Settlement Visa Refused - Pre Action Protocol?

[MacacoPrego]

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.

Oh dear. Not much attention to detail Mr Londoner. I stated the contract of employment was from May 2018. And it stated my period of continual employment started in 2003... Maybe you should work as an ECO with that level of attention to detail?

Yes I have said I was naive to think the B1 General Training certificate was sufficient. IELTS said they thought it was, I thought they would know. They didn't. My mistake, and I'm more than happy to admit it.

Regarding the 'list of required documents' on the FM-SE. Yes I did read it of course, and it's not a list of required documents, it's a list of suggested documents. I suggest you look! None of them are mandatory. For example, Accommodation Details says:-

This could include:
Land Registry documents
mortgage statements
rent book or tenancy agreement
council tax statements
property inspection report
utilities bills
accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there


Anyway, I've added Land Registry Documents to the list now too, I'm sorry I can't provide a rent book or a tenancy agreement.

It's all a ticking exercise for them.

Exactly my point too. I'm glad we agree. Unfit for purpose and not setting out to achieve the objective it was designed to do, which is to stop bogus or false claimants, and those who will need recourse to public funds.

In your case, you were rightly refused in my view

Whatever. Without seeing our application and all the other documents I submitted (which I didn't want to bore anyone with here) it takes a special kind of presumptuousness to come to that conclusion. Judging by your number of posts though I can see this is a kind of hobby for you, and such individuals tend to want to have the last word, so be my guest. Ciao.

For the others, thanks for your advice, and I hope those of you who are applying out of genuine love will be together with your loved ones soon!

[Londoner007]

I still stand by my opinion you were rightly refused, am not a ECO so can only say in my opinion and its nothing to do with last words. You were advised by me foremost to re-apply, but going by your defensiveness you will continue to be in denial that your application was shambles and weak.

Such an irony that someone who can fly 1000's miles a day cannot fly their spouse to them.

All the best.

[bathanza]

Just to add to this post: if you have been given a promotion within the last 6 months and therefore your monthly payment has increased, supply the last 12 months of payslips and statements.

Include in your cover note as to you have continuous employment since 2003 and for completeness, a full years statement is available to cover ground.

Highlight your salary deposits with a marker and ENSURE you cover any other payments from your job as expenses as just that to cover any ambiguity.

Side note: Entry Clearance is a tick box exercise and unfortunately many do end up spending a needless amount of time and money apart from their spouses if one document is not in order.

The rules are rules, irrespective of how much you earn how or what sort of accommodation you live in.

RE: migrants who overstay
A life of hostility and not being able to work, rent, have a bank account is NO life for a migrant to chooses to overstay if they visit the UK (And have no recourse to public funds and face detainment, deportation and a ban.)

You're doing the best thing bringing your wife over in the right way.

Welcome to the world of annoyance when it comes to UKVI rules. I lobby all levels of government to complain about abhorrent decisions and wait times.

I suggest you do the same with your local MP if you want to make a change.

[TanJL]

I appreciate that some of the requirements seem stupid & you're right some documents could be easily falsified but the employers letter is a required document as per FM-SE (see below). An employment contract is not deemed sufficient by UKVI. Just thought I would mention it as you seemed to say above that you thought it had just been suggested on the forums but without it a new application could fail.
It's upsetting to have an application rejected, we've all been through separation with our partners and had to jump through hoops to get them to the UK but the sole purpose of UKVI is not to ruin your life. It's best to not hold onto the frustration, just focus and move on to making sure your next application meets all the requirements. It seems that your application had the wrong IELTS test & no employers letter so start by getting those things sorted.
The issue with the divorce documents seems specific to certain jurisdictions; do you have photocopies of the divorce certificates? Perhaps you could include something from a Brazilian official just explaining the procedure of retaining divorce certificates or just drawing the ECOs attention to this situation,

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.