To start, this is my first time here and after reading through several topics that I thought may help me get the advice and guidance that I needed I figured this was the right place to ask. With all things this complicated though, all advice that I've seen has mainly been aimed at the specifics of the poster.
So, I can appreciate that you guys see this all the time, but any help or guidance that can be offered would be greatly appreciated... I can't tell you how much i'm struggling right now as I don't understand so much of it and don't have the money to enlist the support of an Immigration lawyer. Especially with the fact we have been stung in the past by the xxxxxxxx, I'm very wary of paying more money that we struggle to scrape together.
So, my Fiancee Elyse received the following refusal letter in the post last week.
REASONS FOR REFUSAL ROA
On 11 December 2018 you made an application for entry clearance to the UK under Appendix
FM to the Immigration Rules on the basis of your family life with your partner xxxxxxx***********.
Your application has been considered under those Rules, and with reference to Article 8 of the
European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed
on gov.uk here: www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any relevant
child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM. However, you
do not qualify for entry clearance under the 5-year partner route for the following reasons:
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 do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
because:
You state that you plan to marry your sponsor in the United Kingdom. However, you have
provided no evidence to suggest that a wedding is planned, or even that preliminary
arrangements have been made. Consequently, I am not satisfied that you are seeking entry to
the UK to enable your marriage to take place. I therefore refuse your application under paragraph
EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
You have stated in your Visa Application Form that you meet the financial requirement through
Category A. 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 has been employed by ****** Ltd since January 2018 and earns an
annual salary of £24,000.00.
The Immigration Rules state that in respect of salaried employment in the UK, all of the following
evidence must be provided
(http://www.ukba.homeoffice.gov.uk/polic ... /appendix-
fmse/):
Appendix FM Partner Refusal Version 01 17
(a) Payslips covering: (i) a period of 6 months prior to the date of application if the person has
been employed by their current employer for at least 6 months (and where paragraph 13(b) of
this Appendix does not apply); or (ii) any period of salaried employment in the period of 12
months prior to the date of application if the person has been employed by their current employer
for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of
this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) 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).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph
2(a), showing that the salary has been paid into an account in the name of the person or in the
name of the person and their partner jointly.
You have not submitted the required documents as listed above. Although you have provided
your sponsor’s payslips, you have not submitted a letter from his employer or his bank
statements. These documents are specified in the Immigration Rules in Appendix FM-SE and
must be provided. You have therefore failed to provide the required documents relating to your
sponsor’s employment. I therefore refuse your application under paragraph EC-P.1.1(d) of
Appendix FM of the Immigration Rules. (E-ECP.3.1)
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable,
whether there are exceptional circumstances in your case which could or would render refusal a
breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh
consequences for you or your family. In so doing we have taken into account, under paragraph
GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional
circumstances in your case.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix FM with
reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year
partner route, or on the 10-year partner route on the basis of exceptional circumstances, under
Appendix FM.
NEXT STEPS ROA
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how to
appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
Appendix FM Partner Refusal Version 01 17
If you want to seek legal advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again
if any appeal is successful.
Now, we understand the mistake we have made with regards to proving my ability to financially support us. We missed 2 key documents. 1 being the letter from my employer and 2 being the copies of my bank statements. We had a checklist to go through before submitting everything and thought that we had provided everything, but we missed those out I guess. We were under the impression that if you were missing any documents, then the HO would say "You're missing this, we can't proceed without it" instead of refusing the entire application!
The part that puzzles me is that it says we have to appeal on the basis of a Human Rights appeal. I'm not quite sure how this applies as this is an issue with my financial viability and my foolish mistake of missing out documents. Also that the appeal may take between 8 and 18 months right now is scary. I've read we need legal representation and everything. I just don't know what this all means.
Another section of this talks about our intent to marry and that we haven't had any plans made.
I already have a deposit paid at the registry office for the ceremony and that we included the payment receipt and confirmation email in the paperwork pack. However, I will be going to the registry office to obtain an official receipt giving more detail.
We will also be getting letters from friends, family and also the church vicar to state that we have been planning to marry for a long time, with the intention of a registry office marriage and then a renewal of vows at the church when xxxxxxx family can afford to come over.
I also mentioned in my cover letter that we had a blessing ceremony at our church whilst xxxxxxxx was last here, so married in the eyes of God but not recognised by the state (I understand that's not everyone's view, but it is ours).
If there's anything more I could include in this then I'm open to suggestions please
Everything seems to be just about money... and that's exactly what we don't have right now
We've saved hard to pay the application fee and now after reading around
To be apart that long is going to kill us, but I guess there are many here that have been through or currently going through this right now and my heart really goes out to you. We are all Human, to keep us from the ones we love over such trivial issues is simply unjust.
To top all this off, an immigration official at the airport when interviewing xxxxxxx last time she was here said that she wouldn't let her back into the country again and that she would need a visa. Is this true?
She was here for 6 months and went straight home to the US after that. I thought that she was allowed 6 months a year here on just her passport alone? Baffled. Can anyone shed light on this? As it may be that she looks to come over again for 6 months whilst I save up in the background and then when she goes back we reapply? We are dreading the prospect of being apart for a year and a half more... the last time I saw her was last July
Anyway, I think that pretty much covers it. Apologies if I come across as whiny... I'm heartbroken right now and need some help. My head is a mess right now and any info that anyone can provide would be great. Give it to us straight... It may hurt but right now I don't know what's up or down and I just need something to help me make sense of where to go with this.
Thank you.
