Visa rejection Advice please

[geoisbest]

Hello guys and girls,

My wife has had her visa application refused and am wondering if you can offer some advice.

Ok so, she is a Russian national living in China, I am a British national also living in China, I am fully employed by a UK company working in China on a temp residence visa and also have alien work permit.

My wife has a resident permit via my company however this does not entitle her to work or do business in China. We have recently got married and ironically has just gained the residence visa via myself. However, prior to this she was on a business visa working within China 'self employed'.

Issue is; quite understandably the visa application rubber stampy people do not believe that she has sufficient funds available to her, she does not have enough ties to China and do not believe that she will return at the end of her stay.

They must not have heard that the weather in the UK is crap in November and no body in the right mind would overstay then!

The refusal letter reads something like this.....

You have applied for leave to enter to visit the UK for nine days for tourism.

I have considered the information you have provided about your personal income and economic circumstances. You have stated that you are unemployed but have savings. You have provided copy of a bank statement in your name from...........xxxxx with a a closing balance of ~£1,000 (exchange rate....) You have stated you plan to spend £1500 on your visit and no one else will be paying towards your cost.

(Ok guys I know this bit seems pretty self explanatory for refusal, I am not that backwards..... ish...)

Goes on..... You have stated that you live in China with your Husband Mr (ME...), a British citizen whom you will be travelling to the UK with. While I note he is in employment, you yourself are not, and do not have the ability to gain employment in China n the visa you hold.

In addition, your Husbands economic circumstances in China are not clear. You have provided a copy of online bank statements in hos name from Natwest, a bank in the UK, which has closing ballances of +20k .... and £2k...... While you have provided his alien employment permit which demonstrates his employment in China, you have not provided any documentation which demonstrates his income and economic circumstances in China. It is therefore unclear how you are supported in China.

I must take into account personal and economic circumstances................................... Blah blah, As your personal and economic circumstances to China are weak I am not satisfied that you are a genuine visitor.

More about the same stuff..

Anyway, I understand that this is pretty clear cut, but I would like some advice on the following points if you would be so kind....
- How do we circumnavigate the employment issue, my wife is employed, but via a Russian company but carry's out the majority of work in China, for cash, or very little paper trail.
- How can I prove that we plan to return to China.... Of which we do... Very much so, its freezing in Manchester!!!!
- Can I write a invitation letter stating that I will be able to support and pay for the trip?
- How do we proove that we have economic ties to China and intend to return....

I am going back for work at the end of Nov. And want to actually show my Wife the UK prior to a permanent move at the end of next year.....

Thanks very much in advance for any advise. As you can imagine, as a UK resident its somewhat frustrating being in this position.....

[Casa]

As this isn't relevant to a Tier 1 General extension I have moved it to the correct sub-forum where you should get a response. I'm assuming this is a visitor visa application.

[geoisbest]

Thanks casa,

Yes it is. Apologies I should have put that crucial bit of info. Its a Visitor Visa...

[Casa]

Proving strong ties to the home country is always a tough one, especially when the spouse is British.

Regrettably, you will find a number of threads on the forum where the foreign spouse has entered with (or joined) the British husband in the UK on a visitor visa and then decided they don't want to leave. Genuine visitors such as yourselves suffer for the actions of others.

[geoisbest]

I honestly fully understand the situation. I grew up In Oldham of all places........ Subsequently moved to Coventry. So understand the rationale behind the situation... Really really frustrating, I just dont know what to add though. I know that on the application we stated that she would be paying for herself. As a lot of the time we will be staying with my parents.

Its a rubbish situation, however will be reapplying and hopefully explaining some of the points in the rejection letter along with payslips from China... Which go into my UK bank.

I dont know what else to do though. I understand there has to be a risk assessment conducted. In all honesty it would have been better applying as an individual. But still, how you prove that you are going to return is still a bit difficult. i cant exactly put... The weather is S**t, the pay is crap, and I want to stay out as long as possible with my wife?

Work will sponsor her for a permanent visa and we have started this process. This one via the work lawyers.... I want that one to go a little smoother. But would be nice to actually get to see the family with her...

[Casa]

You could re-apply with you sponsoring the entire visit, submitting evidence of your finances. Also proof of your ongoing employment in China to support the statement that you intend to return within the terms of your wife's visitor visa.

[geoisbest]

Is that more likely to be accepted. I mean that was the sort of angle that I was trying to get at with the previous application..... But somehow failed miserably.

Does anyone have a template how this can be set out?

I assume there is an invitation letter and statement as such? Well thats what I have had when visiting Russia when roles were reversed... Which in comparison is a lot easier!