Settlement Visa Refusal Help

[AmericanMom]

I am an American married to a British citizen. We have two children together. After 9 years of living abroad my husband decided to remove back to the UK. We all went and stayed together while he looked for a job. He got a permanent job in November 2016. This was after he left his job in the US in August 2016. I sent proof of his current UK job along with a temporary position he had in the U.K. From Sept '16- Oct '16. But we were refused because they felt I hadn't provided enough proof and that he hasn't worked in the same job for 6 months. He makes more than the financial requirement and did so in the US as well. I did not send any payslips from the US because I thought they would be irrelevant. I also (stupidly) didn't include any bank statements (we don't have a lot of savings). What can I do? It says I can appeal under Section 82(1). Anyone have any insight? One of our children is with me while the other is with his father in the UK (he was also born in the U.K...and has settled in to school there. My younger one is still not in school so came with me). I'm very disheartened. Any advice?

[Wanderer]

Reapply in May when you have the six month required proofs.

[AmericanMom]

Reapply in May when you have the six month required proofs.

Does that mean I cannot apply with his payslips from his American job prior to our move? He made more than the financial requirement in the US as well.

[Casa]

Your husband would qualify if you can show that he earned the equivalent of £18,600 p.a in the US in the 6 month period prior to submitting the application AND he had a confirmed job offer starting in the UK within 3 months of arrival, again meeting the £18,600 p.a minimum income level.

You will have to re-apply. My only reservation is that I'm unsure whether you have left it too late to apply under US & UK employment combined as this application is generally submitted in the US when the family are re-locating together. Wait for opinions of others.

[AmericanMom]

Your husband would qualify if you can show that he earned the equivalent of £18,600 p.a in the US in the 6 month period prior to submitting the application AND he had a confirmed job offer starting in the UK within 3 months of arrival, again meeting the £18,600 p.a minimum income level.

You will have to re-apply. My only reservation is that I'm unsure whether you have left it too late to apply under US & UK employment combined as this application is generally submitted in the US when the family are re-locating together. Wait for opinions of others.

Should I not bother with the appeal at all? I'm going to post the actual letter to perhaps make it clearer.

[Casa]

Post the refusal after removing any personal details. New evidence which wasn't available in the Case Worker's assessment of the application won't be admissible in an appeal. Also bear in mind that an appeal is a very lengthy (and costly) process and can take up to a year to be resolved.

[CR001]

An appeal can take well over a year.

If you post an attachment, please make sure that ALL personal information is blacked out, including employer names etc.

[AmericanMom]

I'm

[AmericanMom]

Post the refusal after removing any personal details. New evidence which wasn't available in the Case Worker's assessment of the application won't be admissible in an appeal. Also bear in mind that an appeal is a very lengthy (and costly) process and can take up to a year to be resolved.

Ah that may be it for me, I didn't provide enough evidence for the financial requirement so it can't be appealed, right?

[Casa]

Regrettably, the decision was correct according to the financial evidence submitted.

[AmericanMom]

Regrettably, the decision was correct according to the financial evidence submitted.

Yes, I figured they were asking for more evidence.

How should I proceed?

[CR001]

Apply again when you have hubby's 6 months UK payslips and corresponding bank statements.

[Casa]

IMHO an appeal would be pointless in the circumstances.

Either:
1. Re-apply with the last 6 months of US employment combined with earnings from the job in the UK which commenced within 3 months of your husband's arrival. *IF others agree you haven't left this option too late.
OR
2. Reapply once your husband has 6 months of payslips from his current employment + the 6 months corresponding bank statements.

[AmericanMom]

IMHO an appeal would be pointless in the circumstances.

Either:
1. Re-apply with the last 6 months of US employment combined with earnings from the job in the UK which commenced within 3 months of your husband's arrival. *IF others agree you haven't left this option too late.
OR
2. Reapply once your husband has 6 months of payslips from his current employment + the 6 months corresponding bank statements.

His US employment ended in July. He moved to the UK in July. Contrary to the refusal letter he started his permanent UK employment on 1st November, 2016 (not 21st). He also had a temporary job through an agency from September to October '16.

[Casa]

In which case I would re-apply once you have documented evidence of 6 months employment at the beginning of May as Wanderer and CR001 have advised.

The temporary work won't qualify to combine US & UK earnings and the gap between July and November is too long.

Edit: Even if the temporary work was considered, with the current employment it still wouldn't add up to the full 6 months required on the date you submitted the application in January.

[AmericanMom]

In which case I would re-apply once you have documented evidence of 6 months employment at the beginning of May as Wanderer and CR001 have advised.

The temporary work won't qualify to combine US & UK earnings and the gap between July and November is too long.

Edit: Even if the temporary work was considered, with the current employment it still wouldn't add up to the full 6 months required on the date you submitted the application in January.

Thank you for your advice. I truly appreciate it. I was preparing for the appeal, but decided to try this forum on a whim. So glad I did. Bittersweet.

[AmericanMom]

Will reapplying in May be affected by this decision?

OMG I'm so sad. I already stayed in the UK from July - January under the Visa Waiver so idk if I can visit. I miss my husband and child. First time we've ever been apart for more than a few days.

[Casa]

Far better a wait of just over 3 months than holding on for an appeal of a year or more which stands little (if any) chance of success.

Do ensure that you submit up-to-date documents for finances, accommodation and proof of contact between you both during your time apart. Take nothing for granted as the ECO will assess this as a fresh application and you'll need to tick all the boxes .

In answer to your last post, the previous refusal won't affect a new application.

[AmericanMom]

I was rejected for a Wife Settlement visa, and I am not sure how to answer the following questions:



Have you made an application to the Home Office to remain in the UK in the last 10 years?

Have you been refused entry to the UK in the last 10 years


Have you been refused a visa for any country including the UK in the last 10 years? Have you been refused a visa for any country, including the UK, in the last 10 years?

[vinny]

Posts merged.

[vinny]

I was rejected for a Wife Settlement visa, and I am not sure how to answer the following questions:



Have you made an application to the Home Office to remain in the UK in the last 10 years?

I don't know. Did you make an application in the UK within the last 10 years before leaving nine years ago?

Have you been refused entry to the UK in the last 10 years

I don't know.

Have you been refused a visa for any country including the UK in the last 10 years? Have you been refused a visa for any country, including the UK, in the last 10 years?

Obviously, yes.