Spousal Visa Refusal - Need a bit of help

[jakefffff]

Hello everyone, I am an american living in the UK for 2 months now with my wife.
We recently applied for our spousal visa and the results came back today with a refusal stating that my wife does not make enough a year. We sent 12 months worth of payslips along with her p60 and bank statements showing that she made a little over 19,000 pounds a year.

However the home office disregarded this and took the last 6 payslips she had, added them all up, and multiplied that number by 2. Putting us under the limit by 380 pounds. The problem with this method is that my wife get's paid 13 times a year every 28 days. They tallied from 05/01/18 - 25/05/18 which is less than 5 and a half months. Her payslip before that was on 08/12/17 which is well within a 6 month period..168 days to be exact...multiply that by 2 and you get 336(the shortest year in the history of the earth).

So you can imagine my extreme frustration with their incompetence on this one. They also mangled our marriage certificate a bit. Anyway enough of that, I just have a few questions for any one that may know as I want to make sure I get this done correctly and done as soon as possible...

I got confused by another thread on another forum saying that it was quicker to have the ECM review it or something, rather than a full blown appeal which I guess takes over a year. So hoping someone could clarify and explain it to me as I haven't a clue what I'm doing. Thanks!!

TL/DR : Home office doesn't know how to do math, refused me, and need to know quickest way to appeal.

[CR001]

If you are in the UK, what visa do you currently hold??

Where did you submit your spouse visa application??

Did you/she make it very clear in your application that she is paid 4 weekly and included x amount of payslips to cover the relevant period??

[jakefffff]

I'm on my visitor visa currently. We submitted it over the internet. All it said that was required was 12 months worth of payslips, the p60 was optional but we sent it anyway. If they had added up all the payslips we sent them they would have gotten over 19,000 pounds. But no we did not state that because it was obvious.

[CR001]

We submitted it over the internet.

So what application form did you submit over the internet, was it FLR(M), and on what date?? You need to provide more detail please. As a visitor in the UK, you are not able to switch to another visa category.

All it said that was required was 12 months worth of payslips, the p60 was optional but we sent it anyway. If they had added up all the payslips we sent them they would have gotten over 19,000 pounds. But no we did not state that because it was obvious.

It might be obvious to you but not necessarily to everyone as 4 weekly pay is not the norm in the UK. It is usually mainly the retail sector that this is applicable to. You should have stated the 13 payslips clearly.

[jakefffff]

Right, well they don't specify there formula of (last 6 slips regardless of date) x 2 = annual income. January to April is 5 months. They just ask for 12 months of payslips and a p60(which I guess is pointless since they completely disregarded the p60.) So yeah forgive my ignorance but no one told me a year to the home office is 11 months. It was a FLR(M) on June 6 2018. We sent the council tax bill, our passports, pictures of us and texts showing we aren't a sham marriage, her birth certificate, bank statements, all 13 of her payslips for the year, a p60, and a letter from her employer signed saying she made more than enough. I also got the refusal letter today.

[jakefffff]

I apologize if I'm being a little rude here as well, I've been trying to find information for almost 5 hours now, me and my wife are super stressed because we thought I'd be able to work here soon, living off one income is super stressful as it is. I just want some help, I know it was just a mistake from whoever refused it and I'm sure that's how they are trained to do things. I just can't imagine having to wait another year to work in the uk or possibly be deported and seperated from my wife who I love very much. So thank you in advance for any advice or help you can offer.

[Casa]

As CR001 has already mentioned, you are unable to switch from a visitor visa to Spouse FLR(M) from within the UK .This is regardless of whether your wife meets the minimum income requirement.

You need to submit a Spouse Settlement visa - VAF4a from your home country.

[CR001]

You cannot apply for a spouse visa while in the UK on a visitor visa.

You need to apply from the US, form VAF4A and Appendix FM.

Yes you are being a bit rude. An unusual pay cycle needs to be pointed out very clearly. There have been members with the same 28 day pay cycle who have been successful, they just made the pay cycle very clear to HO.

I will leave others to comment further why you should have made it very clear about the pay cycle. So regardless of whether HO mis-calculated, you are not able to apply on FLR(M) in the UK if you are here as a visitor and not sure why you thought this was possible or who told you that you could.

[jakefffff]

Look I was an mule and I do apologize, obviously I'm having a pretty bad day here. I do appreciate the help.

[jakefffff]

So I'm basically out 1000 pounds now? Do I have any realistic options of possibly appealing this, or some way to transfer it over to the correct form?

[jakefffff]

Wait if what you are telling me is true why doesn't it mention it all ?
https://www.gov.uk/uk-family-visa/partner-spouse
This is where I went through to apply.

It mentions nothing of having a visa in the country to begin with. I don't understand why I'm just finding out about it now.

[CR001]

So I'm basically out 1000 pounds now? Do I have any realistic options of possibly appealing this, or some way to transfer it over to the correct form?

Yes and unlikely and no. FLR(M) would be the correct form if you were permitted to change visa categories but you do not hold a visa category that permits changing visas within the UK.

You should return to the US and lodge a spouse visa application there which is the correct process. You will have to pay the visa fee again, which is more from outside the UK plus the Immigration Health Surcharge.

[CR001]

Wait if what you are telling me is true why doesn't it mention it all ?
https://www.gov.uk/uk-family-visa/partner-spouse
This is where I went through to apply.

https://www.gov.uk/uk-family-visa

It mentions nothing of having a visa in the country to begin with. I don't understand why I'm just finding out about it now.

In the 'Overview' tab/first link, it clearly states.

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

you have permission to be in the UK as a visitor
your visa is for 6 months or less
However, you might be able to switch to a family visa in the UK if you have either:

a 6-month family visa as a fiancé, fiancée or proposed civil partner
permission to stay in the UK for the outcome of a family court case or divorce

[jakefffff]

That's pretty faced up, we don't have the money for that!! What the hell.

[Casa]

Unfortunately, if you dig-in here and try to regularise your situation, you will be heading down a VERY long and bumpy path with no guarantee that you will a granted a visa to remain.

At best, a FLR(FP) application would set you on a 10 year route to settlement (ILR) and be far more costly than the fees you are facing now. FLR(FP) applications are taking up to 12 months or even more to decide (with a high level of refusals) and during that time your passport will be with the Home Office and you will have no legal right to work.

If you can find the visa fees + the £600 NHS surcharge and assuming you meet all the requirements, a Spouse Settlement application submitted in the US should only take a few weeks for the visa to be issued.

[jakefffff]

Yeah I have a neighbor that is american that I think made the same mistake I did initially, but hasn't gone about things the right way and has been here longer than the visitor visa. Needless to say that is not the path I want to go down, I just wish this person had warned me that I was about to go down a really bad path unknowingly. I am googling the form and stuff but it keeps bringing me back to the gov.uk website. So would I just be applying through them again? Is it all the same requirements as well? I'm taking your advice and going back to america to do it the correct way this time.

[CR001]

All the same evidence ets for an application outside the UK.

You complete form VAF4A and Appendix FM

It is the same link that you have already posted, except use options/links for applications outside the UK.

[Casa]

Ensure your documents (payslips/bank statements etc) are no older than 28 days when you submit your application.

[jakefffff]

Okay well thank you for answering all my questions. Just realized the reason we overlooked it, a google search for spousal visa application will bypass the first family visas explanation page. So we unknowingly bypassed that information and thought it was cheaper for me to do it here.

[jakefffff]

Okay so I've been looking up this stuff and the Spouse Settlement form you are referring to costs almost 2400 quid?

And I google VAF4A and Appendix FM and one page talks about VAF4A being for North Korea, and the Appendix just shows a long booklet of immigration laws.

I'm pretty lost here, could you guys please point me in the right direction?

[Casa]

The current fee for a Spouse Settlement visa + £600 IHS surcharge. Be aware that the IHS surcharge is due to double some time later this year.

https://www.gov.uk/government/publicati ... in-the-usa

https://www.visa4uk.fco.gov.uk/home/welcome

https://assets.publishing.service.gov.u ... endix2.pdf

[jakefffff]

Alright cool, thank you. One last question and I promise to leave you alone! You mentioned something about that visa only taking a few weeks from the US. But on the main page of the family visa section it says it will take 12 weeks outside the UK. I also saw some premium expediting service for american's on there, was that what you were referring to?

https://www.gov.uk/uk-family-visa
How long it takes
A decision will usually be made:

within 12 weeks if you apply outside the UK
within 8 weeks if you apply in the UK either online or by post
on the same day if you apply in the UK in person using the premium service

[Casa]

Official statistics (May 2018) show that most settlement applications (98%) submitted in the USA are processed within 60 days.

https://visa-processingtimes.homeoffice ... settlement

Feel free to post further questions if you need help. That's what the forum's here for.

[FXR_1340]

My US wife recently joined me in UK on a Spouse Visa which permits living and working in UK.

The form was completed online. Appendix 2 was printed by us and completed by hand. This and the other supporting docs we took to our Biometrics appointment in Elizabeth New Jersey where her biometrics were taken.

Almost 12 weeks to the day it took for the process. Papers submitted online. Origanals and 1 Copy of all docs came with us to Elizabeth. Once given the go ahead at the appointment, the original supporting docs were couriered (UPS) to Sheffield UK (this was organised and paid for using the VFSGlobal website) Posted on Feb 20. Visa issued May 15. All papers inc my wifes US passport were returned. I did not send my UK passport but did send a validated copy of my passport. I did this at the post office. Would advise to get as many validation as the cost will allow. Payment is for up to 3 (I think) validations.

The Visa, fixed to her passport, was valid for 1 month to allow her to arrive in UK. On day of arrival we visited the designated post office to collect Biometrics Residence Permit.

Once in UK the US citizen then need to apply for a National Insurance number. This was done by phone and an appointment time issued which was duly attended.

If my memory serves me correctly the cost was about 2400 for visa plus 600 for the Immigration Health Surcharge. PLEASE PLEASE PLEASE get this right first time as its non returnable.......

Good luck with all of this. The HELP Lines and email assistance offered are a joke and a waste of money. They give no help at all. I would rely on this website for advice and guidance. There are a number of very knowledgable people on here.

Finally, there is a Fast service offered by VFSGlobal. I think it cost around an extra 1500. My wifes brother in law is a lawyer and his advice was not to use it as it often amounted to no more than a money making exercise. Its your choice....pay your money and take your chance.

Good luck. We hope it goes quick n smooth for you and yours.

[Casa]

The poor quality advice given by the 'help line' is due to the service being outsourced to an agency, with staff having a very limited knowledge of the Immigration Rules. Neither will they take responsibility for any incorrect advice given and the consequences.