Refusal - Marriage Settlement Visa

[ga2019]

Hi guys,

After 3 months waiting I received a refusal letter for my Marriage Visa dated 5th October 2018.

We have passed in all requirements , but the assessor has concluded that my sponsor/fiancé does not meet the eligibility financial requirement on the basis that “he is a Director of a Specified Company” which he is NOT, and we didn't provide the documents necessary for Share-Holders for Specified companies, according to the Appendix FM-SE;

*** He is a director, but not a Share-holder***

A specified company under Appendix FM-SE paragraph 9(a) is:

9 (a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

This is a 3 stage test and paragraph (ii) is not applicable as my sponsor is NOT a shareholder, neither myself or any family members are shareholders.

Apart from that bizarre document they requested, that we would obviously didn't provide as he is not a share-holder... we have provided everything they needed Bank Statements/ PaySlips/ P60 and etc....

I need to come back to the UK as soon as possible as there is a risk I can miss my own wedding, so I would need some advice for the quickest route!

Should I just pay for a new application? And explain that has been a mistake on the first one? Where should I add this information?

If we do the appeal, can I have a refund considering I will be paying for a new application?

The reason we decided to go for a new application is because i think it would be quicker (paying for the priority) than waiting for the appeal, what do you guys think?

Thank you in advance

[ga2019]

Hi guys,

After 3 months waiting I received a refusal letter for my Marriage Visa dated 5th October 2018.

We have passed in all requirements , but the assessor has concluded that my sponsor/fiancé does not meet the eligibility financial requirement on the basis that “he is a Director of a Specified Company” which he is NOT, and we didn't provide the documents necessary for Share-Holders for Specified companies, according to the Appendix FM-SE;

*** He is a director, but not a Share-holder***

A specified company under Appendix FM-SE paragraph 9(a) is:

9 (a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

This is a 3 stage test and paragraph (ii) is not applicable as my sponsor is NOT a shareholder, neither myself or any family members are shareholders.

Apart from that bizarre document they requested, that we would obviously didn't provide as he is not a share-holder... we have provided everything they needed Bank Statements/ PaySlips/ P60 and etc....

I need to come back to the UK as soon as possible as there is a risk I can miss my own wedding, so I would need some advice for the quickest route!

Should I just pay for a new application? And explain that has been a mistake on the first one? Where should I add this information?

If we do the appeal, can I have a refund considering I will be paying for a new application?

The reason we decided to go for a new application is because i think it would be quicker (paying for the priority) than waiting for the appeal, what do you guys think?

Thank you in advance
Giovanna