Spouse visa refused - Reapply or Appeal?

[Ali2018]

Hi.

My wife has received a date to hand in her biometrics. I asked the Solicitor I wanted the application to be done fast track but I can’t see that written anywhere on the form that she needs to take with her. Where it says Submission method it just says “Standard”. Should it not say fast track or priority? I asked the Solicitor about it and he just said that that form is for my wife’s biometrics and the confirmation we receive from Sheffield will say priority on it. I am not really convinced. Has my Solicitor conned me and done it as a normal application? If he has submitted it as a normal application then is it too late to change it to priority?

Another issue is that he has spelt my name wrong where it says sponsors details. Will that be an issue or can my wife get that amended at her appointment?

I’ll be grateful for any help.

Thanks in advance

[makky86]

Hi.

My wife has received a date to hand in her biometrics. I asked the Solicitor I wanted the application to be done fast track but I can’t see that written anywhere on the form that she needs to take with her. Where it says Submission method it just says “Standard”. Should it not say fast track or priority? I asked the Solicitor about it and he just said that that form is for my wife’s biometrics and the confirmation we receive from Sheffield will say priority on it. I am not really convinced. Has my Solicitor conned me and done it as a normal application? If he has submitted it as a normal application then is it too late to change it to priority?

Another issue is that he has spelt my name wrong where it says sponsors details. Will that be an issue or can my wife get that amended at her appointment?

I’ll be grateful for any help.

Thanks in advance

please provide important information

your wife immigration history

what kinda visa she has applied

has she applied in or outside the UK

whats your curretn statust and immigration history

[Ali2018]

Sorry. I didn’t think any of that was necessary as the visa submission method was the only thing I needed to clarify.

But anyway, I’m applying for a spouse visa. My wife is in Pakistan and I am the sole director and shareholder of a limited company and a British citizen.

[makky86]

Sorry. I didn’t think any of that was necessary as the visa submission method was the only thing I needed to clarify.

But anyway, I’m applying for a spouse visa. My wife is in Pakistan and I am the sole director and shareholder of a limited company and a British citizen.

It is very important to provide the information so the answer you get is clear and relevant to your question.

Yes, there is priorirty service you can use if applying from Pakistan

http://www.vfsglobal.co.uk/Pakistan/use ... ces.html#4

There is additional cost £550.

You can login using your applications details to VFS and see if its paid for priorirty service or not.

Another issue is that he has spelt my name wrong where it says sponsors details. Will that be an issue or can my wife get that amended at her appointment?

Yes, this should be amended. It might lead to refusal. Forms are supposed to be filled properly.

Did you not validate the form before submitting???

[Ali2018]

Thanks for your reply makky86.

I have a Solicitor who is dealing with it. He submitted the form and just told me to ask my wife to print off the form, sign it and take it with her to the biometrics appointment.

I looked through the form and noticed that the visa submission method says standard and there is a spelling mistake in my name.

I already paid the Solicitor £590 for the priority service. He tells me that he has submitted it using the priority service but that doesn’t seem to be the case. Should it say priority instead of standard on the form or is he right that it will say that it is priority once I submit the supporting documents to Sheffield and get a receipt from them?

Regarding the name, can my wife point out the mistake at her appointment and get it amended or do I need to do something else? Her appointment is this Friday.

[makky86]

I have a Solicitor who is dealing with it. He submitted the form and just told me to ask my wife to print off the form, sign it and take it with her to the biometrics appointment.

I looked through the form and noticed that the visa submission method says standard and there is a spelling mistake in my name.

You cannot just trust solicitors like that mate. You need to have close eye as well. Is your solicitor basedi n Pakistan OR UK?

I already paid the Solicitor £590 for the priority service. He tells me that he has submitted it using the priority service but that doesn’t seem to be the case. Should it say priority instead of standard on the form or is he right that it will say that it is priority once I submit the supporting documents to Sheffield and get a receipt from them?

I think this is something you can buy even after applying online so not sure it would say on form. Check with your solicitor and ask him for confirmation for this. Ask him of proof in form of email which he must have received when paying extra for premium s ervice.

Regarding the name, can my wife point out the mistake at her appointment and get it amended or do I need to do something else? Her appointment is this Friday.

As far as I know the VFS at pakistan just takes your documents and send to the home office in Islamabad. I highly doubt they can make any changes once its usbmitted online.

Check with your solicotor on this and see what he says. But I think the sponsor details should be 100% accurate.

[Casa]

There is the opportunity to include any amendments in the printed form before submitting.

[makky86]

There is the opportunity to include any amendments in the printed form before submitting.

If I am not mistaken when you apply via VFS once you submit online then you cannot make any changes to the application. So the OP has to check if its submitted or still in DRAFT form but from the post it looks like its already been submitted.

[Casa]

There is the opportunity to include any amendments in the printed form before submitting.

If I am not mistaken when you apply via VFS once you submit online then you cannot make any changes to the application. So the OP has to check if its submitted or still in DRAFT form but from the post it looks like its already been submitted.

Unless there have been very recent changes, the official guidance has been:
"If you realise that you made a mistake on your online form, you cannot change it after you have submitted the form. Please make any changes in writing on your printed application form.

Any amendments should be initialled.

[makky86]

There is the opportunity to include any amendments in the printed form before submitting.

If I am not mistaken when you apply via VFS once you submit online then you cannot make any changes to the application. So the OP has to check if its submitted or still in DRAFT form but from the post it looks like its already been submitted.

Unless there have been very recent changes, the official guidance has been:
"If you realise that you made a mistake on your online form, you cannot change it after you have submitted the form. Please make any changes in writing on your printed application form.

Any amendments should be initialled.

I see thanks for sharing. I was not aware of that actually.

[Ali2018]

Unless there have been very recent changes, the official guidance has been:
"If you realise that you made a mistake on your online form, you cannot change it after you have submitted the form. Please make any changes in writing on your printed application form.

Any amendments should be initialled.

Thank a lot for your help casa. Very much appreciated!

[Ali2018]

You cannot just trust solicitors like that mate. You need to have close eye as well. Is your solicitor basedi n Pakistan OR UK?

My Solicitor is in the UK. I gave him the application fee and the priority fee and he said he would get a date booked for the biometrics. Then he emailed me the form and told me to tell my wife to take it with her to her appointment. I noticed these things after he had submitted it.

I think this is something you can buy even after applying online so not sure it would say on form. Check with your solicitor and ask him for confirmation for this. Ask him of proof in form of email which he must have received when paying extra for premium service.

I asked him whether he had made a priority application and he said yes and that it would say that when I received a reply after submitting supporting documents to Sheffield. I don’t understand why it wouldn’t say it on the application form my wife needs to take with her. Why would he buy it after applying online and not at the same time? I have read that you can upgrade your application to priority after postal submission but I have paid him for the priority route already so I would have thought he would do it all at once

[makky86]

My Solicitor is in the UK. I gave him the application fee and the priority fee and he said he would get a date booked for the biometrics. Then he emailed me the form and told me to tell my wife to take it with her to her appointment. I noticed these things after he had submitted it.

This is something your solicitor can help with.

Have you made sure that your solicitor is regulated immigration advisor

http://home.oisc.gov.uk/how_to_find_a_r ... inder.aspx

[Ali2018]

Hi everyone.

My wife was refused a spouse visa for two reasons.

The first was really silly because it said “you have not provided evidence of your partners immigration status in the uk” even though I provided a certified copy of my British passport!

The second reason was that I did not meet the financial requirements:

“You have not provided the required documents as listed above. You have provided a dividend voucher dated 27/10/16 showing your sponsor received £19000. However while you have provided personal bank statements none of them show that these dividends were paid into these accounts. You also state that your sponsor receives a salary from X Ltd. You have provided several payslips addressed to your sponsor from X Ltd, however none of them state the payment method. Furthermore there is evidence in your sponsors bank statements of business payments however it is unclear which are salary credits, as you have started your sponsor stopped using his business account between 23/6/17 to 20/10/17. You have therefore failed to provide the required documents.”


I am the sole director and 100% shareholder of my own limited company. I have had the company for 14 years and have filed tax returns and paid tax every year. I, perhaps stupidly, stopped using my business account a couple of years back due to the high fees I was being charged for making withdrawals and putting in cheques, and because I had read that it’s not a legal requirement to have a business account. I work as a locum pharmacist and am on an 18 month contract with my current client. All the cheques have been going into my personal account but I have been declaring them as my company’s income.

I had reservations about making an application because I couldn’t show dividends and salary going from my business account to my personal account but the immigration advisor I went to told me that I should go ahead with it and my application would be successful because there is something called “evidential flexibility”. I provided tax returns and SA302 for the last three years. I also provided a letter from my chartered accountant to say that I stopped using my business account so money in my personal account included my salary and dividends as part of my directors loan account and was available to withdraw as and when needed. I thought this would be enough but it obviously wasn’t.

So now I need to to decide what to do. Should I appeal? Or make a new application? If I appeal it could take over a year and if I make a fresh application then do I need to wait until November, because my company’s year end is 31st October? I have been using my business account since October 2017. Is there a quicker way? Any help will be greatly appreciated.

[CR001]

Who completed the Appendix FM-SE form, you or solicitor?

Did you check the form and documents before sending it?

[Ali2018]

Who completed the Appendix FM-SE form, you or solicitor?

Did you check the form and documents before sending it?

Hi CR001. The Solicitor completed it. It seemed to have been filled in properly

[Ali2018]

PS. How come my current topic has been added to a previous one I had started? Is it not possible to start a new separate topic?

[CR001]

It appears that the application was left for a solicitor to do to be honest.

Can you list exactly what evidence you submitted for the visa.?

How obvious was the salary and dividend credits in your personal bank statements in matching the dividend voucher and payslips?

[CR001]

PS. How come my current topic has been added to a previous one I had started? Is it not possible to start a new separate topic?

See the multiple topics link below.

announcements/multiple-posts-will-be-lo ... t5722.html

[Ali2018]

It appears that the application was left for a solicitor to do to be honest.

Can you list exactly what evidence you submitted for the visa.?

How obvious was the salary and dividend credits in your personal bank statements in matching the dividend voucher and payslips?

My company financial year end is October. I provided tax return for the period 1st November 2016 to 31st October 2017. I provided personal and business bank statements for the same period. The problem is that i did not use my business bank during that period. My accountant issued me with payslips and a single dividend voucher (dated October 2016) and explained that the salary and dividends were part of a directors loan account and withdrawn as and when needed. I was told by the Solicitor that the dividend voucher and payslips along with my previous three years SA302 and tax returns and a letter from my accountant would be enough as the ECO would use “evidential flexibility” to process the application.

I don’t know how I would show salary and dividend payments as I withdrew money from my personal account as and when I needed it.

[Ali2018]

Does anyone have any suggestions please?