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SPOUSE VISA REFUSAL (HELP)

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AmazonianX
Respected Guru
Posts: 7439
Joined: Tue Jun 11, 2019 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by AmazonianX » Wed Jan 06, 2021 2:05 pm

saurabhp wrote:
Wed Jan 06, 2021 1:50 pm
AmazonianX wrote:
Wed Jan 06, 2021 1:06 pm
saurabhp wrote:
Wed Jan 06, 2021 10:31 am
Hi, one final question. The guidance for the bank statements in policy guidance is as follows,

Bank statements must be on official bank stationery. Alternatively, electronic bank statements can also be accepted for all bank accounts (the account itself does not have to be exclusively online) as long as they are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page.

We have managed to get the statements stamped in our home country but HSBC in the UK told me that they don’t stamp the statements. I will be uploading the PDFs downloaded from my internet banking ( not a mini statement, it is a proper statement with bank logo etc). Basically exactly the same statement which is sent by post, only difference is it’s pdf and is available online. Is that okay or do I still need to get a letter from the bank?

Thanks.
While the guidance states that, the downloaded pdf are acceptable as is so far complying in all respect to what you will normally receive by post.
Many applicants experienced the hassle of getting statements stamped, some tried other bank branches and got it stamped, others uploaded that way and had positive outcome.

Thanks Amazonian, good to know. Previously, when we applied for the visa I had just uploaded pdf statements and ECO didn’t say anything about it. ECO just mentioned financial evidence is not sufficient. This were the exact words,

You have provided evidence of savings held by your sponsor and state that £35,000 is held in savings however this is not sufficient to meet the financial requirements. I therefore refuse your application under paragraph EC- P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)


Do you think because the statements were not stamped or if this was the case the ECO would have clearly mentioned that the evidence is unacceptable? I would think so.
See highlighted from above. It appears this is referring to the level or amount of savings I.e. £35,000 as not enough.
While I do not speak for your particular CW, when there is a refusal, the letter must state the exact criteria or aspect that was not met. This is to ensure that applicant can address this in subsequent application. I have not heard about a refusal due to using online statements that are the exact replica of what you would normally receive by post from the bank.
If this is a concern of yours and to ensuring all boxes are ticked, you may want to try other branch of the bank and explain to them why you need stamped statements (will this work under this pandemic cloud?) Alternatively, You may call the bank to send you printed statements for the period you require.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Wed Jan 06, 2021 3:02 pm

AmazonianX wrote:
Wed Jan 06, 2021 2:05 pm
saurabhp wrote:
Wed Jan 06, 2021 1:50 pm
AmazonianX wrote:
Wed Jan 06, 2021 1:06 pm
saurabhp wrote:
Wed Jan 06, 2021 10:31 am
Hi, one final question. The guidance for the bank statements in policy guidance is as follows,

Bank statements must be on official bank stationery. Alternatively, electronic bank statements can also be accepted for all bank accounts (the account itself does not have to be exclusively online) as long as they are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page.

We have managed to get the statements stamped in our home country but HSBC in the UK told me that they don’t stamp the statements. I will be uploading the PDFs downloaded from my internet banking ( not a mini statement, it is a proper statement with bank logo etc). Basically exactly the same statement which is sent by post, only difference is it’s pdf and is available online. Is that okay or do I still need to get a letter from the bank?

Thanks.
While the guidance states that, the downloaded pdf are acceptable as is so far complying in all respect to what you will normally receive by post.
Many applicants experienced the hassle of getting statements stamped, some tried other bank branches and got it stamped, others uploaded that way and had positive outcome.

Thanks Amazonian, good to know. Previously, when we applied for the visa I had just uploaded pdf statements and ECO didn’t say anything about it. ECO just mentioned financial evidence is not sufficient. This were the exact words,

You have provided evidence of savings held by your sponsor and state that £35,000 is held in savings however this is not sufficient to meet the financial requirements. I therefore refuse your application under paragraph EC- P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)


Do you think because the statements were not stamped or if this was the case the ECO would have clearly mentioned that the evidence is unacceptable? I would think so.
See highlighted from above. It appears this is referring to the level or amount of savings I.e. £35,000 as not enough.
While I do not speak for your particular CW, when there is a refusal, the letter must state the exact criteria or aspect that was not met. This is to ensure that applicant can address this in subsequent application. I have not heard about a refusal due to using online statements that are the exact replica of what you would normally receive by post from the bank.
If this is a concern of yours and to ensuring all boxes are ticked, you may want to try other branch of the bank and explain to them why you need stamped statements (will this work under this pandemic cloud?) Alternatively, You may call the bank to send you printed statements for the period you require.

Exactly, I would have expected the exact reason for the refusal. I have now prepared a cover letter and detailed everything as you suggested including the OANDA rate and screenshot of it. I have also shown the working like additions of three different accounts and the total reached which is now £65,197.52 The cover letter is 2 pages long and there a third page where I have made table which shows what document is provided and it’s purpose. Let’s keep fingers crossed as if they reject it again then I do not now what more can I provide.

AmazonianX
Respected Guru
Posts: 7439
Joined: Tue Jun 11, 2019 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by AmazonianX » Wed Jan 06, 2021 3:41 pm

Second time shall produce your desired outcome. Should you have other questions, the Mods, gurus and people in similar or previously in such circumstances on the forum shall assist.
Wish you the best.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Wed Jan 06, 2021 3:57 pm

AmazonianX wrote:
Wed Jan 06, 2021 3:41 pm
Second time shall produce your desired outcome. Should you have other questions, the Mods, gurus and people in similar or previously in such circumstances on the forum shall assist.
Wish you the best.
Thank you very much for all the guidance and help!!

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Fri Jan 08, 2021 9:53 am

AmazonianX wrote:
Wed Jan 06, 2021 3:41 pm
Second time shall produce your desired outcome. Should you have other questions, the Mods, gurus and people in similar or previously in such circumstances on the forum shall assist.
Wish you the best.
Hi, we have applied for the visa and have the biometric and document submissions on Monday. I have read in some other posts that people are skeptics in using FDs as proof of cash savings. We have £35,000 in FD which we are planning to show like last time. This time we have included a stamped and signed letter from the bank stating the start date and the balance as of today. It’s says it’s been there since April 2020 so well over 6 months. Only thing it doesn’t say is this money can be liquidated instantly but instead says NO lien marked which effectively means the same. The bank is not ready to say can be liquidated instantly as they say they have already mentioned no Lien and can’t change their format as that is against their policy. Will that be okay? Thanks.

AmazonianX
Respected Guru
Posts: 7439
Joined: Tue Jun 11, 2019 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by AmazonianX » Fri Jan 08, 2021 10:03 am

AmazonianX wrote:
Tue Jan 05, 2021 12:31 pm
saurabhp wrote:
Tue Jan 05, 2021 7:48 am
AmazonianX wrote:
Tue Jan 05, 2021 1:15 am
saurabhp wrote:
Mon Jan 04, 2021 11:24 pm


Thanks TODMATT. I hope the HO is working as normal now that lockdown has been announced.
You say don’t over complicate issues, by that you mean just provide bank statements for cash savings and not other bank statements or you meant about the living together thing? Thanks.
For the 30months call log, you can only provide what you have, other evidence to support your subsisting relationship e.g. money transfers or gifts to each other, photos e.t.c. comes in and if there are things to explain why not much call logs or chats or emails you can address in your cover letter.
Only bank statements for the cash savings and for initial spouse visa application no requirement to provide cohabitation evidence i.e. correspondences addressed to you both at particular address.

Thanks, also half of my wife’s money is in a fixed deposit account so I had provided a FD receipt. Do I need to provide a bank letter stating the following?

Fixed Deposit Certificate

Date:XX

This is to certify that Ms XXXXXXX ,Address XXXXX is having a fixed deposit for Rs. XXXXXX associated with A/c XXXX and details as under:

FDR No. NAME OF THE FDR HOLDER AMOUNT
FD No/XXX Ms NAME Rs.XXXX

Date:XXX When started FD due on XXX (Mention when is the due date)

#### use below if FD is renewed start
(The same FDR is renewed on XXX date with No. FD XXXX )
Date:XXX When renewed period starts due on XXX (Mention when is the due date )
####use below if FD is renewed end

We confirm that balance amount is this FDR is Rs. XXXXX(so and so rupees only ) since XXX date as on XXXX(present date).This FDR can be encashable immediately on demand by the applicant.

This certificate is issued on the specific request if the account holder and at no risk and cost to the issuing officer of the bank


Yours truly

Branch Manager


I found this format in one of the posts in a different topic on this forum.

Thanks
I do not no if you need to but it may turn out helpful presenting such especially the aspect of liquidation and conversion to immediately accessible cash if required.


See highlighted above. It was on the premise of the letter from bank stating it can be liquidated and be cash when you want it.
That aspect of FD and application is not explicitly clear to me.

Dear Mods and Gurus, kindly throw more clarity on combining fixed deposits and cash savings to make up £62,500. Thanks.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Fri Jan 08, 2021 11:07 am

Hi, I have just managed to get that letter amended after speaking with the head office of the bank. The letter has an added line which now says that “this fixed deposit can be encashed immediately on demand by the account holder”.

I believe this should make it crystal clear now.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Sun Jan 10, 2021 11:26 pm

Hi, do I need to upload a floor plan of the accommodation I am living in as well? It is a 1 bedroom flat, I have included my tenancy agreement and my council tax bill but I do not have a floor plan. Is it required? Many thanks.

Korekt
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Nigeria

Re: SPOUSE VISA REFUSAL (HELP)

Post by Korekt » Mon Jan 11, 2021 12:41 am

No, you don't have to.
"Facts are sacred. Opinions are free."

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Mon Jan 11, 2021 12:43 am

Korekt wrote:
Mon Jan 11, 2021 12:41 am
No, you don't have to.
Thanks, do I need to provide my bank statement which shows that money is going out of my account to pay the rent and council tax? I am relying on cash saving for our application and the account I use to pay rent is a different account.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Mon Jan 11, 2021 12:45 am

Currently I have provided a tenancy agreement which is on my name and my council tax bill.

Korekt
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Mood:
Nigeria

Re: SPOUSE VISA REFUSAL (HELP)

Post by Korekt » Mon Jan 11, 2021 12:51 am

saurabhp wrote:
Mon Jan 11, 2021 12:43 am
Thanks, do I need to provide my bank statement which shows that money is going out of my account to pay the rent and council tax? I am relying on cash saving for our application and the account I use to pay rent is a different account.
You're not required to.
"Facts are sacred. Opinions are free."

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Mon Jan 11, 2021 12:55 am

Korekt wrote:
Mon Jan 11, 2021 12:51 am
saurabhp wrote:
Mon Jan 11, 2021 12:43 am
Thanks, do I need to provide my bank statement which shows that money is going out of my account to pay the rent and council tax? I am relying on cash saving for our application and the account I use to pay rent is a different account.
You're not required to.
Thank you for your swift reply. I got confused because in the appendix FM it says the following,

Housing costs
Under paragraph 12(f) of Appendix FM-SE, the applicant must provide evidence of the monthly (or weekly) housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
As the calculations at Section 3 above refer to a weekly housing cost, any costs evidenced which are not weekly should be converted to a weekly figure, rounding down when this leads to a part of a penny.
Example:
If a calendar monthly Council Tax figure is evidenced, then multiply it by 12 and divide by 52 to arrive at the weekly equivalent.
Monthly Council Tax = £100 x12 divided by 52 = £23.07 weekly equivalent cost of Council Tax.
Applicants should supply documentary evidence of rent or mortgage payments and Council Tax, along the lines of:
• a letter from the landlord or mortgage provider detailing the weekly or monthly rental or mortgage cost of the property
• at least one personal bank statement to show the rent/mortgage payment leaving the account of the sponsor, their partner or the couple jointly
• rent book (if available)
• letter from the local authority detailing whether and how much Council Tax is
payable


Does this refer to something else?

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Mon Jan 11, 2021 1:36 am

It also said this above that,

Paragraph 12 of Appendix FM-SE applies where a partner or child applicant under Appendix FM seeks to rely on the fact that their sponsor is in receipt of a specified benefit to exempt the applicant from the requirement to meet the minimum income threshold and mean that they have to meet an adequate maintenance requirement instead.
Paragraph 12A of Appendix FM-SE applies to all applications under Appendix FM where an adequate maintenance requirement is to be met. It applies the specified evidence requirements of paragraphs 2 to 12 of Appendix FM-SE for employment, self-employment and other income and for cash savings to the extent and in the manner specified in paragraph 12A.


So this means I do not need to provide any bank statements showing rent and council tax payment right as I do not fall under the adequate maintenance requirements??

AmazonianX
Respected Guru
Posts: 7439
Joined: Tue Jun 11, 2019 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by AmazonianX » Mon Jan 11, 2021 2:26 am

saurabhp wrote:
Mon Jan 11, 2021 12:55 am
Korekt wrote:
Mon Jan 11, 2021 12:51 am
saurabhp wrote:
Mon Jan 11, 2021 12:43 am
Thanks, do I need to provide my bank statement which shows that money is going out of my account to pay the rent and council tax? I am relying on cash saving for our application and the account I use to pay rent is a different account.
You're not required to.
Thank you for your swift reply. I got confused because in the appendix FM it says the following,

Housing costs
Under paragraph 12(f) of Appendix FM-SE, the applicant must provide evidence of the monthly (or weekly) housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
As the calculations at Section 3 above refer to a weekly housing cost, any costs evidenced which are not weekly should be converted to a weekly figure, rounding down when this leads to a part of a penny.
Example:
If a calendar monthly Council Tax figure is evidenced, then multiply it by 12 and divide by 52 to arrive at the weekly equivalent.
Monthly Council Tax = £100 x12 divided by 52 = £23.07 weekly equivalent cost of Council Tax.
Applicants should supply documentary evidence of rent or mortgage payments and Council Tax, along the lines of:
• a letter from the landlord or mortgage provider detailing the weekly or monthly rental or mortgage cost of the property
at least one personal bank statement to show the rent/mortgage payment leaving the account of the sponsor, their partner or the couple jointly
• rent book (if available)
• letter from the local authority detailing whether and how much Council Tax is
payable


Does this refer to something else?
Dont overthink and get yourself worked up unnecessarily.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Mon Jan 11, 2021 5:08 pm

AmazonianX wrote:
Mon Jan 11, 2021 2:26 am
saurabhp wrote:
Mon Jan 11, 2021 12:55 am
Korekt wrote:
Mon Jan 11, 2021 12:51 am
saurabhp wrote:
Mon Jan 11, 2021 12:43 am
Thanks, do I need to provide my bank statement which shows that money is going out of my account to pay the rent and council tax? I am relying on cash saving for our application and the account I use to pay rent is a different account.
You're not required to.
Thank you for your swift reply. I got confused because in the appendix FM it says the following,

Housing costs
Under paragraph 12(f) of Appendix FM-SE, the applicant must provide evidence of the monthly (or weekly) housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
As the calculations at Section 3 above refer to a weekly housing cost, any costs evidenced which are not weekly should be converted to a weekly figure, rounding down when this leads to a part of a penny.
Example:
If a calendar monthly Council Tax figure is evidenced, then multiply it by 12 and divide by 52 to arrive at the weekly equivalent.
Monthly Council Tax = £100 x12 divided by 52 = £23.07 weekly equivalent cost of Council Tax.
Applicants should supply documentary evidence of rent or mortgage payments and Council Tax, along the lines of:
• a letter from the landlord or mortgage provider detailing the weekly or monthly rental or mortgage cost of the property
at least one personal bank statement to show the rent/mortgage payment leaving the account of the sponsor, their partner or the couple jointly
• rent book (if available)
• letter from the local authority detailing whether and how much Council Tax is
payable


Does this refer to something else?
Dont overthink and get yourself worked up unnecessarily.
You are absolutely correct, it’s just that we had a rejection which makes you worry. I was never worried when we applied the first time but it’s not the same now. I’ll keep my fingers crossed and wait. Thanks for all the inputs, means a lot.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Sun Feb 21, 2021 7:33 pm

Hello everyone, I wanted to share the good news that my wife got her spouse visa. Thanks a million for all the help offered on this forum. All the advice and guidance provided to me has been invaluable. Special thanks to AmazonianX for answering all my questions so swiftly and patiently.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Sun Feb 21, 2021 7:40 pm

I just wanted to mention what all things I provided for a successful application as this can help people applying in the future.

1. Marriage certificate
2. Degree Transcripts
3. UK NAARIC certificate
4. TB test certificate
5. Appendix 2
6. Me and my wife's passport
7. My UK bank statements and my wife's foreign account bank statements showing a total balance of £65,000 for more than 7 months.
8. Letter declaring source of funds.
9. Facebook video call logs and FaceTime video call logs of past 3 months.
10.Facetime video call screenshots (5 photos).
11. Around 30 photos from the time we met (November 2019-August 2020) which include photos from our engagement ceremony, photos at the marriage registration office, photos from the 5 months which I spent with her. The photos are the screenshots from my phone so it includes the location, date and time.
12. Gift receipts and actual gift photos and flight tickets (we travelled together once last year).
13. My tenancy agreement and council tax bill.
14. Letter from the bank confirming funds are readily available to withdraw (as we had showed some fixed deposit receipts).
15. WhatsApp chats from Sept 2019-Dec 2020 (3 random screenshots for each month)
16. A cover letter was included explaining reason for previous rejection and expanding on all the proofs provided.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by TODMATT » Sun Feb 21, 2021 7:49 pm

Looks fine to me.
My opinions should not be constituted as an immigration or legal advice.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Sun Feb 21, 2021 7:50 pm

TODMATT wrote:
Sun Feb 21, 2021 7:49 pm
Looks fine to me.
Thanks Todmatt for all your help!

AmazonianX
Respected Guru
Posts: 7439
Joined: Tue Jun 11, 2019 1:09 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by AmazonianX » Mon Feb 22, 2021 4:25 am

saurabhp wrote:
Sun Feb 21, 2021 7:33 pm
Hello everyone, I wanted to share the good news that my wife got her spouse visa. Thanks a million for all the help offered on this forum. All the advice and guidance provided to me has been invaluable. Special thanks to AmazonianX for answering all my questions so swiftly and patiently.
Saurabhp,
Congratulations to you and wife.

saurabhp
Junior Member
Posts: 53
Joined: Fri Dec 18, 2020 9:47 pm

Re: SPOUSE VISA REFUSAL (HELP)

Post by saurabhp » Wed Feb 24, 2021 4:19 pm

AmazonianX wrote:
Mon Feb 22, 2021 4:25 am
saurabhp wrote:
Sun Feb 21, 2021 7:33 pm
Hello everyone, I wanted to share the good news that my wife got her spouse visa. Thanks a million for all the help offered on this forum. All the advice and guidance provided to me has been invaluable. Special thanks to AmazonianX for answering all my questions so swiftly and patiently.
Saurabhp,
Congratulations to you and wife.

Thank you!

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