Fiance visa refusal due to no 2 year cohabitation

[AnnaSh]

We submitted bills sent to the same address, pictures from different places, including with our friend and his parents, our trips together in Australia including air tickets, confirmations from hotels that we have stayed together, what’s up and messenger scrinshots,our communication when he was away for work.

Did you submit wedding plans? Like correspondence with venue or rings receipts?

Yeah of course, we submitted the wedding provisional booking which is by the way due in a week

[Katie_France]

Did you submit wedding plans? Like correspondence with venue or rings receipts?

Yeah of course, we submitted the wedding provisional booking which is by the way due in a week

1) Try to find out through MP their explanation
2) both of you should write complaints to UKVI (you will get the response that they cannot accept your complaint because you applied outside U.K.)
3) MP will refer your case to ombudsman

All that takes enormous amount of time. Only you two can evaluate what’s better for both of you. For us time is precious.

[AnnaSh]

Did you submit wedding plans? Like correspondence with venue or rings receipts?

Yeah of course, we submitted the wedding provisional booking which is by the way due in a week

1) Try to find out through MP their explanation
2) both of you should write complaints to UKVI (you will get the response that they cannot accept your complaint because you applied outside U.K.)
3) MP will refer your case to ombudsman

All that takes enormous amount of time. Only you two can evaluate what’s better for both of you. For us time is precious.

Katie, our solicitor already sent them an email and we didn’t hear a single word from them back. And our law firm is confident us was an error made by incompetent COE

[Katie_France]

AnnaSh,
Don’t rely only on the solicitor.

As I said it takes enormous amount of time. To understand real reason for refusal took 4 letters from our MP, and they respond within 3-4 weeks to MP.

Complaint from solicitor is not enough. HO brushes off even MPs now, imagine what they do with solicitors.

[Ballmigirl17]

Did you submit wedding plans? Like correspondence with venue or rings receipts?

Yeah of course, we submitted the wedding provisional booking which is by the way due in a week

1) Try to find out through MP their explanation
2) both of you should write complaints to UKVI (you will get the response that they cannot accept your complaint because you applied outside U.K.)
3) MP will refer your case to ombudsman

All that takes enormous amount of time. Only you two can evaluate what’s better for both of you. For us time is precious.

Yes I second this, exactly what I did and eventually they agreed to review.

Our solicitors request for a reconsideration was not acknowledged either.

They fobbed my MP off with rubbish like oh we cant review a decision outside of appeal procedures, but i managed to do it by myself in 2 weeks. Although we haven't had a decision on the review yet we are currently chasing it as it has been over one month now.

When you make a complaint directly to the home office - they might refuse to speak with you because your out of country, at that point call the parliamentary and health ombudsman they will able to advise. Or alternatively tell the home office you have already spoken with ombudsman... it may make a difference as they sneakily try to avoid following their own procedures.

As far as I am aware the fiance visa has no time limit on how long you should have live together - as long as you have met. therefore their decision contains an error of law and needs to be challenged. It may be they overturn at the appeal review stage. I hope they do, i wouldn't wish anyone to go through this pain


If you need any help to structure an email to them i am more than happy to help xx

[AnnaSh]

AnnaSh,
Don’t rely only on the solicitor.

As I said it takes enormous amount of time. To understand real reason for refusal took 4 letters from our MP, and they respond within 3-4 weeks to MP.

Complaint from solicitor is not enough. HO brushes off even MPs now, imagine what they do with solicitors.

Guys if you were to complain where would you post/send/email/call to?

[Katie_France]

Guys if you were to complain where would you post/send/email/call to?

Both of you should send a complaint to complaints@homeoffice.gsi.gov.uk, because you are outside of the UK, and he is inside. Only after their refusal to review your complaint ombudsman will review your case. You should refer to Minor Misconduct. ECO breached professional conduct and demonstrated poor professionalism.

[Ballmigirl17]

https://www.gov.uk/government/organisat ... -procedure

All details are on here

complaints@homeoffice.gsi.gov.uk is the email i sent complaint too

Is the email i send to, but you have to wait 20 days for response - thats the only downfall i have calculated they usually reply on 17th day.


Ombudsman details: https://www.ombudsman.org.uk/


also more recently i found this page too but again 20 days to respond: https://eforms.homeoffice.gov.uk/outrea ... aints.html

I would send complaints to both.

Hope this helps x

[Katie_France]

also more recently i found this page too but again 20 days to respond: https://eforms.homeoffice.gov.uk/outrea ... aints.html

That is really new, I didn't see it before.

[Ballmigirl17]

also more recently i found this page too but again 20 days to respond: https://eforms.homeoffice.gov.uk/outrea ... aints.html

That is really new, I didn't see it before.

Yeah I thought so too, I only came across it yesterday

I suppose the home office are getting annoyed with people outside of UK complaining to them so they had to create something for applicants in other countries.

[Katie_France]

I suppose the home office are getting annoyed with people outside of UK complaining to them so they had to create something for applicants in other countries.

So they can just send all our complaints to the spam folder immediately

[Ballmigirl17]

I suppose the home office are getting annoyed with people outside of UK complaining to them so they had to create something for applicants in other countries.

So they can just send all our complaints to the spam folder immediately

Possibly, I sent another complaint there yesterday well a complaints review of the original complaint (well its from my fiance so they think....) i will let you know the outcome if i ever get one!

[Casa]

However, based upon the information and / evidence you have provided we are satisfied that the minimum income requirement is not met , and we have decided that you do not meet the financial requirement under paragraph E-ECP 3.1 to E-ECP 3.4 of appendix FM.
/quote]

There appears to be an issue with meeting the minimum income level of £18,600 p.a. What financial evidence did you submit

[AnnaSh]

However, based upon the information and / evidence you have provided we are satisfied that the minimum income requirement is not met , and we have decided that you do not meet the financial requirement under paragraph E-ECP 3.1 to E-ECP 3.4 of appendix FM.
/quote]

There appears to be an issue with meeting the minimum income level of £18,500 p.a. What financial evidence did you submit

We are way beyond minimum requirements for fiancée visa but I don’t work so if they were considering my application as a partner visa then it is correct what they say.

[AnnaSh]

also more recently i found this page too but again 20 days to respond: https://eforms.homeoffice.gov.uk/outrea ... aints.html

That is really new, I didn't see it before.

Thanks girls x
Gonna write something )

[Casa]

However, based upon the information and / evidence you have provided we are satisfied that the minimum income requirement is not met , and we have decided that you do not meet the financial requirement under paragraph E-ECP 3.1 to E-ECP 3.4 of appendix FM.
/quote]

There appears to be an issue with meeting the minimum income level of £18,500 p.a. What financial evidence did you submit

We are way beyond minimum requirements for fiancée visa but I don’t work so if they were considering my application as a partner visa then it is correct what they say.

It is mandatory to meet the same income level for a fiance visa as you would for a spouse or unmarried partner application. I've read through your thread again and your circumstances are unclear. In order to help you further, can you clarify the following:
1. Who is the sponsor and who is the applicant?
2. Does the sponsor have settled status in the UK (PR, ILR or British citizenship)?
3. Is the sponsor employed in the UK and meeting the £18,600 p.a earnings level, or do you have £62,500 in savings (singly or jointly)

Bear in mind that the applicant's income will not qualify for a fiance visa.

[AnnaSh]

However, based upon the information and / evidence you have provided we are satisfied that the minimum income requirement is not met , and we have decided that you do not meet the financial requirement under paragraph E-ECP 3.1 to E-ECP 3.4 of appendix FM.
/quote]

There appears to be an issue with meeting the minimum income level of £18,500 p.a. What financial evidence did you submit

We are way beyond minimum requirements for fiancée visa but I don’t work so if they were considering my application as a partner visa then it is correct what they say.

It is mandatory to meet the same income level for a fiance visa as you would for a spouse or unmarried partner application. I've read through your thread again and your circumstances are unclear. In order to help you further, can you clarify the following:
1. Who is the sponsor and who is the applicant?
2. Does the sponsor have settled status in the UK (PR, ILR or British citizenship)?
3. Is the sponsor employed in the UK and meeting the £18,600 p.a earnings level, or do you have £62,500 in savings (singly or jointly)

Bear in mind that the applicant's income will not qualify for a fiance visa.

My fiance is a british citizen and he is my sponsor.
He meets the income requirement about 10 times of the minimum income level. I have quit my job by then as we were about to leave Australia and enter the UK. so have said that i don't work.

[AnnaSh]

also more recently i found this page too but again 20 days to respond: https://eforms.homeoffice.gov.uk/outrea ... aints.html

That is really new, I didn't see it before.

Yeah I thought so too, I only came across it yesterday

I suppose the home office are getting annoyed with people outside of UK complaining to them so they had to create something for applicants in other countries.

This worked well for me as I was applying from Australia!
Just sent one complain to this web address, lets see where it will bring us

[Casa]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

[AnnaSh]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary

[AnnaSh]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary.
And in the eligibility financial requirement it says that we meet the financial requirements (in the beginning)

[Casa]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary

Did you submit the mandatory corresponding pay slips?

(bb) Payslips must be:
(i) original formal payslips issued by the employer and showing the employer’s name; or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;

https://www.gov.uk/guidance/immigration ... d-evidence

[AnnaSh]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary

Did you submit the mandatory corresponding pay slips?

Also payslips for a year

[Casa]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary

Did you submit the mandatory corresponding pay slips?

(bb) Payslips must be:
(i) original formal payslips issued by the employer and showing the employer’s name; or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;

https://www.gov.uk/guidance/immigration ... d-evidence

I added to my previous post - see above

[AnnaSh]

So if your husband earns around £180,000+ p.a you haven't confirmed what documented evidence of your sponsors income was submitted which has led the ECO to believe that it has failed to meet the minimum earnings level.

We submitted bank statements with salary coming into account for a whole year and as he is being transferred to London to work for the same company we also submitted his work contract that states his new salary and also the letter of employment from his new job in London with new occupancy and annual salary

Did you submit the mandatory corresponding pay slips?

(bb) Payslips must be:
(i) original formal payslips issued by the employer and showing the employer’s name; or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;

https://www.gov.uk/guidance/immigration ... d-evidence

I added to my previous post - see above

All of it was submitted with the application