walyed

Hi,

Today the spouse visa for my wife application was rejected as they suspected my second job and believe false information has been submitted which isn't true as HRMC showes it as tax paid. I'm in a dilemma now do I appeal or do I just reapply under both cat B and D combined.

I'm worried If I reapply they'll think that they were right and ban my wife. Can I please ask for some advice

spouse of scouse

Sorry to hear about the rejection. If you are able to post the wording of the rejection letter here forum members might be able to offer some guidance (don't forget to remove all personal details)

walyed

They mainly believe that I'm not employed at the second job therefore believe that false information has been submitted with the application.


The wording of the 5th paragraph worries me


The wording of the 5th paragraph worries me

Pulaski

I think the whole page should worry you, as they clearly don't think you have a "proper job" at all, and if their summary of your application and supporting documentation is anywhere close to a fair summary of the recruitment process, your working arrangements, and the tasks you perform, then I am inclined to agree with them.

christmasoompa

Seems they've been pretty tough on you - and normally I think they get these decisions right. That's hardly a large salary for that kind of job (if anything, I'd say it's far too low - call it an Executive Assistant role and the same duties would be £20-30ph!), the recruitment process is perfectly normal for that kind of role, and again working evenings/weekends is perfectly normal too. I worked from home as a private PA for years and nothing in there would lead me to believe it's a fraudulent job, with the possible exception of taking minutes in the evenings - but perhaps that's when the meetings were?

I don't know if you can appeal or not, but I wish you the best of luck with it if you do.

walyed

If I make another application using the unsuspected job with cat B and cat D and excluding the suspected job using priority service would it be impact the new application in your opinion

SanDiegogirl

+ 1 agree....... if one looks up Supply 4 Demand Ltd - it's a one man band run from a terraced house in Birmingham; one that would hardly require any sort of admin assistant. The 'job' was created for a family friend.

SanDiegogirl

Well you've got a refusal on your record based on the Immigration Rules S-EC 2.2 (a)

S-EC.2.2. Whether or not to the applicant's knowledge- (a) false information, representations or documents have been submitted in relation to the application (including false information submit

The above will be taken into consideration for any further applications.

christmasoompa

SanDiegogirl

.... and so they might be..... but obviously the OP did not show any evidence which convinced the ECO that the job was genuine.

BEVS

Let's suspend making judgement calls please as we really do not & cannot know.

By way of appeal policy, what further can be submitted to show the job is genuine ?

To the OP: Tax records themselves are not enough to show genuine employment. It more usually needs to be something more tangible & formal along the lines of proving someone did the job previously before you. That company records can show this. That the pay is the 'going rate'. That it was advertised.

christmasoompa

Quite possibly, but the letter gives a bunch of reasons which would apply to any private PA (other than the salary, which unlike the immigration officer, I think is far lower than it would normally be - but I'm comparing this to wages in the South East where it'll be triple that).

All of that would definitely help. If I were the OP, other things I could think of would be proof of the actual work - i.e. print outs of emails showing he has been working there for the time claimed. If he's worked remotely there must be tons of those. Proof of attending meetings where he took minutes (he must have travel tickets or car parking receipts for his expenses and tax records). Proof of phone calls, not sure what the guy he works for needs an assistant for, but let's say for example it was because he's a landlord with lots of properties - so proof of phone calls to/from his tenants would help. He could show his timesheets and invoices. He could show his expenses claims. Job contract if not already supplied. Perhaps affidavits from people that he's worked with in the role i.e. whoever he's been in contact with on behalf of his boss. Copy of his Linked In profile showing the job, or any other website/social media network. Proof of him having done a similar role before. Etc, etc.

Not sure if an appeal is possible, but if the job is genuine and the OP has been doing it for at least the past six months, there should be plenty of proof available showing he's been working there.

spouse of scouse

Applicants who've had a previous refusal are generally advised not to use the priority service, their application will be subject to closer scrutiny which will result in longer processing so the benefit of paying for priority would be lost.

I can't advise on whether you should appeal or not, but be aware that an appeal is only likely to be successful if the ECO did not apply the immigration rules correctly based on the information/evidence provided at the time. If you are unable to provide evidence that the discrepancies pointed out by the ECO in your refusal letter are not valid, then if I were you I wouldn't appeal.

If you and your partner meet all the requirements and can provide evidence of this then you can submit a new application at any time, as said above the impact of the previous refusal would be that the application would likely take longer to process.

bookerw100

Just to add to that though, I have seen cases where an applicant applying with priority second time due to rejection has received their results relatively quickly after paying priority the second time. So if you can afford it, I would go for priority even with your second application.

spouse of scouse

I don't doubt that, however UKVI/VFS Global advises applicants that if they've had a previous refusal then their application will be considered as 'not straightforward', so may not be processed within priority service guidelines. As always, it's up to the applicant to choose.