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Spouse visa rejection on basis of relationship and financial requirement

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deeaar
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Joined: Sat Nov 02, 2019 11:47 am

Spouse visa rejection on basis of relationship and financial requirement

Post by deeaar » Sat Nov 02, 2019 12:04 pm

Hello guys,

Need inputs/recommendations/suggestions regarding my wife's visa refusal.

I'm British (Indian). I applied for a visa on 30th July 2019 for my wife on the 5-year settlement visa route. It was rejected for two reasons.
  • Relationship requirement
- Submitted photos, wedding card which the caseworker isn't convinced that it's a genuine relationship
  • Financial requirement
- I have a mix of perm and contract jobs when I applied for the application and the notes read that I didn't submit company tax returns(because I didn't finish financial year) and 12 months business bank statements (again because it's only opened recently - 6 months)

I believe both are not great reasons on why it should have been rejected as it never states in any documentation on what needs submitting to show that the relationship is genuine and likewise, I've at least 4 times more earning than the threshold of 18k (circa) financial requirement through perm salary, director salary for my own limited company and the dividends I withdrew.

I need suggestions/inputs as to what I should do now. If I was to appeal I've only got time till 20th Nov (last date) and any suggestions would be greatly received.

I personally think appealing might be the right thing to do for both the requirements above as I won't be able to submit the missing documents (mentioned above) unless I complete a full financial year. I'm just now sure "how long" it takes or what are the likely "chances" of it being approved.

Please advise/suggest. :-)

Cheers,
DeeaaR

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CR001
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Re: Spouse visa rejection on basis of relationship and financial requirement

Post by CR001 » Sat Nov 02, 2019 12:23 pm

1. Did you submit evidence of communication (WhatsApp screenshots, call logs etc) and visits?

2. How much evidence and what evidence did you submit to prove you meet the financial requirement exactly? For self employment, the rules and appendix 1.7 are very clear on what is required and if you did not submit it, then the refusal would be correct.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

geoeng
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Re: Spouse visa rejection on basis of relationship and financial requirement

Post by geoeng » Sat Nov 02, 2019 1:56 pm

deeaar wrote:
Sat Nov 02, 2019 12:04 pm
I won't be able to submit the missing documents (mentioned above) unless I complete a full financial year.
The rules for required evidence where you are relying on self-employment income or are a director of a specified company specifically require information from the last full financial year or average of the previous two full financial years.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

deeaar
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Posts: 2
Joined: Sat Nov 02, 2019 11:47 am

Re: Spouse visa rejection on basis of relationship and financial requirement

Post by deeaar » Sat Nov 02, 2019 2:28 pm

Thanks for your reply. I very much appreciate it!

1) Relationship requirement - I only submitted marriage certificate, wedding photos. I strictly have gone through the entire documentation and haven't noticed what needs submitting so I didn't submit anything else but if they would have made it clear that I need to submit emails/chat screenshots or whatever I would have more than happily submitted them.

2) Financial requirement - I submitted all the documents except company tax returns and 12 months bank statement because the company was opened only early this year means the financial year hasn't finished yet and I can't produce 12 months bank statement again for the same reason that the bank account is only opened Jan this year when the company is opened. Before that, I was in full-time employment for which I submitted all the relevant documentation. ECO did notice that the company is new and is why I didn't submit the documentation but going by his rule book he isn't happy to approve.

On the above basis would you suggest an appeal or reapply? I don't think reapplying is going to help much as I won't have the documentation they were asking. Please suggest if it's worth appealing if yes, how long might it take and what are the chances of success!

Thanks again!

Cheers!

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