British Expats

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-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Spouse visa-savings statement (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/spouse-visa-savings-statement-925579/)

Faraway1234 Jun 8th 2019 8:01 am

Spouse visa-savings statement
 
Me and my wife applied for a spouse visa on 29th February and biometrics were done on 4th February. We still have not received a decision. (85th working day)
We relied on savings which were more than £62,500. The cash is held in a current account and a savings account in my name only. We provided 6 months statements for the current account from 1st August till 31st January. The current account is also where my salary deposited. This is all fine.
However, i have just realised that there may be a problem with the savings account statement provided. The statement is dated from 1st August till 17th January. This is two weeks short of end of the month. Will this be a issue? If anyone can help, it would me most grateful.
Thanks

BritInParis Jun 9th 2019 10:50 am

Re: Spouse visa-savings statement
 
Two problems: your bank statements don’t cover the required six month period and your last statement was more than 28 days old when you applied.

Faraway1234 Jun 9th 2019 10:54 am

Re: Spouse visa-savings statement
 
Thanks for the reply. Sorry i was mean’t to type 29th January. That was the online application date and biometrics on 4th February.

BritInParis Jun 9th 2019 3:07 pm

Re: Spouse visa-savings statement
 
Then you still have the first issue - providing evidence that you have held the funds for five and a half months rather than six.

Faraway1234 Jun 26th 2019 7:31 pm

Re: Spouse visa refused-employee of ltd company
 
Hi,
My wife's spouse visa was refused as i did not provide documents under paragraph 9b. My parents are directors of a Ltd company i work for. Also the ECO said my employment was not genuine as there was differences in the answers regarding my employment, in the interview. I believe this was not the case and i can provide them the documents they ask for.

Can i submit new documents as part of my appeal? I had these documents on the date of application.

Also, do the home office review the application before going to court? If so, how long does it take and will they notify me of the review decision?
Hope someone can help. Thanks.

OSJG Jun 30th 2019 12:02 am

Re: Spouse visa-savings statement
 
I hear an appeal only succeeds if you have included everything at the time of submitting the application. If the omission came from you an appeal is less likely to be successful. In such cases a fresh application is advised

SanDiegogirl Jun 30th 2019 12:11 am

Re: Spouse visa refused-employee of ltd company
 
Presuming you applied as a standard employee and not as employee of Limited specified company , then you have been rightly refused.

The ECO could have requested additional documents, if they would have made a substantial difference to your application; the fact you were not asked for them, together with the doubt as to it being genuine employment (parents employing their offspring is always a red flag) leads one to believe that an appeal would not be successful.

An appeal would take the best part of a year.

https://www.gov.uk/immigration-asylum-tribunal

Faraway1234 Jun 30th 2019 7:44 am

Re: Spouse visa-savings statement
 
The documents under paragraph 9b were in possession of my employer at the time of applying. They were not created after. I did not know that they were part of the requirements. Is this ok?
Also to prove my employment is genuine, i will wrote a detailed explantation of my job role. The difference in the interview answers regarding my job role made them think my job is non-genuine.

BritInParis Jul 2nd 2019 8:16 am

Re: Spouse visa-savings statement
 
Your best course of action would be to reapply and address the issues raised in the refusal notice.

Faraway1234 Jul 2nd 2019 8:31 am

Re: Spouse visa-savings statement
 

Originally Posted by BritInParis (Post 12705415)
Your best course of action would be to reapply and address the issues raised in the refusal notice.

They claim my employment is non genuine so how can i reapply.
I also have savings of above £62,500 for at least six months. My salary is paid into the account which i’ll show. If i just apply through savings will the ECO loom at my previous application and bring my employment back on question?
I showed these savings in this application as well which was refused.

christmasoompa Jul 2nd 2019 8:34 am

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705420)

They claim my employment is non genuine so how can i reapply.
I also have savings of above £62,500 for at least six months. My salary is paid into the account which i’ll show. If i just apply through savings will the ECO loom at my previous application and bring my employment back on question?
I showed these savings in this application as well which was refused.

Your employment won't be relevant if you apply under the savings category - just as the savings weren't relevant when you applied using your employment. You need to choose which category to apply under and provide all the required evidence for it, if you have the requisite amount of savings then that seems the simplest option to me.

Faraway1234 Jul 2nd 2019 8:48 am

Re: Spouse visa-savings statement
 
https://cimg4.ibsrv.net/gimg/british...fe8ccd969.jpeg
Refusal letter. It says they cannot be satisfied by savings. Will they look at employment from this application?

christmasoompa Jul 2nd 2019 8:50 am

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705426)

Refusal letter. It says they cannot be satisfied by savings. Will they look at employment from this application?

Apologies, I thought you'd applied using employment this time. That's not good then, having that amount of savings from employment is very impressive, but if they're not convinced it's from genuine employment then I think it may be time to consult a lawyer and see how you can overcome this. Unless BiP has any pearls of wisdom to chuck your way, that's what I would do.

BritInParis Jul 2nd 2019 10:25 am

Re: Spouse visa-savings statement
 
If you have savings of £62,500 then why mention your employment at all? What category did you apply under?

Faraway1234 Jul 2nd 2019 10:39 am

Re: Spouse visa-savings statement
 
The solicitor who applied for us did not advise us properly. We applied under Cat A and D. After the refusal i have realised that savings and income cannot be combined if im working for a specified limited company. Also i should have applied under Cat F and G.
I should have just applied under Cat D.

BritInParis Jul 2nd 2019 12:45 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705461)
The solicitor who applied for us did not advise us properly. We applied under Cat A and D. After the refusal i have realised that savings and income cannot be combined if im working for a specified limited company. Also i should have applied under Cat F and G.
I should have just applied under Cat D.

Yep, except now the source of your savings has been called into question. Unfortunately yours is a classic example of paying a solicitor to screw up a perfectly simple application.

Faraway1234 Jul 2nd 2019 1:04 pm

Re: Spouse visa-savings statement
 
Ive spoken to a reputable solicitor who has advised me to appeal the allegation that my employment is not genuine. She has said applying again on savings will result in a refusal due to the employment not being genuine. She said the judge knows the law and i have not done anything wrong. This will result in the judge granting my wife her visa. She also added my wife will be granted her visa under the 10 year route.

BritInParis Jul 2nd 2019 2:58 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705538)
Ive spoken to a reputable solicitor who has advised me to appeal the allegation that my employment is not genuine. She has said applying again on savings will result in a refusal due to the employment not being genuine. She said the judge knows the law and i have not done anything wrong. This will result in the judge granting my wife her visa. She also added my wife will be granted her visa under the 10 year route.

Sounds like she wants to take you for a ride for the next ten years.

Faraway1234 Jul 2nd 2019 4:16 pm

Re: Spouse visa-savings statement
 
The best option i think is to reply under Cat D and also to provide detailed information regarding my employment and job role. I will also provide documents under para 9. I will strongly state in the application that i am applying under savings and the reason for the extra documents is due the previous refusal.

SanDiegogirl Jul 2nd 2019 4:29 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705628)
The best option i think is to reply under Cat D and also to provide detailed information regarding my employment and job role. I will also provide documents under para 9. I will strongly state in the application that i am applying under savings and the reason for the extra documents is due the previous refusal.

NO,,,, if re-applying under Savings only, you do NOT send documents relating to your employment. This is not necessary, You DO have to show how you obtained the savings.
Your application has to show clearly that you are applying under savings route only.

If the savings are a gift from your parents then they have to provide a letter stating as such. If the savings are actually savings from employment then you show bank statements to show their build up.

Note: Your new solicitor is also giving you bad advice There is NO 10 year route for initial entry visa..... you either qualify or you don't. If you don't qualify under financial requirements you are refused.

Faraway1234 Jul 2nd 2019 4:42 pm

Re: Spouse visa-savings statement
 

Originally Posted by SanDiegogirl (Post 12705641)
NO,,,, if re-applying under Savings only, you do NOT send documents relating to your employment. This is not necessary, You DO have to show how you obtained the savings.
Your application has to show clearly that you are applying under savings route only.

If the savings are a gift from your parents then they have to provide a letter stating as such. If the savings are actually savings from employment then you show bank statements to show their build up.

Note: Your new solicitor is also giving you bad advice There is NO 10 year route for initial entry visa..... you either qualify or you don't. If you don't qualify under financial requirements you are refused.

I understand what you are saying but my employment has been claimed to be non-genuine. So i think i’ll need to prove its genuine even though i’ll be applying on savings.

Faraway1234 Jul 2nd 2019 4:49 pm

Re: Spouse visa-savings statement
 
The solicitor said that when successful, the judge only grants visa under the 10 year route.

SanDiegogirl Jul 2nd 2019 7:57 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705658)
The solicitor said that when successful, the judge only grants visa under the 10 year route.


Never heard of this for initial entry applications........

SanDiegogirl Jul 2nd 2019 8:00 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705654)


I understand what you are saying but my employment has been claimed to be non-genuine. So i think i’ll need to prove its genuine even though i’ll be applying on savings.


If you are applying using savings only (ie. you have 62,500 GBP in hand) you do not have to show any employment..... you could be unemployed now and unemployed when your wife arrives.
I understand you are trying to prove your employment is genuine, but, personally, I think you are only digging a bigger hole for yourself.

Faraway1234 Jul 3rd 2019 6:00 am

Re: Spouse visa-savings statement
 
My salary is paid into one of the accounts which i’ll be showing as savings. This is why im thinking to prove that my employment is genuine.

Faraway1234 Jul 3rd 2019 9:20 am

Re: Spouse visa-savings statement
 

Originally Posted by BritInParis (Post 12705581)
Sounds like she wants to take you for a ride for the next ten years.

What makes you say this? When an appeal is successful is the visa given under the 5 or 10 year route?

BritInParis Jul 3rd 2019 11:45 am

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12705955)
What makes you say this? When an appeal is successful is the visa given under the 5 or 10 year route?

If you applied under the five year route then a successful appeal based on the premise that you do in fact meet the financial requirements would see you granted a spouse visa under the five year route.

Take SanDiegogirl’s advice.

Faraway1234 Jul 3rd 2019 12:02 pm

Re: Spouse visa-savings statement
 

Originally Posted by BritInParis (Post 12706000)
If you applied under the five year route then a successful appeal based on the premise that you do in fact meet the financial requirements would see you granted a spouse visa under the five year route.

Take SanDiegogirl’s advice.

Thats what I originally thought.

If you look at the refusal letter it says “As I am satisfied this employment is non-genuine(see above), I cannot be satisfied by the source of your sponsor cash saving funds”.

This is why im thinking to prove my employment is genuine and the salary which makes up half of my savings is from a genuine source.

BritInParis Jul 3rd 2019 12:05 pm

Re: Spouse visa-savings statement
 

Originally Posted by Faraway1234 (Post 12706011)
Thats what I originally thought.

If you look at the refusal letter it says “As I am satisfied this employment is non-genuine(see above), I cannot be satisfied by the source of your sponsor cash saving funds”.

This is why im thinking to prove my employment is genuine and the salary which makes up half of my savings is from a genuine source.

You’ve really made a rod for your own back by mentioning your employment at all but there’s nothing you can do now to change that. I would reapply using cash savings and declare the source on your Appendix 2 as that is all you are required to do. If your ECO wants more information then they can request it.

SanDiegogirl Jul 3rd 2019 3:04 pm

Re: Spouse visa-savings statement
 
How are you going to show the source of your savings?

Faraway1234 Jul 3rd 2019 5:05 pm

Re: Spouse visa-savings statement
 

Originally Posted by SanDiegogirl (Post 12706118)
How are you going to show the source of your savings?

I’ll provide P60 and HMRC records since 2012 to show i’ve been earning since then and all my savings has been declared. My employment began in 2012. I’ll also give documents for the shares which were withdrawn last year.


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