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Uk settlement wife visa refused

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Marriage | Unmarried Partners | Fiancé | Ancestry

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FaireeNav
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Uk settlement wife visa refused

Post by FaireeNav » Fri Mar 15, 2019 7:19 am

Hello ,
I am posting for the first time here.
My husband is a British citizen, he is a sole director and shareholder of a limited company. I applied for settlement visa with all the documents needed but his accountant gave us 7 months payslips instead of 12 months payslips as there were some months when my sponsor didn’t take any money from his company . The issue is that out of those 7 months payslips , some don’t match with the personal bank statements. We didn’t realise that our accountant had done mistakes while making payslips. Our visa application got rejected .
Anyway , we had mentioned in our last application that my sponsor will join a new company as a salaried employee with a salary of 42 k per annum. Now my sponsor is working in the same company and getting a fixed salary. We have planned to wait for a few more months until it’s 6 months of employment and then reapply with a fresh application with 6 months payslips , employement letter and 6 months personal bank statements. However we are afraid that mistakes in the previous application might affect the new one . We are trying to contact our accountant to get an explanation from her but she is not available. My question is that do we need to explain what went wrong in previous application and why with a proof from the accountant or can we just briefly state that due to insufficient payslips and some errors in our accounts we couldn’t meet the financial requirement and since now the circumstances are different as my sponsor is an employee on salaried employment (as mentioned in previous application that he was soon going to be an employee in a salaried employment) we are applying fresh with all the financial requirement needed in this category ( Category A I suppose)

ariamus
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Re: Uk settlement wife visa refused

Post by ariamus » Fri Mar 15, 2019 8:31 am

I think you don’t need to state reasons previous application was rejected.

You do need to mention you have previously applied for a visa, the dates etc only.

If the new application is full and correct, visa would be granted.

FaireeNav
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Re: Uk settlement wife visa refused

Post by FaireeNav » Fri Mar 15, 2019 9:01 am

Thanks a lot . So should I just briefly state that we couldn’t meet the financial requirements due to some errors made by our accountant and insufficient payslips. And since my sponsor is on a salaried employment now ( as mentioned in the previous application ) and has completed 6 months in it , we are applying again with all the financial documents needed as per the Category A salaried employment

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Re: Uk settlement wife visa refused

Post by CR001 » Fri Mar 15, 2019 9:10 am

FaireeNav wrote:
Fri Mar 15, 2019 9:01 am
Thanks a lot . So should I just briefly state that we couldn’t meet the financial requirements due to some errors made by our accountant and insufficient payslips. And since my sponsor is on a salaried employment now ( as mentioned in the previous application ) and has completed 6 months in it , we are applying again with all the financial documents needed as per the Category A salaried employment
There is no need to explain anything. HO will have the refusal on record anyway.

Simply apply when you meet the requirements.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Uk settlement wife visa refused

Post by FaireeNav » Fri Mar 15, 2019 5:30 pm

Following is the refusal letter that I received
Suitability- application doesn’t fall for refusal on grounds of suitability
Eligibility- under paragraph EC- P.1.1.(d) you do not meet all of the eligibility requirements under section E-ECP of appendix FM
Eligibility relationship requirement- you meet the eligibility relationship requirement
Eligibility financial requirement - you do not meet the eligibility financial requirement of paragraph E-ECP .3.1 to 3.4.
You have provided 7 payslips covering June to December 2018 . Point c above states that you must provide payslips covering the same period as the CT600 which is dated 01/01/2018 to 31/12/2018 . You have not provided any payslips to cover January to May 2018. Furthermore, I note that you have provided personal bank statements covering the same period as CT600 however I can only see salary payments matching the payslips provided for June, November and December 2018. I cannot see any payments made matching the amount shown on payslips for July , August , September and October 2018 therefore I am not satisfied that your sponsor has received salary on those months .
You have therefore failed to provide the required documents relating to your sponsor’s employment. I therefore refuse your application under paragraph EC- P.1.1(d) of Appendix FM of the Immigration Rules ( E-ECP.3.1)
Eligibility English requirement - meet the eligibility English language requirement
Exceptional Circumstances- no
such circumstances
Refusal under Partner rules- in the light of the above , your application is refused under paragraph D-ECP .1.3 of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on 5 year partner route or 10 year partner route on the basis of exceptional circumstances, under Appendix FM
Compassionate factors - none

In the above mentioned refusal letter, I have a doubt
Financial requirement paragraph E-ECP .3.1. To 3.4. includes accommodation requirement too (3.4). Although they haven’t specified any flaw in the accommodation proof. I had send council tax bill , gas bill ( not recent ) and a recent mortgage letter . Do they have any problem in the accommodation proof ? (Since E-ECP .3.1 to .3.4. Includes accommodation proof as the last point) or is it their general way of documenting and if there is any issue with accommodation, what all extra documents can I add to satisfy the accommodation requirement
As it appears to me that the only problem was with the number of payslips and that they were some payslips not matching personal bank statements. Is there any other objection that I am overlooking here.
Sorry I might be overthinking but I don’t wanna commit any other mistake.
Sorry for the long post

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Re: Uk settlement wife visa refused

Post by wahi66 » Sat Mar 16, 2019 12:32 am

FaireeNav wrote:
Fri Mar 15, 2019 5:30 pm
Following is the refusal letter that I received
Suitability- application doesn’t fall for refusal on grounds of suitability
Eligibility- under paragraph EC- P.1.1.(d) you do not meet all of the eligibility requirements under section E-ECP of appendix FM
Eligibility relationship requirement- you meet the eligibility relationship requirement
Eligibility financial requirement - you do not meet the eligibility financial requirement of paragraph E-ECP .3.1 to 3.4.
You have provided 7 payslips covering June to December 2018 . Point c above states that you must provide payslips covering the same period as the CT600 which is dated 01/01/2018 to 31/12/2018 . You have not provided any payslips to cover January to May 2018. Furthermore, I note that you have provided personal bank statements covering the same period as CT600 however I can only see salary payments matching the payslips provided for June, November and December 2018. I cannot see any payments made matching the amount shown on payslips for July , August , September and October 2018 therefore I am not satisfied that your sponsor has received salary on those months .
You have therefore failed to provide the required documents relating to your sponsor’s employment. I therefore refuse your application under paragraph EC- P.1.1(d) of Appendix FM of the Immigration Rules ( E-ECP.3.1)
Eligibility English requirement - meet the eligibility English language requirement
Exceptional Circumstances- no
such circumstances
Refusal under Partner rules- in the light of the above , your application is refused under paragraph D-ECP .1.3 of Appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on 5 year partner route or 10 year partner route on the basis of exceptional circumstances, under Appendix FM
Compassionate factors - none

In the above mentioned refusal letter, I have a doubt
Financial requirement paragraph E-ECP .3.1. To 3.4. includes accommodation requirement too (3.4). Although they haven’t specified any flaw in the accommodation proof. I had send council tax bill , gas bill ( not recent ) and a recent mortgage letter . Do they have any problem in the accommodation proof ? (Since E-ECP .3.1 to .3.4. Includes accommodation proof as the last point) or is it their general way of documenting and if there is any issue with accommodation, what all extra documents can I add to satisfy the accommodation requirement
As it appears to me that the only problem was with the number of payslips and that they were some payslips not matching personal bank statements. Is there any other objection that I am overlooking here.
Sorry I might be overthinking but I don’t wanna commit any other mistake.
Sorry for the long post
nothing wrong with your accommodation as long as you are providing the mortgage papers.
HO would have been mentioned it if there was any regarding it.
try to work on financial requirements which is the main reason of refusal.

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Re: Uk settlement wife visa refused

Post by FaireeNav » Sat Mar 16, 2019 5:53 am

Thanks a ton :)

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Re: Uk settlement wife visa refused

Post by FaireeNav » Sat Mar 16, 2019 10:36 am

A few more questions
1) Can I use the Tb certificate from my last application
2) I also gave a Police clearance certificate in the last application . Do I need to reapply for it ?
3) Will my Ielts life skills test, which I took last year in October , be valid until August this year
( I will be reapplying for settlement visa then )
4 ) there were some letters including one from our pastor declaring that we have a genuine relationship. Do I need new ones or old letters are fine

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Re: Uk settlement wife visa refused

Post by wahi66 » Sat Mar 16, 2019 1:14 pm

FaireeNav wrote:
Sat Mar 16, 2019 10:36 am
A few more questions
1) Can I use the Tb certificate from my last application

valid for 6 months

2) I also gave a Police clearance certificate in the last application . Do I need to reapply for it ?

valid mostly for 6 months (although does not really required)

3) Will my Ielts life skills test, which I took last year in October , be valid until August this year
( I will be reapplying for settlement visa then )

still valid

4 ) there were some letters including one from our pastor declaring that we have a genuine relationship. Do I need new ones or old letters are fine
no need to get a new one.

good luck

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Re: Uk settlement wife visa refused

Post by seagul » Sat Mar 16, 2019 3:01 pm

FaireeNav wrote:
Sat Mar 16, 2019 10:36 am

1) Can I use the Tb certificate from my last application

1. Yes only it hasnt been expired
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ariamus
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Re: Uk settlement wife visa refused

Post by ariamus » Sat Mar 16, 2019 4:36 pm

TB certificates are usually valid for 6 months only so in your case it will have expired when you apply for the new visa.

English certificate are valid for 2 years.

All bank statements, payslips, employment letter etc need to be no older than 28 days (from date of new visa application).

You should also include new evidence of communication since last visa application to show you’re in contact, genuine relationship etc.

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Re: Uk settlement wife visa refused

Post by FaireeNav » Sun Mar 17, 2019 3:12 am

Ok. I will get a new TB certificate and put in latest whatsapp chat screenshots . thanks everyone

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