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Appeal and change of circumstances

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hope66
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Posts: 13
Joined: Wed Jul 27, 2005 12:35 am

Appeal and change of circumstances

Post by hope66 » Mon Nov 28, 2005 10:24 am

Hello,

I applied for spouse visa and refused.I appealed 3 months ago and the AIT told me that they have not started processing my appeal and it's in a queue.One of the rejection grounds was Maintenance:My wife's income low and I had now job offer.I just submitted Jobs ads printed out from the Jobcentre plus website which demonstrated how easy it will be for me to get different jobs thanks to my qualification,skills,and experience.But now my circumstances have changed as I found a job on the internet.I work online and I earn money.Obviously,I can do this job in UK as well.I am thinking of asking this company to send me a work certificate or a contract showing when I started this job,my income,and that it is ongoing job.But there is no tax paid.

Please advise me if:
1- it is still early to send this new evidence to AIT or I have to keep it and use it when reapplying if my appeal result is negative?
2-This job meets the maintenance requirement?

Thanks for your your help

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Nov 28, 2005 12:18 pm

1- it is still early to send this new evidence to AIT or I have to keep it and use it when reapplying if my appeal result is negative?
AIT only consider evidence/documentation submitted at EC application.
2-This job meets the maintenance requirement?
Details of the new job (original employer letter) and funds from such (original pay stubs/slips and bank statements) should be submitted to meet the maintenance requirement of the rules.

IMHO it is best to make a fresh application now instead of waiting for an appeal that may not be successful (I can only gauge the chance of success if I saw the paperwork). Afterall what matters is to obtain the spouse visa at the earliest possible moment subject to meeting the rules. Out of interest why is this new employment not taxed? ECO may doubt it to be bona-fide.

hope66
Newly Registered
Posts: 13
Joined: Wed Jul 27, 2005 12:35 am

Post by hope66 » Mon Nov 28, 2005 3:47 pm

Hello Kaylami,

Thank you for your reply.

What I meant by No tax paid was that I have no ( P60/Accountant's Reports and Latest Tax Return for self employed sponsors) which are required by the consulate and usually accompanies a letter from the employer+pay slips+Bank statements.I got this job online.I translate for a translation agency and get paid through my bank.But I have no intention to do this job in UK without paying taxes,for obvious reasons.Besides,it will be a part time job for me.I wish to work full time with the local public authorities as an interpreter in UK.

Regards

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Nov 29, 2005 1:57 pm

Are you an in country applicant or are you overseas?

hope66
Newly Registered
Posts: 13
Joined: Wed Jul 27, 2005 12:35 am

Post by hope66 » Tue Nov 29, 2005 3:43 pm

I am overseas.I applied at the British consulate in my country,got refusal,and appealed in my country by sending appeal form to AIT.The most recent news from AIT was a week ago saying that my appeal was on the queue and they gave me a Reference number.

hope66
Newly Registered
Posts: 13
Joined: Wed Jul 27, 2005 12:35 am

Post by hope66 » Mon Dec 05, 2005 5:46 pm

Hi John,

I apologize.I see your point.

I have been waiting for the result of a spouse appeal for over 4 months.They issued my appael Reference number but still have not started the procedures.
How would reapplying affect my appeal?

Thanks

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