Spouse Visa Refused 2017 APPEAL OR REAPPLY?

[SanaSaad1612]

Hi everyone

So, I got married December 2016, and filed in my spouse visa application to call my husband over from India on the 27th of May.

My husband had his biometric done in New Delhi 2 weeks after and he received an email from the home office in Sheffield notifying him that they have received our application, on the 4th of July. The email also stated that our application is being prepared to be checked and it should take 12 weeks

He received another email on the 20th of July asking for a prepaid envelope for them to send over the paperwork once they've made a decision

And then on the 9th of August I received a 40 minute phone call from the home office Sheffield. She asked questions about my part time job, How I was employed, what the company does etc etc, she also asked for my managers phone number and called him up too asking him the same questions she asked me. His phone call lasted 40 mins too. At the end of the phone call I asked her the progress of my application and she told me it's been processed and I'll be contacted soon.

I just want to know what it means by it being 'processed' and it's been over 3 weeks now and me and my husband both haven't received anything from them

It's honestly so hard living away from my husband and waiting for their email every single day!

I was just wondering if anyone has gone through something similar? If my application is processed why is it taking them to long to contact us?

Thanks in advance!

[bruteforce]

They can take all the time they need & you cannot do much about it other than just waiting. Hopefully, you will get a positive reply soon.

[SanaSaad1612]

I am a British born citizen and my husband is Indian

We applied for the spouse visa on the 27th May 2017
Refused 14th September based on financial income
1. They wanted a letter 28 days prior to the application from one of my employers confirming my job. But I gave them my entire contract signed and dated

2. I had a interview phone call which I pretty much messed up to be honest and this is the main reason why they refused it. I have two jobs, one full time and one part time, which gives me an income of 22k after tax. They rang asking information about my part time job.
I work for a very small company and my hours are flexible and because most of the work is done online I usually hot desk too. I'm really good friends with everyone I work with and so I guess the environment is pretty laid back and were like a family almost. I made a mistake with my income. She asked me how much I get paid and instead of saying £791, I said £719 because I just quickly glanced at it. They further went onto call my manager, I told him he was expecting a call and made the same mistake of telling him £719 instead.

So basically I'm screwed because of two numbers

My solicitor has asked the home office to see if the phone call was recorded or not. The question is, is it worth appealing? Or shall we just reapply all over again

Any sort of advice would be helpful

Thanks!

[SanaSaad1612]

It was refused

[CR001]

An appeal can take in excess of a year. It is quicker to reapply.

Your first point of refusal is correct, it clearly states you need a letter stating your employment particulars and not just your contract.

You have cast doubt on the genuineness of your employment now, which is unfortunate. What would be the point of obtaining the recording? To prove you messed up??

[SanaSaad1612]

I think my solicitor just wants to listen to the conversation himself

To prove my employment is genuine, I've taken screenshots of work emails from over a year and all correspondences, with the permission of my manager. I only chose those emails which didn't have sensitive information . I've also rang up HMRC and asked for my notice code too

Would this be enough?

We got married in December 2016, and I've already bought a house for us, I really don't want to keep delaying it all

[SanaSaad1612]

Also, when reapplying do you have to mention it was refused before and why? Because if that's the case won't they just refuse it again?

[CR001]

I think my solicitor just wants to listen to the conversation himself

Won't change anything though but if that is what he wants to do then so be it.

To prove my employment is genuine, I've taken screenshots of work emails from over a year and all correspondences, with the permission of my manager. I only chose those emails which didn't have sensitive information . I've also rang up HMRC and asked for my notice code too

Would this be enough?

You should not be submitting stuff like this. HO won't look at it as it is irrelevant. They want to see payslips/bank statements/employer letter etc. They are not interested in all the inner workings/correspondence of a company.

We got married in December 2016, and I've already bought a house for us, I really don't want to keep delaying it all

You need to submit what is required, nothing more. If HO feels they want to see more, they will ask. Don't over complicate things. You simply have to meet the requirements. Unfortunately, any application made now will likely be scrutinised again and if you are interviewed, your answers will probably be compared to the to previous interview and reasons for refusal. It is really important that you have all your facts 200% accurate based on the information you submitted to prove things. You and your boss stating a lower income level to what you have stated in the form and evidence, won't look good.

[CR001]

Also, when reapplying do you have to mention it was refused before and why? Because if that's the case won't they just refuse it again?

You need to state it in the form if asked for it. If you don't state the refusal, you are leaving out material facts. Besides, they have all the details anyway, so not stating it if asked for in the form would not be the wisest move.

[SanaSaad1612]

Oh man, I feel like I've really messed up everything, just over a mistake
They can't refuse my new application just because I gave the wrong information in the previous one can they? If I do get interviewed again, can they question me why I said the wrong things the first time around? Etc

[SanaSaad1612]

The only reason for the screenshots of emails was
so they can see I'm employed because the final statement of refusal letter was that they don't think I'm employed there

[CR001]

Oh man, I feel like I've really messed up everything, just over a mistake
They can't refuse my new application just because I gave the wrong information in the previous one can they? If I do get interviewed again, can they question me why I said the wrong things the first time around? Etc

All you can do is apply and perhaps explain your and your bosses error in a covering letter. You have cast doubt on the genuineness of your employment.

The only reason for the screenshots of emails was
so they can see I'm employed because the final statement of refusal letter was that they don't think I'm employed there

Submitting company emails etc is not going to help you, it won't be looked at as it is irrelevant to your application in terms of what HO expect to see.

[SanaSaad1612]

You're right
I guess the next step is to give it our best shot and try again.

The interviewee misinterpreted a lot of things wrong when she called me, such as my work timings. I work at a school so during holidays I'm able to give full time hours to my part time job but during term its in the evening, and she got it all mixed up, this is why my solicitor wants to hear the phone call

[Neosprin]

You're right
I guess the next step is to give it our best shot and try again.

The interviewee misinterpreted a lot of things wrong when she called me, such as my work timings. I work at a school so during holidays I'm able to give full time hours to my part time job but during term its in the evening, and she got it all mixed up, this is why my solicitor wants to hear the phone call

Hi Sana,

Have you reapplied?

Any progress on the application.

I've been refused and I am planning to reapply.