05, 2019 2:04 pm
I know but it will cost so much again. I know that appeal takes a lot of time which is why we don't wanna proceed with it. It's only a case of 4 months of missing pay slips (and a letter from his last employer which I don't know if actually required or not).

I have seen few members too who have been asked very recently regarding supplying employment letter from previous employer which is totally irrelevant to the case. Interestingly if someone already had that letter then it will heavily be older than 28 days and also if someone approach now to his previous employer then they won't issue such letter now since they must have already issued P45. The maximum they can provide is reference letter which isn't an employment letter.

ANKST · Post by **ANKST** » Fri Jul 05, 2019 4:48 pm

Reapplying would have been our first option had it been a spouse visa. Since we have to apply for a spouse visa again after getting married, we have to really think it through. I wonder if involving the MP is gonna do anything in our case.

seagul · Post by **seagul** » Fri Jul 05, 2019 6:37 pm

ANKST wrote: ↑
Fri Jul 05, 2019 4:48 pm
I wonder if involving the MP is gonna do anything in our case.

If the requirements aren't fully met then MP can do nothing over the outcome.

ANKST · Post by **ANKST** » Sat Jul 06, 2019 7:53 am

The only other option for us is for my fiancé to travel to my country and us getting married here and applying for a spouse visa. But I don't know if that application is gonna be successful given that my fiancée visa has been refused.

CR001 · Post by **CR001** » Sat Jul 06, 2019 7:58 am

A spouse visa will be decided on its own merits if you meet the requirements. A previous refusal should have no effect unless deception or f a k e documents were used.

ANKST · Post by **ANKST** » Sat Jul 06, 2019 8:03 am

Thanks CR001, we're thinking that it is the best option for us now as we can't afford to pay for 3 settlement visas.

lavroh · Post by **lavroh** » Sat Jul 06, 2019 8:28 am

We had absolutely the same issue-our fiance Visa was rejected because my fiance only provided six months of salary slips from the previous job and one month from the current job which he had switched into.

We wrote to the MP who took up the issue with UKVI and Director General UKVI - you can find the email address on the Internet.

The decision got overturned, the key is not to give up and to contact people to build up pressure and get it reconsidered.

You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.

Also make the complaint and launch an appeal, a combination of all of these things got a very swift overturn.

ANKST · Post by **ANKST** » Sat Jul 06, 2019 10:05 am

Thanks a lot lavroh that gives us some hope. Can I ask how long did it take to get the decision overturned? We've already waited a long time to get the results of the fiancée visa and waiting even more now is really proving to be difficult. My fiancé already earned well over the required £18,600 and even more now after the change of jobs. He was never out of job and we submitted 8 months of pay slips. All they had to do was ask us for the missing pay slips or a P60 form.

CR001 · Post by **CR001** » Sat Jul 06, 2019 10:07 am

lavroh wrote: ↑
Sat Jul 06, 2019 8:28 am
We had absolutely the same issue-our fiance Visa was rejected because my fiance only provided six months of salary slips from the previous job and one month from the current job which he had switched into.

We wrote to the MP who took up the issue with UKVI and Director General UKVI - you can find the email address on the Internet.

The decision got overturned, the key is not to give up and to contact people to build up pressure and get it reconsidered.

You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.

Also make the complaint and launch an appeal, a combination of all of these things got a very swift overturn.

How is your circumstances the same when you stated in your recent posts that your visa was refused for failing to submit Appendix 2??

ANKST · Post by **ANKST** » Sat Jul 06, 2019 1:06 pm

I wanted to ask -

1. Can we make a new settlement application after we make an appeal or during the process of the appeal?
2. Does the case worker have to ask for all the required documents or are they not required to do so and make a decision even without them?
3. Does the customer care (both the contact numbers from inside and outside the UK) giving wrong or contradicting information have any chance of overturning the refusal after the appeal?

CR001 · Post by **CR001** » Sat Jul 06, 2019 1:31 pm

1. Yes you can do both simultaneously.

2. New application requires ALL the supporting documents again to meet ALL the requirements.

3. They often give incorrect advice and take no responsibility for it either. You will likely be refused an appeal if you say 'but the call centre said xyz' with no written proof of this.

You failed to submit what was required, i.e. 12 months payslips.

Page 24 of the Appendix 1.7 if the current employment is less than 6 months clearly states the requirements.

https://assets.publishing.service.gov.u ... ext_1_.pdf

seagul · Post by **seagul** » Sat Jul 06, 2019 2:30 pm

lavroh wrote: ↑
Sat Jul 06, 2019 8:28 am

You don’t need 12 months of salary slips, you need just enough to exceed the £18,600 requirement and demonstrate that you’ve been working for at least six months, it may be for different organisations.
.

The requirement is not just merely a person has earned at least £18600 rather he has to prove it with correct type and number of documents covering the relevant period. In your case the refusal is correct and in future too if you only want to rely on 6 months of paper work then wait for 6 months with present employer.

ANKST · Post by **ANKST** » Sat Jul 06, 2019 3:46 pm

If we make a fresh application, we'll definitely provide 12 (or more) months of pay slips. If we apply for a spouse visa, will the same UK naric certificate work or will we need a new one?

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