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Spouse visa rejected - Appendix FM Partner Refusal Version

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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xcaliber87
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Spouse visa rejected - Appendix FM Partner Refusal Version

Post by xcaliber87 » Sat Mar 02, 2019 6:42 pm

Hi

My wife submitted the visa application form to join me here in the UK. All the relevant documents were submitted and the financial requirements were also met.

Today my wife received a letter from the Home Office stating that the application was rejected as the financial requirements were not met of paragraphs E-ECP.3.1 to 3.4.

The letter states that during the routine interview I (the sponsor) and the employer (my brother) confirmed that we are related and upon further checks performed by the office he is the sole shareholder of the company that they are satisfied hat on light of this the following applies: Appendix FM Partner Refusal version 01 17.

I would like to know what the above means and what is the next step to take. The application was originally sent in November 2018.

Many Thanks

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Casa
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by Casa » Sat Mar 02, 2019 6:54 pm

It could be that the Entry Clearance Office doubted the employment was genuine.

What evidence did you submit? Original pay slips? Corresponding bank statements? Contract of employment and a letter from your employer (brother) on company letterhead confirming the length and conditions of your employment, salary etc. :?:
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xcaliber87
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by xcaliber87 » Sat Mar 02, 2019 7:10 pm

I sent all the relevant documents mentioned. Payslips, contract with hours of work and salary,bank statements. Etc

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Casa
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by Casa » Sat Mar 02, 2019 7:18 pm

Can you post the exact wording of the refusal, removing any personal information?
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wahi66
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by wahi66 » Sun Mar 03, 2019 12:19 pm

did you consider all the guidance available before application??

you were suppose to provide company's account as mentions in director category as well along with your financial documents because your core relative is the director and shareholder of the company.
it is clearly mention in

https://www.gov.uk/guidance/immigration ... d-evidence

wahi66
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by wahi66 » Sun Mar 03, 2019 12:21 pm

In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
(b) All of the following must be provided:
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) Evidence of registration with the Registrar of Companies at Companies House.
(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.

xcaliber87
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by xcaliber87 » Sun Mar 03, 2019 8:38 pm

Casa wrote:
Sat Mar 02, 2019 7:18 pm
Can you post the exact wording of the refusal, removing any personal information?
Hi

This is the following letter I received


'You do not meet the eligibility financial requirement of paragraphs E-ECP .3.1. TO 3.4.

' You have stated in your visa application form that you meet the financial requirement through salaried employment. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor is employed by xxxx since 2018 and earns an annual salary of over £18,600.As evidence of your sponsor's employment you have submitted 6 month's of payslips covering period xxxx to xxxx and corresponding xxxx bank statements covering the period xxxx to xxxx.

However it has been noted that during the routine interview conducted on xxxx with your sponsor and his stated employer,xxxx, that when the question ''Are you related to the sponsor/director ? both your sponsor and Mrxxxx confirmed that they are brothers. Furthermore, checks performed by this office confirm that Mrxxxx is the sole shareholder at xxxx. In light of this I am satisfied that the following applies.


Nothing else written as to what applies.

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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by chenmyster » Wed Mar 06, 2019 11:35 am

Don't quite understand this, are you not allowed to work for a company solely owned by your brother? Can someone with more experience explain this?

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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by CR001 » Wed Mar 06, 2019 11:37 am

chenmyster wrote:
Wed Mar 06, 2019 11:35 am
Don't quite understand this, are you not allowed to work for a company solely owned by your brother? Can someone with more experience explain this?
Of course he can. The requirement is though, that substantial extra documents have to be submitted as clearly explained in the post immediately above yours.
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Re: Spouse visa rejected - Appendix FM Partner Refusal Version

Post by Ben_hadadha » Sat Nov 23, 2019 9:53 pm

Hi Dear
Im dealing with a same situation here and i was wondering if you could tell me our experience about this. About what happened after,if you did appeal and what was the outcome.
Thanks 🙏🏼

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