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Spouse visa appeal

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

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N_a
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Spouse visa appeal

Post by N_a » Sat Oct 19, 2019 3:48 pm

Hi, i am new to this but really new someones help/advice.
I submitted visa application (priority) on 18th September, i was not contacted, nor was my husband or my employer, we received email on 16th October to collet passport. (I was really happy how quick they did it) however My husband went to collect passport and sadly they refused.
Now, the refusal reason was because we did not meet the financial requirements however i work 2 jobs (i work 7days a week) and i have savings, i could even meet the requirements with one job and my savings but by the looks of it they did not even take my savings in to consideration at all. And to add, they also stated that i was missing one payslip which we did send, My solicitor said they have made a mistake and it is their fault. We have sent all financial requirement documents again and have appealed yesterday (18 October) however i just want to know how long it will take? Surely mine should be straight forward?

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CR001
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Re: Spouse visa appeal

Post by CR001 » Sat Oct 19, 2019 3:50 pm

What is your salary per month and what evidence did you submit to meet the financial requirement?
Char (CR001 not Casa)
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Re: Spouse visa appeal

Post by CR001 » Sat Oct 19, 2019 3:52 pm

It is not necessary to post the same duplicate in every topic you find. Please do not do this. Stick to this topic which is now yours!!
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N_a
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Re: Spouse visa appeal

Post by N_a » Sat Oct 19, 2019 3:52 pm

From weekday job its 1200 per month and weekend job is 400 per month, we sent 6month wage slips of both jobs, bank statements savings and current, but because i had 33000 in savings I could've just met the requirements with my weekday job (thanks for your reply! Appreciate it) :D

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seagul
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Re: Spouse visa appeal

Post by seagul » Sun Oct 20, 2019 4:49 am

N_a wrote:
Sat Oct 19, 2019 3:52 pm
From weekday job its 1200 per month and weekend job is 400 per month,

I could've just met the requirements with my weekday job (thanks for your reply! Appreciate it) :D
How can you meet the requirement with your weekday job's income alone which is only £1200 that should be at least £1550 per month. In my view since you are not earning sufficient income from one single employer so you should have applied under category B by supplying 12 months of payslips & bank statements. But based on your situation the easiest way is to only show your weekday job under category A and then cover the shortfall by your savings of £33000 (These will only be considered if such balance was kept maintained during the last 6 months)
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

N_a
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Re: Spouse visa appeal

Post by N_a » Sun Oct 20, 2019 8:18 pm

seagul wrote:
Sun Oct 20, 2019 4:49 am
N_a wrote:
Sat Oct 19, 2019 3:52 pm
From weekday job its 1200 per month and weekend job is 400 per month,

I could've just met the requirements with my weekday job (thanks for your reply! Appreciate it) :D
How can you meet the requirement with your weekday job's income alone which is only £1200 that should be at least £1550 per month. In my view since you are not earning sufficient income from one single employer so you should have applied under category B by supplying 12 months of payslips & bank statements. But based on your situation the easiest way is to only show your weekday job under category A and then cover the shortfall by your savings of £33000 (These will only be considered if such balance was kept maintained during the last 6 months)
Do you know how long appeals are currently taking?

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seagul
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Re: Spouse visa appeal

Post by seagul » Sun Oct 20, 2019 8:31 pm

N_a wrote:
Sun Oct 20, 2019 8:18 pm
seagul wrote:
Sun Oct 20, 2019 4:49 am
N_a wrote:
Sat Oct 19, 2019 3:52 pm
From weekday job its 1200 per month and weekend job is 400 per month,

I could've just met the requirements with my weekday job (thanks for your reply! Appreciate it) :D
How can you meet the requirement with your weekday job's income alone which is only £1200 that should be at least £1550 per month. In my view since you are not earning sufficient income from one single employer so you should have applied under category B by supplying 12 months of payslips & bank statements. But based on your situation the easiest way is to only show your weekday job under category A and then cover the shortfall by your savings of £33000 (These will only be considered if such balance was kept maintained during the last 6 months)
Do you know how long appeals are currently taking?
Many times it can take up to 1-2 years. Search the forum to get the present timeline of appeal.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

N_a
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Re: Spouse visa appeal

Post by N_a » Sun Oct 20, 2019 9:20 pm

I have searched the forum and cant seem to find anything recent.

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seagul
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Re: Spouse visa appeal

Post by seagul » Sun Oct 20, 2019 9:36 pm

The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa appeal

Post by JayHussain » Mon Oct 21, 2019 8:26 am

N_a wrote:
Sat Oct 19, 2019 3:52 pm
From weekday job its 1200 per month and weekend job is 400 per month, we sent 6month wage slips of both jobs, bank statements savings and current, but because i had 33000 in savings I could've just met the requirements with my weekday job (thanks for your reply! Appreciate it) :D
Hello,

Reading between the lines, it seems like the mistake may be on your part.

If you applied for Category A visa you should have supplied 6 months bank statements & 6 months payslips from your main job & then covered the shortfall using your savings.

If you applied for Category B visa you should have supplied 12 months bank statements & 12 months payslips from both jobs & then you would have no need to rely on your savings.

Also, were you explicit in mentioning your savings in your application? What I mean by that is, have you specifically referred to them anywhere in your application? Such as a Covering Letter or using the Financial Element section of the application form? Or have you simply assumed that they (Home Office) should assume that you have £33,000 in savings because you supplied Bank Statements? If so, it really does not work like that. The Home Office will not make assumptions on applications (this is very clear & acceptable) you have to be clear & specific on your application.

Good luck with your appeal, it seems like you have the correct income etc but maybe the way in which you have gone about your application has backfired. Like I said at the beginning I could be reading between the lines.

All the best.

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Re: Spouse visa appeal

Post by Alex_Jones12 » Mon Oct 21, 2019 9:33 am

I am sorry to hear that your application got refused.

Can I please ask when you/your partner did biometrics and how you submitted your supporting documents?

I made the application on 1/10 (priority), biometrics on 10th and scanned docs at london hub on 14 and just curious as to when the 6 week (30 Working days) starts for priority service.

Thank you and good luck

THO
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Re: Spouse visa appeal

Post by THO » Mon Oct 21, 2019 9:47 am

N_a,

I do hope you used a lawyer to do your appeal, as they would be able to best advise what you need to provide to overcome the objection. If not, I hope you provided exactly what was missing.

I do not know where Seagul gets half his information from, it baffles me. How long the appeal process takes depends on whether you submitted for a paper appeal or a judicial one in front of a judge. A judicial one can take many months, yes, but a paper one could be very quick, since their is a new team set up to review simple cases quickly and stop them going to court to free up judges time.

Mine and my wife's paper appeal took 4 weeks to get the case ref number, at which point missing document was provided. 6 weeks later we had the refusal overturned and 10 days after that we had the vignette in her passport. Another lady on here (Juane8) got her refusal overturned in 9 working days, and I also know someone else from Philippines got her case sorted in roughly the same time as mine.

You have been given the right to appeal, because you should be able to overcome the ECO objection with the missing evidence, or if you need to change category from A to B to qualify (I can't say at all if this is right or wrong) but do get expert OISC approved legal advice. It will cost (mine was £700 fixed fee) but it saved a lot more and a lot of time and agro.

N_a
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Re: Spouse visa appeal

Post by N_a » Mon Oct 21, 2019 11:04 am

THO wrote:
Mon Oct 21, 2019 9:47 am
N_a,

I do hope you used a lawyer to do your appeal, as they would be able to best advise what you need to provide to overcome the objection. If not, I hope you provided exactly what was missing.

I do not know where Seagul gets half his information from, it baffles me. How long the appeal process takes depends on whether you submitted for a paper appeal or a judicial one in front of a judge. A judicial one can take many months, yes, but a paper one could be very quick, since their is a new team set up to review simple cases quickly and stop them going to court to free up judges time.

Mine and my wife's paper appeal took 4 weeks to get the case ref number, at which point missing document was provided. 6 weeks later we had the refusal overturned and 10 days after that we had the vignette in her passport. Another lady on here (Juane8) got her refusal overturned in 9 working days, and I also know someone else from Philippines got her case sorted in roughly the same time as mine.

You have been given the right to appeal, because you should be able to overcome the ECO objection with the missing evidence, or if you need to change category from A to B to qualify (I can't say at all if this is right or wrong) but do get expert OISC approved legal advice. It will cost (mine was £700 fixed fee) but it saved a lot more and a lot of time and agro.

Thankyou for your reply, we did state that we would like our savings to also be considered to meet the financial requirements, but in the refusal paragraph there is no mention of my savings. He also mentioned that my july payslip is missing (when we did scan it through) and so calculated everything based on what he had (without the july savings) anyways we have sent appeal and have stated that the savings will cover any short fall of my income. Thank you so much, i have been reading old forums (as i cant find any latest ones) and from what i read it is taking a while. Can i just ask please when did they take the £140 out of your account? Because my solicitor said once that is taken out it would have started meaning they will begin looking at it

N_a
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Re: Spouse visa appeal

Post by N_a » Mon Oct 21, 2019 11:07 am

Alex_Jones12 wrote:
Mon Oct 21, 2019 9:33 am
I am sorry to hear that your application got refused.

Can I please ask when you/your partner did biometrics and how you submitted your supporting documents?

I made the application on 1/10 (priority), biometrics on 10th and scanned docs at london hub on 14 and just curious as to when the 6 week (30 Working days) starts for priority service.

Thank you and good luck

Hi, i made application 16.09.19, biometric and documents scanned on 18.09.19, no one was called (my employers nor myself or husband) got a email on 16.10.19 to pick up passport. Husnand went on 17.10.19, appealed on 18.10.19. Mine was very quick which i am grateful of, Hope this helps!

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Re: Spouse visa appeal

Post by THO » Mon Oct 21, 2019 12:07 pm

N_a, our fee was £80 for a paper appeal. I would have your lawyer take this route, as from what I can see, your case is simply a missing document (which if you used VFS, does not surprise me since they lost loads of stuff I sent) and the ECO not taking into consideration your income / savings correctly or you applying using the wrong category?

Provide the payslip, and ensure they can see you meet the financial requirements (I would guess that the appeal ECO would change your application category if needed, since you do meet the criteria, you just applied using the wrong one), and I think the appeal should be granted.

I don't know as I am by far an expert, but I expect you could ditch the other court appeal for a paper one instead (unless you are running both processes together, in case the paper appeal fails, you are closer to a court one?), even if that means paying £80 and losing the £140.

I could hook you up with my lawyer, he was very good, but you would need to PM me.

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Casa
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Re: Spouse visa appeal

Post by Casa » Mon Oct 21, 2019 1:20 pm

THO wrote:
Mon Oct 21, 2019 12:07 pm
I could hook you up with my lawyer, he was very good, but you would need to PM me.
N_a hasn't made sufficient posts to have access to the PM facility. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

N_a
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Re: Spouse visa appeal

Post by N_a » Mon Oct 21, 2019 2:16 pm

THO wrote:
Mon Oct 21, 2019 12:07 pm
N_a, our fee was £80 for a paper appeal. I would have your lawyer take this route, as from what I can see, your case is simply a missing document (which if you used VFS, does not surprise me since they lost loads of stuff I sent) and the ECO not taking into consideration your income / savings correctly or you applying using the wrong category?

Provide the payslip, and ensure they can see you meet the financial requirements (I would guess that the appeal ECO would change your application category if needed, since you do meet the criteria, you just applied using the wrong one), and I think the appeal should be granted.

I don't know as I am by far an expert, but I expect you could ditch the other court appeal for a paper one instead (unless you are running both processes together, in case the paper appeal fails, you are closer to a court one?), even if that means paying £80 and losing the £140.

I could hook you up with my lawyer, he was very good, but you would need to PM me.
Well my solicitor did say its first going to go to ECO and if they think they're were right in their decision it will then go to court. If the ECO approves that they have made a mistake approx how long could it take?

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Re: Spouse visa appeal

Post by THO » Mon Oct 21, 2019 3:40 pm

Well, if it is anything like my timeline, which I have no reason to believe it won't be, then I'd say you will have an answer by mid Dec, or 6 to 8 weeks from lodging appeal. And then about 2 weeks to get vignette in passport. You might just be able to get here for NY, if you are lucky. My lawyer said he would only do an appeal if he knew with almost 100% certainty that we would be successful, so if your's said the same, then you stand a very good chance.

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Re: Spouse visa appeal

Post by THO » Mon Oct 21, 2019 3:41 pm

N_a what nationality are you and your other half?

N_a
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Re: Spouse visa appeal

Post by N_a » Mon Oct 21, 2019 4:24 pm

THO wrote:
Mon Oct 21, 2019 3:40 pm
Well, if it is anything like my timeline, which I have no reason to believe it won't be, then I'd say you will have an answer by mid Dec, or 6 to 8 weeks from lodging appeal. And then about 2 weeks to get vignette in passport. You might just be able to get here for NY, if you are lucky. My lawyer said he would only do an appeal if he knew with almost 100% certainty that we would be successful, so if your's said the same, then you stand a very good chance.
Another waiting game.. urgh

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