Spouse visa refused need some advice for appeal

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Old Mar 12th 2018, 4:32 pm
  #16  
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Default Re: Spouse visa refused need some advice for appeal

still waiting for reply back but home office have taken payment of £140 from my account on 14th Feb does that mean it will be heard at a tribunal?

is there any way of finding what stage the application is at now as its becoming very stressful now and how long this appeal process can take ?

did expect to wait for around 8 weeks so just being patient as its start of the 5th week now
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Old Mar 12th 2018, 4:51 pm
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Default Re: Spouse visa refused need some advice for appeal

£140 for what exactly?
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Old Mar 16th 2018, 11:09 am
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Default Re: Spouse visa refused need some advice for appeal

£140 is cost of appeal to be heard at a tribunal which I was informed I had to pay if i was appealing the original decision
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Old Mar 16th 2018, 11:28 am
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Default Re: Spouse visa refused need some advice for appeal

£140 gets you an appeal with a hearing.
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Old Mar 19th 2018, 1:46 pm
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Default Re: Spouse visa refused need some advice for appeal

any idea on how long it could take?
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Old Mar 19th 2018, 1:47 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by samromar
any idea on how long it could take?
Do you not have legal representation?
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Old Jun 6th 2018, 9:48 am
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Default Re: Spouse visa refused need some advice for appeal

Guys,

I applied my spouse visa couple of times and UKBA rejected both times .

first application : - Applied in Sep 2017 (immediately after marriage (august 2017) and rejected in the month of October.

Second application : applied in November 2017 and rejected in the month of Dec 2017 .

So on second application I went to appeal in the month of Dec 2017.

I got notice of appeal from my lawyer in that letter I see appeal has been lodge on 21st December 2017 and on the letter I see date mentioned was on 9th March 2018. I mean letter was prepared and send by first tribunal on 9th March stating Appeal has been lodge on 21st Dec 2017 . I see this matter in the respondent section.

I called first tribunal last week June 1st 2018 they mentioned my application is still in review I need to hear them by June 22nd 2018. till now I didn't got any status any one facing the same issue.

Second application filed : 3rd Nov 2017
Declined by UKBA : 1st Dec 2017
Appeal lodged : 21st Dec 2017
Notice of Appeal (dated) : 9th March 2018
Tribunal mentioned UKBA will get back with some answer by June 22nd 2018.

any one with the more or less same dates?
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Old Jun 6th 2018, 12:53 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by nagakosuri1980
Guys,

I applied my spouse visa couple of times and UKBA rejected both times .

first application : - Applied in Sep 2017 (immediately after marriage (august 2017) and rejected in the month of October.

Second application : applied in November 2017 and rejected in the month of Dec 2017 .

So on second application I went to appeal in the month of Dec 2017.

I got notice of appeal from my lawyer in that letter I see appeal has been lodge on 21st December 2017 and on the letter I see date mentioned was on 9th March 2018. I mean letter was prepared and send by first tribunal on 9th March stating Appeal has been lodge on 21st Dec 2017 . I see this matter in the respondent section.

I called first tribunal last week June 1st 2018 they mentioned my application is still in review I need to hear them by June 22nd 2018. till now I didn't got any status any one facing the same issue.

Second application filed : 3rd Nov 2017
Declined by UKBA : 1st Dec 2017
Appeal lodged : 21st Dec 2017
Notice of Appeal (dated) : 9th March 2018
Tribunal mentioned UKBA will get back with some answer by June 22nd 2018.

any one with the more or less same dates?
what was the reason for refusal for the 2 times you applied?
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Old Jun 6th 2018, 2:01 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by uddin0
what was the reason for refusal for the 2 times you applied?
1st Time only one reason financial requirement has not been meet

2nd time : financial requirement has not been met and relationship requirement has not been met (second time relationship requirement has not been met its really strange same documentation I provided with update communication with my spouse)

both cases common rejection is finance(which is not at all problem)
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Old Jun 6th 2018, 2:04 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by nagakosuri1980
1st Time only one reason financial requirement has not been meet

2nd time : financial requirement has not been met and relationship requirement has not been met (second time relationship requirement has not been met its really strange same documentation I provided with update communication with my spouse)

both cases common rejection is finance(which is not at all problem)
can you scan exact wording on the refusal letter, because you didnt meet financial requirement.
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Old Jun 6th 2018, 2:23 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by uddin0
can you scan exact wording on the refusal letter, because you didnt meet financial requirement.
Eligibility.

1. Eligibility Relationship Requirement.
you dont met the eligibility relationship requirement of paragraph E-ECP 2.1 to 2.10
( No detailed explanation) only this line under Relationship requirement.

2.eligibility Financial Requirement.
you dont met the eligibility financial requirement of paragraph E-ECP 3.1 to 3.4.

your sponsor is not exempt from the financial requiremnts as defined by paragraph E-ECP3.3 . I am not able to take into account any potential employment you have avialble to you in the UK or any offers of financial support from third parties.

In order to meet the financial requirements of the rules , your sponsor need a gross income of at least 18,600 per annum
your sponsor fails under the self employment category . where the applicants partner (and/or the applicant if they are in the UK with the permission to work ) is in self-employment at the date of application, they can use income from the last full financial year to meet the financial requirements.

In order to qualify under theis categfory you sponsor must provide the following mandatory group of documents.

a. evidence of amount as payable for last financial year
b. (i) CT 600- provided
(ii) SA 300 / SA 302- provided
(iii) proof of registration with HMRC as self employed- provided
c. proof of registration with HMRC as self employed - provided
d. UTR - provided
(e) personal bank statements --- provided
(f) evidence of ongoing emplyment - provided

your sponsor has failed to provide all the specified evidence that he meets the income threeshold
I noted that he has provided the company business and personal bank statements from Feb 2016 - Dec 2017 , however he has not provided the bank statement does not cover the same 12 month period as CT600 .

As I provided more than 12 months period from Feb 2016 - October 2017 and the reason of the rejection is not fair . I approached 2-3 solicitors and all mentioned to go for appeal and wait for some time.

I submitted all the documents what they requested for in the UKBA site and still I dont know the reason.

3.eligibility of English Requirement - met

Last edited by nagakosuri1980; Jun 6th 2018 at 2:27 pm. Reason: adding few more points
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Old Jun 6th 2018, 2:39 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by nagakosuri1980
Eligibility.

1. Eligibility Relationship Requirement.
you dont met the eligibility relationship requirement of paragraph E-ECP 2.1 to 2.10
( No detailed explanation) only this line under Relationship requirement.

2.eligibility Financial Requirement.
you dont met the eligibility financial requirement of paragraph E-ECP 3.1 to 3.4.

your sponsor is not exempt from the financial requiremnts as defined by paragraph E-ECP3.3 . I am not able to take into account any potential employment you have avialble to you in the UK or any offers of financial support from third parties.

In order to meet the financial requirements of the rules , your sponsor need a gross income of at least 18,600 per annum
your sponsor fails under the self employment category . where the applicants partner (and/or the applicant if they are in the UK with the permission to work ) is in self-employment at the date of application, they can use income from the last full financial year to meet the financial requirements.

In order to qualify under theis categfory you sponsor must provide the following mandatory group of documents.

a. evidence of amount as payable for last financial year
b. (i) CT 600- provided
(ii) SA 300 / SA 302- provided
(iii) proof of registration with HMRC as self employed- provided
c. proof of registration with HMRC as self employed - provided
d. UTR - provided
(e) personal bank statements --- provided
(f) evidence of ongoing emplyment - provided

your sponsor has failed to provide all the specified evidence that he meets the income threeshold
I noted that he has provided the company business and personal bank statements from Feb 2016 - Dec 2017 , however he has not provided the bank statement does not cover the same 12 month period as CT600 .

As I provided more than 12 months period from Feb 2016 - October 2017 and the reason of the rejection is not fair . I approached 2-3 solicitors and all mentioned to go for appeal and wait for some time.

I submitted all the documents what they requested for in the UKBA site and still I dont know the reason.

3.eligibility of English Requirement - met
it seems like u didnt provide proof of relationship, like photos, chat history. also they didnt accept your self employment for some reason..
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Old Jun 6th 2018, 2:54 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by uddin0
it seems like u didnt provide proof of relationship, like photos, chat history. also they didnt accept your self employment for some reason..
Hi I provided original photos, whats-app chat history , original marriage certificate and money sending to my spouse for family maintenance. Samething they accepted for first applciation.

self employment : after my first application refusal they mentioned documents like SA 302 and PAYE missing document in the rejection letter .

Based on first rejection letter ; I went through each point step by step and gather all documents from HMRC and from my accountant and paid taxes before deadline and attached the receipts and send it to UKBA...

and same rejection letter . I think they might copied and paste it matter from first application.

anyway I'm going to hear the exact reason why they rejected as I opted for on-hearing appeal.

As far as I know I didn't make any mistakes as we already know each application cost 3,000£ which I spent twice , so I dont want to put more money , before applying I consult the documentation with 2 solicitors in London both are really good ( First Migration and Loyal immigration) each charged hell lot of money.

I will waiting anyway to know why they have rejected in spite of serious efforts.

I m looking here if anyone with the same dates then I may check the status of appeal as UKBA immigration process is not at all transparent .

I wish I may find some one in the same situation
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Old Jun 6th 2018, 9:01 pm
  #29  
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Default Re: Spouse visa refused need some advice for appeal

How does one show evidence of whatsapp messages, can screenshots printed on paper suffice?
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Old Jun 6th 2018, 9:17 pm
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Default Re: Spouse visa refused need some advice for appeal

Originally Posted by Ramoni
How does one show evidence of whatsapp messages, can screenshots printed on paper suffice?
Whatsapp export chat history option
that will provide chat history in the zip file send it to your email and unzip it and take the printout from word document .
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