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spouse visa refused

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

spouse visa refused

Post by lesley15 » Mon Apr 14, 2008 8:24 pm

my husband had his interview with the embassy in india on the 28th march, they interviewed him for 2.5 hours then refused him on grounds i have low income.In his papers he had a letter of employment but the officier said he not interested in that as it was out of date.He did believe in our relationship and our marriage.We are applying for a review with an updated employment letter.Does anyone have advise please,i am worried everyone else seems to get a spouse visa with no problems.I am a British citizen.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Mon Apr 14, 2008 10:44 pm

You are not alone in this problem...
http://www.immigrationboards.com/viewtopic.php?t=24546

aka189
Junior Member
Posts: 63
Joined: Tue Oct 09, 2007 9:20 am

Re: spouse visa refused

Post by aka189 » Tue Apr 15, 2008 9:03 am

lesley15 wrote:my husband had his interview with the embassy in india on the 28th march, they interviewed him for 2.5 hours then refused him on grounds i have low income.In his papers he had a letter of employment but the officier said he not interested in that as it was out of date.He did believe in our relationship and our marriage.We are applying for a review with an updated employment letter.Does anyone have advise please,i am worried everyone else seems to get a spouse visa with no problems.I am a British citizen.
Foe any comments from this board, you need to put the refusal reasons on which your husband was refused. How much you are earning? and Have you got any savings with you. Third party support is not available for spouse visa so you need to prove by your own means that you are capable of sponsoring your husband.

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

spouse visa refused

Post by lesley15 » Tue Apr 15, 2008 7:59 pm

My husband was refused his spouse visa on my low income only.The problem is that my employment is classed as casual work even though it is declared to the tax man and i only have wage slips that show i earn £200 a month but is £600 including casual work.I have about £3000 savings.We did submit letters from my employers and my wage slips with my husbands paperr work, he also has a letter of employment for him on his return to the uk.

aka189
Junior Member
Posts: 63
Joined: Tue Oct 09, 2007 9:20 am

Re: spouse visa refused

Post by aka189 » Tue Apr 15, 2008 8:40 pm

lesley15 wrote:My husband was refused his spouse visa on my low income only.The problem is that my employment is classed as casual work even though it is declared to the tax man and i only have wage slips that show i earn £200 a month but is £600 including casual work.I have about £3000 savings.We did submit letters from my employers and my wage slips with my husbands paperr work, he also has a letter of employment for him on his return to the uk.
I am no expert but I think the ECO is right in saying that the income is too low.

I think £200 and £600 a month including casual work is too low as they will see two people will have to live with that amount i.e, you and ur husband.

I think you should take some professional advice before considering a reapplication or appeal

lesley15
Member
Posts: 143
Joined: Sun Apr 13, 2008 8:45 pm

Post by lesley15 » Tue Apr 15, 2008 9:49 pm

We have solicitor working for us who says it only small problem because my husband has offer of employment upon his return.I am just worried .It does say"parties must have sufficient fund to support themselves without resulting to public funds"and with him working as well we would and wouldn't be entitled to funding anyway,but do realise this is a problem.

aka189
Junior Member
Posts: 63
Joined: Tue Oct 09, 2007 9:20 am

Post by aka189 » Wed Apr 16, 2008 8:17 am

lesley15 wrote:We have solicitor working for us who says it only small problem because my husband has offer of employment upon his return.I am just worried .It does say"parties must have sufficient fund to support themselves without resulting to public funds"and with him working as well we would and wouldn't be entitled to funding anyway,but do realise this is a problem.
I can only add that if you appeal, the AIT Judge will only take into account what you have got and what you are earning. The Judge will not take into account the offer of employment.

Can you just tell me is your husband earning anything in India or has he got any savings with him on his name which he can utilise for the first few months to come to UK? If he has the savings then this will be very good evidence as it shows that he can maintain himself initially when he comes to UK.

There is a way around as well for both of you to show some more savings. Third party support is not available for spouse visa so what your or his family can do is to gift some more money to you or your husband purely as a gift and then you can show some more savings for visa purpose. But you will have to take a letter from that person to say that the money was gifted to you or ur husband and they have got nothing to do with it now.You can also say that it is a tradition in India to gift some money to the married couple. And it is perfectly fine as it will not be considered as third party support.

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