ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Uk spouse visa rejected. Meeting financial requirements as a pensioner.

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
John53
Newly Registered
Posts: 3
Joined: Wed Apr 10, 2019 11:23 pm
Chile

Uk spouse visa rejected. Meeting financial requirements as a pensioner.

Post by John53 » Thu Apr 11, 2019 5:38 am

I am a British National. My wife applied for a visa in December 2018. We got an email today saying it's been rejected because I don't meet the financial requirements.
I am 65 years old and retired at 60. My wife is Chilean and we have been together since 2008, got married 2016, after my divorce was finalised. Here is the reason for the rejection.

"Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.

Eligibility

Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:

Eligibility Relationship Requirement

You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.

Eligibility Financial Requirement

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 CAT C. 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 have not provided an Appendix 2 but from the evidence
provided your sponsor is in receipt of Pensions. As evidence of your sponsor’s pensions
you have submitted

 xxxxxxx letter confirming State Pension of £148.10 per week

 xxxxxxxx Letter dated 12/02/2001 confirming Pension fund
of £20,509.84

 xxxxxxxxxx Letter dated 12/09/2013 confirming
Pension yearly equivalent of £1,406.28

 xxxxxxxxx Letter dated 03/06/2013 seen confirming Pension fund of £20,173.22

 xxxxxxxxxx letter dated 19/09/2013 confirming a lump sum of
£19,033.12 paid to the sponsor

 xxxxx Bank Statement showing xxxxxxx Pension deposits

 xxxxxx Bank Statement dating from 15/12/2017 to 02/07/2019 show pension
payments although it is unclear which pension these refer to.

The evidence provided indicate the sponsor is receiving:
 xxx Pension of £7,701.70
 xxx Pension £5,767.04
 xxx Pension £1,406.28
 xxx Pension £2,845.83
This gives a total of £17,720.85 which does not meet the financial requirement of
£18,600
Additional I am unable to link the deposits shown on the provided Bank statements to the
Pension evidence provided."


I appreciate the payments are unclear in the bank statements, as it's only numbers and letters that probably mean nothing to Home office, BUT they didn't consider my savings of £25.000 plus a property rental for £290 per month. (we did provide evidence of this).

The question is, what to do next. I have read a new application is the best way, but I'm unsure about which documents I must provide. A letter from every company I get a pension from? Should I highlight my bank statements so they know which payment corresponds to a pension payment?
They mentioned the letters provided are old, and I suppose they are right. We did this through a solicitor, so we trusted everything was in order. I am unsure as well about applying again with the same professional, since if he didn't know how to make a successful application before, why would he know now?
Solicitors don't seem to be familiar with pensions as a proof of income. I have been searching all over the forum and I couldn't find anyone in a similar situation.

I would appreciate your advise on this, since I must go back to the Uk ASAP and don't want to leave my wife behind.

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Uk spouse visa rejected. Meeting financial requirements as a pensioner.

Post by vinny » Thu Apr 11, 2019 9:58 am

Did your solicitor also include a calculation of income (including rental) and savings to show that you met the financial requirements?

Are you receiving any of these allowances?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

John53
Newly Registered
Posts: 3
Joined: Wed Apr 10, 2019 11:23 pm
Chile

Re: Uk spouse visa rejected. Meeting financial requirements as a pensioner.

Post by John53 » Thu Apr 11, 2019 2:24 pm

I receive no allowances and I don’t think the solicitor was very specific about my income.
We showed letters from the companies I’m getting the pensions from (very old ones) and my bank statements to prove that money is coming in, but it’s true this is unclear.

John53
Newly Registered
Posts: 3
Joined: Wed Apr 10, 2019 11:23 pm
Chile

Re: Uk spouse visa rejected. Meeting financial requirements as a pensioner.

Post by John53 » Thu Apr 11, 2019 8:02 pm

We saw an immigration adviser first. Then, before applying we thought a solicitor was better qualified, so we chose this option to apply. Both told me I do meet the financial requirements, now Home office says I don't.
Can somebody please help me with this? Do I, don't I? What sort of documents should I provide in a future application to actually show I get my pensions every month, I've got savings and money from property rental coming in too?

Locked
cron