Settlement Visa Refused - Pre Action Protocol?

[MacacoPrego]

Good Evening All!

This is my first post here.

I am a 48 year old British National, residing in the UK. I am a Long Haul Airline Captain, have been employed in the same company for over 15 years, am a homeowner, debt free (other than the usual mortgage!), and have an annual salary in excess of £150k. I have no children or other dependants, divorced from a previous marriage but with no ties or financial obligations to my ex wife. I also have fairly large savings and pension provisions, and a healthy positive balance in my current account.

In July I married my girlfriend of 6 years in Brazil. She is a Brazilian National, also previously divorced but with no financial obligations or children with her ex husband in Brazil. She has an immaculate immigration record (as have I), and is of good standing with no criminal record, and has a 10 year US visitor visa also. She has visited me on numerous occasions in the UK, never once overstaying or being denied re-entry when travelling with me on work trips.

Her visa application was filed in Sao Paulo through VFS Global, and after 6 weeks it has just been rejected on 3 grounds;

Firstly, they say they have reason to believe our marriage was not legal, because she didn't provide her divorce certificate with the visa application. This is technically impossible in Brazil, because when you apply for the marriage licence at the 'cartorio' (registry office), they retain the original divorce certificate permanently, to prevent bigamy. Indeed presentation of a marriage certificate is legal proof that your divorce certificate (or non-impediment certificate, in the case of unmarried foreign nationals) was presented and confirmed for authenticity, prior to your marriage. So the ECO is asking for something that is a technical and legal impossibility. In fact if a divorce certificate was presented with the application (and they knew their law!), that WOULD give them grounds for suspicion.

Secondly, and this one is just as unfathomable... They say she has failed to demonstrate she has suitable accommodation in which to live in the UK, and lacks the means to support herself! I sent a 2 page covering letter as her husband and sponsor, confirming our intention to live in my family home, which I live in alone and bought after meeting her (so nothing to do with my ex wife...) I provided mortgage statements, original bank statements to cross reference mortgage payments, council tax bills, utility bills, my P60 showing over £40k in tax paid in the last financial year, and over £150k in gross earnings per annum. I sent my contract of employment showing I have been in continual employment with the airline since 2003, I sent ISA statements, SIPP and Pension statements to the value of almost half a million pounds... In short, anything and everything I could think of to prove I could take care of her. I also sent proof of our six year relationship with photos of us in various parts of the World, Brazil, London, Las Vegas, Mexico, Jamaica... And many pages of passport stamps showing my entries into and out of Brazil - a destination my airline does not fly to (To prove that they were not work trips, but leisure trips to maintain our relationship.)

The third reason they state is failure to demonstrate adequate English Language skills. During her stay in 2017, she completed IELTS CEFR level B1 English, a 3 hour exam in Reading, Writing, Speaking and Listening, at an official testing centre in London, and obtained a pass. This is above level A1, the requisite level for Spouse Visa. However, as her exam was marked on the PASS certificate as 'IELTS General Training', I sought clarification from both IELTS and UKVI as to whether it was sufficient or not for the visa application, after all thinking that B1 is the required level for British Citizenship, way above A1. IELTS agreed the information was not clear, and I cited several online references that suggested that General Training B1 was sufficient for settlement visas, but they referred me to UKVI as the official reference. UKVI refused to answer my query (which I had to pay to ask), stating that they could not comment on individual cases. We had not even married at that stage, so I reiterated that the question was not related to an individual case (we hadn't even applied for the visa, so what case exactly?), and that I was simply seeking information to make sure the application was correct. They refused to reply or clarify in any way, simply referring me back to the same ambiguous web page I had cited in my original email, twice. I fortunately posed the question via email, so I have the full email exchange on file.

I briefly consulted an Immigration Lawyer who stated that an appeal will take at least a year, although was almost certain to succeed. As a 48 year old man that wants to start a family, with an 87 year old father in cancer remission that wants to see his daughter in law again while he's still around, that isn't an option for me. Nor for her, as she had to quit her job in Brazil to get married (she was on probation period and they wouldn't give her 4 days off work!!) Of course during appeal, she will not be allowed to travel to the UK, and if they retain her passport, nor anywhere else. Also fitting regular monthly trips to Brazil into an exhausting jetlagged work lifestyle was affecting my health, and I cannot do this again for another year, it was literally killing me.

The lawyer stated my other options were to simply apply again and see what happens. But you can't use the priority service next time around, so at least 3 months, probably more, and moreover, why would I think it will be any different next time around? Einstein said the definition of madness is repeating the same action over and over again and expecting a different outcome from the last... I don't fancy another £3000 spin of the lottery roulette wheel if the system is this broken.

So, their final suggestion was to fire a Pre Action Protocol at UKVI. They said this will cost me £3000 to begin with. They didn't go into other details, and frankly I am concerned they have £££ signs flashing in their eyes - the lawyer after all said "You are lucky, you can afford a lot of legal costs!" Thanks... Does that mean we're assessed on a different matrix to the rest of the applicants then!?

I have looked and an initial PAP seems fairly straightforward. I believe the ECO has made technical mistakes on the grounds of failing to recognise that a divorce certificate could not possibly be presented for a married couple in Brazil, so they are requiring something that is legally impossible to deliver. On point 2, frankly I am at a a loss. The solicitor suggested "You might want to re-apply and send less information next time, because maybe the ECO couldn't be bothered to evaluate it all as you sent too much?" Really? Words fail me. A life changing decision affected by a reluctance to read the information I spent 2 days compiling , printing and filing through VFS Global. Unless of course, VFS Global didn't file it all... The final point is awkward because I made every attempt to seek the correct information for a successful application, and I have documented proof that UKVI refused to provide it on unreasonable grounds. In the absence of their clarification, I believe we had valid reasons to believe that a higher level of CEFR English language certificate would be acceptable, but nevertheless I have booked her in to do the 25 minute A1 test in 10 days, so she'll have that too.

Do you think a PAP is a suitable course of action? Do I have good grounds for this? I'll be honest, I am reluctant to just try and apply again or appeal as both are lengthy, with dubious chances of success in the case of a re-application, and I feel that a negligent and possibly even incompetent decision has been made by the ECO, so I would rather follow a route that forces them to re-evaluate their decision rather than acquiesce. Frankly I am sick of the level of incompetence here on life changing decisions. If I showed that lack of attention to detail in my job, a lot of people would die.

The Solicitor's words that "You're lucky, you can afford to re-apply again and again!" frankly has stuck in my throat. You could be the richest guy or girl on the block (which I'm not by any means!), but it doesn't buy back the valuable time lost in your life with your loved ones.

Thanks for reading and I appreciate it.

D

[seagul]

In my opinion first two points of refusal such as impossibility to present divorce certificate due to its being permanently taken away by Brazilian marriage permission authority and accomodation (which seems incorrect judgement) can be challenged. But ielts general training certificate to meet the language requirement is not UKVI version and cannot be accepted and that's I believe is the weakest point. If it was B1 IELTS life skills then it definitely be accepted. Also if you re-apply then pinpoint them the Brazilian law about keeping permanently the divorce certificate, and as you said to be the homeowner then add property deed too.

[bathanza]

I too was a victim of a ruly solicitor who took advantage of my income and savings - majority of firms are money makers. Only a few truly honest.

Save the £3500 plus VAT cost you'll have in a PAP and possible JR and reapply addressing the refusal points. B1 vs A1, though higher perhaps just fork out the extra to MEET said requirements, but as seagul said you can challenge it. If I did the application I would just sit the damn 6 minute exam to get the most expensive certificate..

All other items have been addressed.

I would recommend in your cover letter to address each requirement in a spousal FLRM and make short statements as to HOW she as an applicant meets the requirements

Cultural differences can be addressed in cover letter but do provide evidence on this.

Post back with any questions. Wish you all the best

[Casa]

One correction in bathanza's adivce....this isn't a FLR(M) application.

I agree with seagul that the weakest issue in the refusal is likely to be the IELTS test. See below:

"You must confirm at the time of registration that you wish to use your test result for a UK visa application. You must sit the test in an “IELTS for UKVI” test session, as UKVI will not accept results from all IELTS tests offered at these locations."
AND
"How is my IELTS test different if I take it for UK visa purposes?
Separate sessions will be held for UKVI applicants. You must ensure you register for an “IELTS for UKVI” test date at the locations listed here.
The IELTS test for UK visa purposes is designed to meet certain administrative requirements that are specific to UK Visas and Immigration. Test Report Forms will be slightly different, to show that test takers have taken the test at an IELTS UK visa session[/i]."

https://takeielts.britishcouncil.org/ie ... t%20result?

[MacacoPrego]

Thankyou for the replies.

I had a slight concern that the IELTS test may be the weak link in the case, maybe I was thinking too positively. In terms of my efforts to ascertain from UKVI if the IELTS B1 certificate she had was sufficient, and their tacit refusal to advise (of which I have evidence), is there any point in pursuing this avenue through a PAP? I.e. that the applicant used reasonable means to resolve ambiguity but they refused to co-operate? By the time they respond, she should have the new A1 certificate also, but if that then requires a brand new application, rather than them re-assessing it using the new certificate, then we are gaining nothing and spending over £3000 on a PAP. Incidentally this is on the IELTS website, and I think muddies the water:-

IELTS for UKVI General Training
Suitable for Tier 1, Tier 2 and Tier 4 UK Visas and Immigration applications
IELTS for UKVI General Training is for test takers wishing to migrate to the UK and for those wishing to train or study below degree level.
Components: Listening, Reading, Writing and Speaking

Whilst I now agree that she definitely needs A1, there is information out there that could be construed that A1 is only the minimum level, and that higher qualifications could also be used, and also General Training too:-

https://www.gov.uk/government/publicati ... uage-tests

Take an approved English language test

You can prove your knowledge of English by passing an approved English language test with at least a CEFR level A1 in speaking and listening.

And this:-

The IELTS test for UK visa purposes is designed to meet certain administrative requirements that are specified only for individuals who wish to study, work or live in the United Kingdom. You can still choose between the IELTS Academic, General Training or IELTS Life Skills for UKVI tests, but you must ensure that you sit the exam at a centre authorised by the British Home Office.


She did take the test at a centre authorised by the home office, and that is clearly visible on the certificate. This information on an IELTS website clearly suggests that IELTS General Training, as long as it meets the required CEFR level, and is undertaken at an authorised test centre which will be printed on the certificate, is acceptable. This was my reasons for asking for clarification - which UKVI refused to give me.

I am advised that the second application following a refusal cannot use the priority service, so I presume we are looking at a long wait of several months to process it.

With regards to the divorce certificate requirement, if that shows that an incompetent decision has been made by the ECO on unjust grounds, is there any form of recourse for accelerating the new application?

Finally, the rejection of my financial evidence. This one really concerns me with simply re-applying. The mortgage provider retains property deeds these days, so you can't provide them, nor can you be expected to provide them. Ironically having a rental agreement seems to hold more sway than being a homeowner. I thought that mortgage statements that can be cross referenced with bank statements, and also council tax bills and utility bills, would be evidence enough. I supplied a lot more pure financial evidence too, salary statements, in fact I sent my entire tax return from 2017-2018. I guess in a new application, the question will be raised "Have you previously been refused entry?" in which we state 'Yes', then the reasons for refusal we can address step by step?

Notwithstanding the IELTS test issue and the UKVI's obstructive approach to clarifying the information, I believe the other two grounds for refusal are bogus and factually incorrect, therefore do we have any means of expediting the second application? I have already written to the local MP who has written to Caroline Noakes, Immigration Minister, with the suggestion that due diligence is not being applied to expensive and stressful visa applications. I'm not expecting that will change anything, but wondering if it might result in priority handling.

I'd like to add, I hope that nothing in these posts seems like stating that high earners should get preferential treatment, I am against that and just want a fair system for all. But it seems quite clear from anecdotal evidence that overseas applicants to join their sponsor and spouse are declined very easily often on technically incorrect decisions, whereas once you arrive in the UK, legally or otherwise, you can apply or appeal and enjoy the company of your spouse whilst you await the decision.

Thanks again for reading. Have a nice weekend.

[MacacoPrego]

More here too on the ambiguity of the IELTS testing regime:-

https://takeielts.britishcouncil.org/ie ... t%20result?

From the table on this page:-
Family of a settled person visa A1 Speaking and Listening IELTS Life Skills at A1 – Pass
IELTS – 4.0 in Speaking and Listening

IELTS is accepted by UKVI at band scores 4.0 and above, equivalent to CEFR level B1.

IELTS can be used where IELTS Life Skills is used; candidates would need to get 4.0 or above in Speaking and Listening (scores for Reading and Writing will be ignored).

[seagul]

Check her test certificate whether it says to be ukvi one and does it hold any ukvi number. If so then it can be covered under the quote you got above.

[taffet87]

There is no ambiguity for IELTS. IELTS General and Academic are accepted if they are the “for UKVI” option. The right booking has to be made when paying the IELTS fee. It appears the test Given was not valid and will not be won in appeals.

Regarding accommodation. Did you provide a land registry document. Also a floor plan or photos to show the house is sufficient in the absence of a housing report.

You haven’t posted the exact refusal wording but accommodation is a separate requirement separate from financial requirement. You seem to be muddling the two together which may make common sense but it’s not how the immigration rules are written

[MacacoPrego]

Ok - land registry documents are now held electronically - I didn't get one when I bought the house, and as far as I know these are no longer given when you purchase a house. And likewise the deeds are held by the mortgage provider until the mortgage is paid off in full. I did ask this question when I bought the house in 2015. I sent a mortgage statement (that could be easily cross-checked with my bank statements) showing the house value and the outstanding sum (£400k outstanding), I stated in my sponsor's covering letter that it was a 5 bedroom property. Of course I could supply a floor plan, but is that really any proof? I could download a floor plan off the internet now for any property off any estate agents site... What does that prove? I have supplied several utility and council tax bills that show the Council tax band F of the property. Would they have reason to believe a band F house cannot accommodate two people?

Here is the actual text of the refusal, which is listed under 'Eligibility Financial Requirement', so I don't think I am muddling the two:-

Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. for the following reasons:
You have not provided documents to demonstrate the accommodation available to you in the UK. The lack of documents showing you or your sponsor have adequate accommodation rented or purchased or that you have been offered accommodation by a third party raises doubts that you have adequate accommodation to live together as a couple in the UK.

It doesn't change anything and of course it doesn't help me, but I feel this decision is ridiculous in the extreme. I have proven I have a mortgage, in my name, on a property worth £680,000, and I still owe 400k on it. What do they think it is, a bedsit? I can of course include the original estate agent's flyer which I still have, and I have printed out a page from Rightmove. It doesn't prove the address, the ownership, because you could quite easily edit a page off Rightmove and change the address... As for photos, I could once again download photos of any house I like off an estate agent's website. What does that prove? On the other hand, they could have quite easily googled the address and looked at the house on Google Earth, which is a far better proof than any amount of unverifiable photos.

For the record, here is the refusal on the ground of their belief our marriage is not legal:-

You have applied to join your husband in the UK. You have provided a marriage certificate from Brazil dated 21/07/2018. In your Appendix 2 both you and your sponsor have declared that you were previously married. Your marriage certificate also states that you were divorced.
However, you have not provided any decree absolute or divorce certificates to demonstrate that either you or your sponsor were free to enter into a new marriage on 21/07/2018.
Therefore, I am not satisfied that your marriage/civil partnership is valid. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.7)

This is bogus. By law, in Brazil you will not have a divorce certificate or a decree absolut after getting married again, because it is held permanently in the cartorio following your application for a marriage licence. Indeed if you did, then that would give grounds for concern. Frankly an ECO that is assessing overseas applicants should know the rules of the country of the applicant.

Anyway, I think our only option is to re-apply, and she will have the correct certificate then, the lower 'A1 for UKVI' certificate. I paid UKVI to try to ascertain the answer to this, and they were deliberately obstructive, and refused to answer.

I can see how this is working... I think it's designed to stop overseas applicants no matter how valid. We'll give it one more go, then we've decided to move to Europe and rent the property out here. The system is broken and totally wrong.

Thanks for your help and advice, it's been far more useful than any solicitor so far.

Cheers

DW

[ariamus]

For a fee of £7 you can obtain an official paper copy from Land Registry which will confirm you own the property, albeit with a mortgage. I believe this document is mandatory for your application as you own the property.

For a fee under £100 you could ask your local council to visit and write a report to confirm it is suitable for the number of people required. This would be solid independent evidence as opposed to your own floor plan.

Also as mentioned by another member, providing too many unnesscary or irrelevant documents doesn’t always help the case/ECO. You need to make a clear set of documents which will help the ECO easily see you have met all the requirements.

If you do wish to include any additional documents, i would suggest you put these at the very back of your bundle and so the ECO will look at them if they feel necessary.

[ariamus]

Also, regarding the divcorce, did you include your divorce documents?

You have applied to join your husband in the UK. You have provided a marriage certificate from Brazil dated 21/07/2018. In your Appendix 2 both you and your sponsor have declared that you were previously married. Your marriage certificate also states that you were divorced.
However, you have not provided any decree absolute or divorce certificates to demonstrate that either you or your sponsor were free to enter into a new marriage on 21/07/2018.

[seagul]

Also, regarding the divcorce, did you include your divorce documents?

You have applied to join your husband in the UK. You have provided a marriage certificate from Brazil dated 21/07/2018. In your Appendix 2 both you and your sponsor have declared that you were previously married. Your marriage certificate also states that you were divorced.
However, you have not provided any decree absolute or divorce certificates to demonstrate that either you or your sponsor were free to enter into a new marriage on 21/07/2018.

By law, in Brazil you will not have a divorce certificate or a decree absolut after getting married again, because it is held permanently in the cartorio following your application for a marriage licence. Indeed if you did, then that would give grounds for concern. Frankly an ECO that is assessing overseas applicants should know the rules of the country of the applicant.

[MacacoPrego]

No, I can't because my divorce certificate is also held in the same cartorio as my wife, although I did provide a photocopy. The ECO's suggestion that no proof was provided that either of use was free to enter the marriage, suggests that a copy of the divorce certificate is no good, they want the original.

[seagul]

Anyway, I think our only option is to re-apply, and she will have the correct certificate then, the lower 'A1 for UKVI' certificate. I paid UKVI to try to ascertain the answer to this, and they were deliberately obstructive, and refused to answer.


DW

For English language test strictly follow the following list. Try to do B1 IELTS life skills which will cover A1 & A2.

https://assets.publishing.service.gov.u ... s_v3_0.pdf

[MacacoPrego]

For a fee of £7 you can obtain an official paper copy from Land Registry which will confirm you own the property, albeit with a mortgage. I believe this document is mandatory for your application as you own the property.

Thanks, good suggestion. If a paper copy from the land registry was a mandatory requirement, then it should say so. This is nowhere on the application sadly. But then again, as I say, I believe the application process is deliberately ambiguous to encourage rejection. I've just bought a copy from the land registry site - it was £42...

Also as mentioned by another member, providing too many unnecessary or irrelevant documents doesn’t always help the case/ECO. You need to make a clear set of documents which will help the ECO easily see you have met all the requirements.

Actually I don't think it was another member that said that about too much evidence - I wrote in one of my posts that it was the immigration solicitor that suggested to me that they could handle my re-application, and they would simply include less evidence in the pack, in case the ECO was at the end of a long day and simply couldn't be bothered. I told them everything I provided, and they said it should have been more than adequate. So I guess if you follow that strategy and include less evidence, and it lands on the ECO's desk at 9am when they've had their morning coffee and raring to go, you'll be rejected because they'll say you haven't provided enough evidence...? It's too arbitrary and vague, but that is their intention.

To illustrate how ludicrous it is, a friend of mine said "Why don't I just write out a tenancy agreement for you for one of my vacant properties?" Quite...

The 'bundle' cannot be separated as such - anything that is considered 'Financial' has to go behind the 'Financial' barcode when submitted by VFS Global, and so on. I wouldn't say there was anything in there that was 'packing' - for example, you need to prove that you have had your job (as the spouse's sponsor) for more than 6 months. Best way to do this? Include my contract of employment (as an example.) Had I not included that, no doubt they would have said "You've failed to prove that you are actually in the position you say you are."

I included copies of my airport airside ID's, as to hold one you need to have passed a stringent criminal record check and it also proves that I am who I say I am. Maybe that could go with the 'additional supporting documents' barcode.

Like I said, I believe the whole process is rotten to the core but I'll give it one more spin of the immigration roulette wheel.

[MacacoPrego]

Anyway, I think our only option is to re-apply, and she will have the correct certificate then, the lower 'A1 for UKVI' certificate. I paid UKVI to try to ascertain the answer to this, and they were deliberately obstructive, and refused to answer.


DW

For English language test strictly follow the following list. Try to do B1 IELTS life skills which will cover A1 & A2.

https://assets.publishing.service.gov.u ... s_v3_0.pdf

Yeah, I must admit, an immigration lawyer has already said don't do that, because some ECO's don't know the difference between 'language requirement' and 'language minimum requirement'. They've had people who have done IELTS life skills B1 and been turned down for a spouse visa. indeed when I first told her the story, she though my wife had done IELTS life skills B1 (not General Training) and said "Yes, we have seen that more than once..."

[MacacoPrego]

Anyway, I think our only option is to re-apply, and she will have the correct certificate then, the lower 'A1 for UKVI' certificate. I paid UKVI to try to ascertain the answer to this, and they were deliberately obstructive, and refused to answer.


DW

For English language test strictly follow the following list. Try to do B1 IELTS life skills which will cover A1 & A2.

https://assets.publishing.service.gov.u ... s_v3_0.pdf

Yeah, I must admit, an immigration lawyer has already said don't do that, because some ECO's don't know the difference between 'language requirement' and 'language minimum requirement'. They've had people who have done IELTS life skills B1 and been turned down for a spouse visa. Indeed when I first told her the story, she though my wife had done IELTS life skills B1 (not General Training) and said "Yes, we have seen that more than once... She should only do A1, nothing else." My wife was a bilingual (English / Portuguese) executive PA.

[ariamus]

I’m sure the Operational Guidance or such states you need a letter from your employer to confirm eg permanent employment, date started, salary’s etc and therefore the contract itself is not needed. The contract doesn’t prove you’re still in that employment.

Did go to the Gov.uk site for an official copy of the title deeds? It’s £7 a document but granted for some properties there may be more than one document. There’s many third party sites that allegedly offer this service and charge more for the privilege!

[seagul]

Anyway, I think our only option is to re-apply, and she will have the correct certificate then, the lower 'A1 for UKVI' certificate. I paid UKVI to try to ascertain the answer to this, and they were deliberately obstructive, and refused to answer.


DW

For English language test strictly follow the following list. Try to do B1 IELTS life skills which will cover A1 & A2.

https://assets.publishing.service.gov.u ... s_v3_0.pdf

Yeah, I must admit, an immigration lawyer has already said don't do that, because some ECO's don't know the difference between 'language requirement' and 'language minimum requirement'. They've had people who have done IELTS life skills B1 and been turned down for a spouse visa. Indeed when I first told her the story, she though my wife had done IELTS life skills B1 (not General Training) and said "Yes, we have seen that more than once... She should only do A1, nothing else." My wife was a bilingual (English / Portuguese) executive PA.

Test need to be UKVI one with unique UKVI reference number one which enable the HO to verify it straightaway. However, if the test is of different type with no UKVI reference number on it then usually it doesnot be accepted and that whats the problem is. B1 life skills is UKVI type of test which not only meet A1 but also A2 too.

[MacacoPrego]

Ooops look like my mistake - I used land-search-online.co.uk I probably paid over the odds but never mind.

It's been several days of burning the midnight oil with not much sleep...

I am assuming my job and salary as her sponsor isn't an issue with UKVI because they didn't dispute that in the refusal letter - it didn't say "We don't believe your sponsor has met the salary requirement." - it was just the property. Of course, the next ECO might have other ideas. Out of interest, is there any rule that forces the next ECO to accept evidence and decisions previously made? Or can they just keep flip-flopping between different reasons for rejection, that are ok one month and not ok the next? Serious question, despite my cynical tone...

That said, payslips up to the latest in August from the employer, and a bank statement to cross reference the same sum going in on the payslip pay date should be more than enough. If I was looking for strong evidence, that's what I would be looking for - data that is cross-verifiable and from independent sources, not just a letter on headed notepaper that is the easiest thing in the world to forge. That's how money launderers are caught after all. Once again, it is easy to write a letter from an employer on headed notepaper. Anyone can do it. My contract is signed and dated by the same person that would write a letter anyway, and is dated May 2018 as I got a promotion then. It does, however, confirm my period of continual employment started in 2003.

[Casa]

If re-applying, ensure your latest payslip and the corresponding bank statement are dated no older than 28 days when the application is submitted.

If the accommodation isn't in multiple occupancy an absence of a property inspection report shouldn't have been a reason for refusal.
A recent mortgage statement should also have been sufficient to prove ownership. A property deed should only be required when there is no mortgage and the property is owned outright.

Regarding the refusal of UKVI to confirm the validity of an IELTS test, the Home Office have outsourced their 'help line' service to an agency and you were actually speaking to one of their inadequately trained call centre employees. They frequently give poor advice on even the simplest of immigration issues and take no responsibility for the consequences. Call them 10 times and you're likely to be given different advice during each call

[Londoner007]

@ MacacoPrego
Even though you have met the financial requirement by having a impressive salary of £150k you have really submitted a messy application.

The documents are all over the place and some do not even meet the list of required documents.

Get proof of divorce from Brazil - surely they will have kept a copy of the certificate in Sao Palo - to show you meet the suitability to marry

Gets the wife to do IELTS Life Skills A1 - you meet minimum English requirement

Get Land registry and deeds copy and maybe even a House Inspection report - to show you own property the property and it has enough room for you both. Inspection report not strictly required in your case.

Get proper employment letter to state salary etc - to show you meet financial requirement

Include all travels and communication together - to show genuine relationship

And THEN re-apply.

Even though you earn £150k you cannot get approval missing out crucial documents, someone who works 3-4 jobs and earns £18,600 together will get approval provided they submit a application with all required documents.

[MacacoPrego]

@ MacacoPrego
Even though you have met the financial requirement by having a impressive salary of £150k you have really submitted a messy application.

Thanks for your input. I presume you must have been seen her application then, as you clearly have detailed knowledge of the contents of it? I wouldn't say it was a messy application - the big mistake has been the IELTS certificate. I shouldn't have listened to IELTS, and UKVI could easily have given us the answer but chose not to, but that is my fault. I was naive.

I was waiting for that comment to be honest. Never mind. I certainly don't think someone on a decent salary should get automatic entitlement, that's not a fair system. But I do think that if you provide proof that you are paying a very large mortgage on a single occupancy band F property, coupled with cross verifiable and independent data (bank statements) that frankly should be enough. The whole point of the financial requirement (that EU nationals don't have to meet in order to bring spouses to the UK!) was to reduce the likelihood of the family of a migrant relying on public funds to support their spouse and family in the UK. If you can show an employee payslip transferring funds to your bank account, the salary arriving, then out to the mortgage, i.e. three independently verifiable and original sources to show the money flow, and sufficient disposable income to support your spouse, then that should be enough. You've proven it beyond 'reasonable doubt'.

There is no 'standardised' list of documents for a spouse visa application, and the immigration lawyers I spoke to confirmed as much. If there is it's very well hidden and maybe someone could point me to it. There are only 'suggestions', and the internet is full of them, some seem sensible, some questionable (print out your Facebook Friends History!??) Just a look at the suggestions on here also confirms that. Letter from the employer on headed paper (very easy to falsify), floor plans and photos of the house (can download those from anywhere, even easier to falsify), deeds (good idea), land registry title (excellent idea), payslips, but within 28 days (what if the case isn't presented to the ECO within 28 days of filing with VFS, which it almost certainly won't be - ours was 5 weeks from submission date, using priority service...) And why 28 days? If I could have lost my job 6 months ago, I could have lost it yesterday too! It's a minefield and I'll be honest, I think it's set up to give ample leeway for an ECO to decline on dubious or subjective grounds, in order to cap targets.

I think I can see the real issue here. It's far easier for the home office to control the caps on immigration by denying applicants from overseas before they've boarded a jet and landed in Heathrow, legitimate or otherwise. On the other hand, there are multiple other avenues to get into the UK or stay here (EU citizens have more rights to bring a non-EU spouse to the UK than a Briton does, and it seems this avenue is being utilised on a very large scale by Non-EU nationals with first or second generation claims to EU nationality, in order to move to the UK with their non-EU national spouses.) For example, I know of two South Americans this month who married their countrymen (as a financial arrangement), who also had a Portuguese and Italian passport through second generation citizenship. They applied in the UK and got their 5 year residents visa within a month! Or another Bolivian man with UK residency from a previous marriage, who re-married a Cuban, but was unable to meet the financial requirement to support her. So she entered the UK as a tourist (i.e. lied to the clearance officer at gatwick "I'm staying with a friend"), then once here appealed for a spouse visa, claiming that their original intention was to live in Cuba but his children don't want to leave the UK. They get to live here as a couple whilst under appeal, even though she entered under false pretences. To me both are an abuse of the system. But either way, they get to enjoy life as a couple in the UK while an overseas applicant wife of a Brit gets denied on dubious grounds.

https://www.theguardian.com/commentisfr ... ses-trauma

It's not a fair system at all in my view and is broken, but it is 'the system' and I'm sure people will have their views on that, depending on which side of the fence they sit. So until it's changed we just have to comply with it or move. I'm happy to give it one more go, I can always move. Others don't have that luxury.

I thank the vast majority of input on here, it's been most useful and given me some great guidance - thankyou all for your time.

Over and Out!

[Londoner007]

Going by some of the examples of documents you have listed, yes indeed a very messy application. For exmaple IELTS General B1 was submitted, where UKVI clearly want IELTS Life Skills, doesn't matter if its a higer level because it is a different type of IELTS, nor was land registry docs submitted.

You also mention nothing about a current employer letter apart from contract from 2003, detailing your employment details etc. Anywayz by the tone of your defensiveness you are still in denial. I believe you were rightly refused.

It's all a ticking exercise for them. They have published what sort of documents they want on their guide FM-SE. Those that satisfy the requirement are approved and those that, are not. Those are refused unfairly can appeal.

In your case, you were rightly refused in my view - not because you don't meet the requirement, but because you failed to fully demonstrate that you meet it.

[ariamus]

London007 makes good points.

Don't mind but I would suggest you spend more time on reading the ample material on Gov.uk including Operational Guidance rather than suggesting how the rules are unfair/unclear and also how they can be cheated/forged!

Unfortuntely, rules are the rules and you simply have to comply if you wish to obtain a visa for your spouse.

Good luck in your application.