UK Spouse Visa Refused. Shall I appeal or Pre-action Protocol or re-apply?

We applied for Spouse Visa Online at the UKVI site. We have been refused and I will state the reason of the refusal below.

But first some context. We filled in the form accurately and at the end, the system produces Document Sections (Mandatory & others) which I believe are the supporting evidence. This is stated in the form itself under the declaration section.
"By sending this application, you confirm that to the best of your knowledge and belief the following is correct:
- the information relating to the application
- the supporting evidence"

Now we submitted everything they requested. What they requested were
Mandatory Documents
1. The passport or travel document for Applicant (my Spouse)
2. Copy of the bio data page of the passport or travel document for myself (Sponsor/Husband) from
British Citizen

Other documents
1. Proof of relationship to your partner - for example, marriage or civil partnership certificates
2. The language test certificate for Applicant (my Spouse) to prove the level of English language required
3. One proof of British citizenship for myself (Sponsor/Husband) (such as a passport or UK citizenship certificate)

Also a Checklist document was generated by UKVI which also only mentioned these documents

Please note, they did not ask for anything else, such as financial or relationship evidence except the marriage certificate.
We uploaded all the documents requested and on the screen, it also mentioned do not upload additional documents as this can delay the process. So I stuck to what was strictly asked for.

The reasons for refusal

Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
because:
You have applied to settle in the United Kingdom with your spouse (your sponsor). You have
stated that your relationship began in February 2021, that you first met your sponsor in March
2021 and that you last saw your sponsor on 7th April 2021. I have considered all of the
documents you have submitted in support of your application and from your marriage certificate
have noted that you entered into marriage on 4th April 2021.
However, whilst I have noted all of the documents you have submitted I am not satisfied these
demonstrate the nature or duration of your relationship. For instance, they do not demonstrate
that you have ever met your sponsor in person nor do they confirm that you have maintained any
regular contact with your sponsor prior to or since your marriage date. Furthermore, I note that
you have declared that you do not have any shared financial responsivities with your sponsor.
Given all the above, I am not satisfied that you meet the requirements of Paragraph EC-P.1.1(d)
of Appendix FM of the Immigration Rules which states that the relationship between the applicant
and their partner must be genuine and subsisting and that the applicant and partner must intend
to live together permanently in the UK. (E-ECP.2.6, or E-ECP.2.10)


This reason is ridiculous, as I went to Pakistan, met my wife, married her in an event which was attended by over 80 people (Socially distanced) had a lovely ceremony. We have over 1200 photos, videos of the ceremony. We went for a mini-honeymoon.
We spent over 10 days together. And the case officer believes we did not meet. If they would have asked for this evidence I would have provided it to them


Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
In order to meet the financial requirements of the Rules your sponsor needs to evidence a gross
annual income of at least £18,600. You have indicated in your visa application form that you meet
the financial income requirements of these Rules through your sponsor’s income from
employment with (Husbands Company Name).
Your application date is 14th April 2021.
Appendix FM states specified evidence is required to show you meet the requirements.

Appendix FM Partner Refusal Version 01 17
In respect of salaried employment in the UK, all of the following evidence must be provided:
(1) Wage slips covering a period of 6 months prior to the date of application if the sponsor has
been employed by their current employer for at least 6 months
(2) A letter from the employer(s) who issued the wage slips confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the
application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(3)Monthly personal bank statements corresponding to the same period(s) as the wage slips
submitted showing that the salary has been paid into an account in the name of the person
Employment with (Husbands Company Name):
In respect of this employment, you have submitted:
 Monthly payslips dated: 28th February 2021 and 31st March 2021 only.
 Barclays bank statements (Account: ****8305) covering the period:3rd March 2021 – 1
st

April 2021.
 A letter of employment dated 27th April 2021, confirming required details
From the above, I note that neither the payslips nor your sponsor’s bank statements cover the
relevant 6 month period prior to your application date. You have therefore not submitted all the
required specified evidence for your sponsor’s employment with (Husbands Company Name)
Given the above, you have therefore failed to provide all of the specified evidence to demonstrate
that you meet the income threshold of the Rules. I have considered whether it is appropriate to
apply evidential flexibility in your application and request that you submit any required specified
evidence which is missing. However, as your application also falls to be refused on other points,
I therefore do not consider evidential flexibility to be appropriate in this case.
Given the above, I am not satisfied that you meet the income threshold requirement. I therefore
refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules.
(E-ECP.3.1).
You have stated that you intend to reside with your sponsor and have provided an address in
your visa application form. However, whilst I have noted that your sponsor’s payslips and
employment letter also record this address, the remaining documents submitted by you do not
confirm ownership of this property or that you have permission from the owner to reside here.
Furthermore, they do they confirm that should you join the property that the accommodation is
suitable and would not be overcrowded as per the housing act.
Given the above, I am not satisfied that you meet the requirement of Paragraph EC-C.1.1(d) of
Appendix FM of the Immigration Rules which states that you must provide evidence that there will
be adequate accommodation, without recourse to public funds, for the family, including other
family members who are not included in the application but who live in the same household,
which the family own or occupy exclusively: accommodation will not be regarded as adequate if it
is, or will be, overcrowded or it contravenes public health regulations. (E-ECP.3.4).


I find this unfair too. At no stage was I asked to provide evidence for my financials. In the application, it asked for the income and I provided the salary which is over 6 figures which exceed the requirement.
From our own back even though they did not ask, I provided a letter from the HR department stating 17 years of employment with a salary of over 6 figures. I also provided two bank statements and two payslips to evidence the salary
At no time I was asked to provide 6 months or even 1 month. If they would have just asked I would have produced everything

To conclude, I have all the evidence, relationship, financial but they did not request it at the time of filling in the application, what they told me to upload I uploaded.

Please can you guide me on what to do? Shall I appeal or shall I send Pre-Action Protocol? or suggest something else

So you didn't read all the requirements and simply relied on generic checklists?

The UKVI website and appendix fm documents clearly state what needs to be submitted for a spouse visa.

https://www.gov.uk/uk-family-visa/provide-information

This is your error, not ukvis error.

All the details of such documents are available on gov.uk website. I wonder how could you not read the basic rules of a spouse visa requirements before submitting the application as it involves alot of time and money. If you appeal the decision, it might get overturned since you have all the required documents. However appeal process might take upto 12 months to settle given the circumstances of covid 19. If you can afford, I would suggest you to submit a new application and this time consult with a good solicitor who can cover all the refusal reasons and back it with required evidence.

Sadly, a PAP would not work, as it was your mistake entirely. Your only option for a quick resolution is to reapply and this time, put more effort into it, to make sure you don't waste more time and money. Read the document list fully.

Thank you all for telling me how a big fool I am.
I deserve it!
In my case it's all fair in love.

I'll re-apply

Again coming back to this. Please do not crucify me for this, but the gov page referred to which I had actually read before clearly mention’s
“ You’ll be told exactly what documents to provide when you apply online”

https://www.gov.uk/uk-family-visa/proof-income
Just under what proof you need to give.

That’s what I took and that is what is hurting me the most.

Don't beat yourself up, it's just a very expensive lesson which it appears you're already learning from so it's not a total loss.

Those who may have commented that you should have done better may well have had experiences like this themselves and have learnt from it and are in a position to be more diligent about these matters as you'll no doubt be in the future.

It's not easy for someone who has not done this before to see the pitfalls and traps in these immigration applications.

Those who are now experienced in it were not always experienced and may have forgotten how it was then plus HO is well known for using confusing, unclear and some would say misleading language.

Add to that complex immigration rules and at the very least there will be some unfortunate victims of a convoluted system.

soomrox wrote: ↑

Tue Jun 22, 2021 9:26 pm

Again coming back to this. Please do not crucify me for this, but the gov page referred to which I had actually read before clearly mention’s
“ You’ll be told exactly what documents to provide when you apply online”

https://www.gov.uk/uk-family-visa/proof-income
Just under what proof you need to give.

That’s what I took and that is what is hurting me the most.

While this is more or less a personal matter ie the application process, consultation is required towards ensuring a successful outcome.
The brevity and non clarity of the process makes it cumbersome with likely failure should one go by what information is solely and only implicitly stated on the government guidance.
Many a person including with assistance of solicitors fell victim and learn bitterly after loosing money and time.
As you plan reapplying, do go through the forum to read and ask questions on any unclear matters.

Thank you each and everyone who has commented.
I am re-applying and built up a check list of items to produce. I have also written a cover letter.

Hello Soomrox
How did you heard that your visa got refused? Did you receive the refusal letter on email or did you had to visit the vfs centre to receive it? My decision has been made and we are told that we will be asked soon to collect the documents from the vfs centre, what could this mean?

After 4 days of receiving the email from UKVI Abu Dhabi stating that our application has been concluded. We received the refusal letter in a PDF format via email.

If your email states that a decision has been made then soon you will receive an email from your Vac to submit or collect your passport (depending on what option happened on your bio date) but I’m not sure