1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Spouse Visa - Online Application

Discussion in 'UK Visa and Immigration Help' started by one world, Nov 16, 2014.

  1. Heathen
    Offline

    Heathen Active Member

    Jeez, just reading through a few items with regards appeals,
    1. Its gives no idea about the timescale.
    2. it gives no idea about the cost.

    Does anyone have any experience of going through an appeal ?.

    Right now Im having second thoughts, and to re-apply may be my best course of action.
  2. Daveyw1988
    Offline

    Daveyw1988 Active Member

    Probably cheaper to actually re apply to be honest by time you sort solicitor etc out ...just my thought those....how long does it take to apply ?
  3. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    we were quoted £2500 solicitors fee to appeal my wifes sons visa refusal--and about a year. cheaper and quicker to apply again.

    but you must address the refusal reasons.
    did UKVI cite your accommodation issues as a reason for refusal ?
  4. Br28016
    Offline

    Br28016 Active Member Trusted Member

    Sorry to hear about that.

    Fortunately do not have the experience of having to appeal but understood that there was the option of an administrative review which sure that I have read about before and which is relatively quick compared to full court appeal. If decision was flawed think I remember it getting an answer quite quickly.

    https://www.gov.uk/government/publications/administrative-review

    Would need Iif doing that to point out the errors and may get away with adding the additional info they asked for like Decree Absolute and make point that not required as detailed in guidance notes but here anyway.

    Should be able to argue employers letter and woukd get an updated letter from employer querying why they are questioning his letter authenticity. They should be on weak grounds if employers writes twice.

    Pension letter was a requirement according to rules

    https://www.gov.uk/guidance/immigra...endix-fm-se-family-members-specified-evidence

    (e) To evidence a pension:
    1. (i) Official documentation from:
      1. (1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency;
      2. (2) An overseas pension authority; or
      3. (3) A pension company,
      4. confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund)
    They do unfortunately talk about cash savings as opposed to shares. In my opinion a error in judgement but they can fall back on their rules on that one especially since if claiming benefits shares woukd be counted in the £16k calculation. Reading guidance they do say that if shares sold then they can be counted as cash.

    (c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:
    1. (i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
    2. (ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
    3. (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
    4. (iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a)
    For cash savings they also I believe calculate using the lowest value in the six month period.


  5. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    In an administrative review you cannot add further information, you are challenging the way the decision was reached based on the information you provided at the time.
  6. Heathen
    Offline

    Heathen Active Member

    My wife and i had a discussion last night about the best way to go ahead , I cant defend the "No Pension Letter" so feel it would be worthless going to appeal, which will i have found out cost £80 for a written appeal, or £150 if i wish it to be heard in person, thats oviously not an issue, the biggest issue would be there is no cetainty when it would be heard by the Court, and if the Court ran out of time halfway through the case, it would have to be brought up again at a later date..

    Meanwhile, the TB Certificate, and everything else is to hand, and in date, so we think the best thing to do is bite the financial bullet, and reapply.

    So the shares which i had held since 2015 and are now in the form of cash, can/cannot be counted in any calculation, because they have been held as Cash for less than 6 months ?. I do have statements from the Financial Institution dating all my share dealings from 2015 up to the application, whch i included in my application, hence the mention that i had £269 in cash, but No mention of the shares value in my Portfolio, to be honest i dont believe the ECO understood the Portfolio Statement that i included in my application, because to understand it he/she would have to read through from the beginning what shares were brought and when they were sold, then he would know which shares were held at the time of the application.. :D.


    No mention of the accomodation issue bigmac..
  7. Br28016
    Offline

    Br28016 Active Member Trusted Member

    Shares if converted to cash can be included but will need to show the history including sell and transfer to cash savings. Need that if not in cash for the six months before application.
    1. (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
    Dividend income could alternatively be used towards the income calculation.

    Check their exact requirements as the requirements are very technical unless you have simple affairs. I don't agree with the level of exactly how things are supposed to be done but did convert a lot of share USA savings to cash and moved into a cash ISA account six months before application so that could aim to show met requirements through savings and income and found the lack of flexibility in being able to organise my finances sensibly very frustrating just in order to meet a requirement to have it there for six months.
  8. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    If I recall correctly..you were living as a lodger in someone's council house..and the housing dept refused to give permission for your wife to lawfully live there ..am I right ?.

    This will be a reason to refuse another application even if you overcome the present reasons....so you will need to do something about this.

    As regards a divorce decree absolute..I'm sure it is a requirement....I had to include two..as well as a death certificate for my second wife ( I've been married 4 times.)
  9. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    Can you elaborate reason #2 ?
  10. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The decree absolute is a requirement.
    @Heathen was your employer letter on company headed paper with the company details on?
  11. Heathen
    Offline

    Heathen Active Member

    I cant elaborate on it mate, I included a letter from my Employer, and my employment contract, there exact wording is as follows.

    "You have submitted a document that details my employment details, but does not appear to come from my employer".

    They appear to have made a judgement on that which is completely wrong, I am NOT stupid enough to submit false documents because there is to much depending on the outcome of the decision. My empoyer is a 1 man band in Transport, I am the first person that he has ever employed on the basis of i work for him as and when required, but with a guaranteed minimum of 10 hours per week, that suits him, and it suits me because he doesnt have enough work to pay me for 40 hours per week, and i get a guaranteed 10 hours minimum Salary, but i have done on a few occasions as much as 50 hours.
  12. Heathen
    Offline

    Heathen Active Member

    Yes Company headed paper with his address, and contact details, and website.. and salary slips from his accountant headed ** Transport Online services..
  13. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Did he write the letter himself?
  14. Heathen
    Offline

    Heathen Active Member

    The letter was typed up probably by his wife :D she is a Teacher, and signed by him..
  15. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Should be no issues with that then.
  16. Daveyw1988
    Offline

    Daveyw1988 Active Member

    Are these the main 3 forms what need completing? One online and the 2 in the description you put?
  17. Daveyw1988
    Offline

    Daveyw1988 Active Member

    It’s ok...I think I’m gonna look for a specialist solicitor help...seems to stressful and I’m clueless what to do it seems thanks anyway
  18. one world
    Offline

    one world Active Member Trusted Member

    The 1st posting I made was in 2014, so likely online process has since changed.

    Suggest search gov.uk site for present application process.
  19. Schy13
    Offline

    Schy13 New Member

    My Husband received his visa today!!
    I would like to thank everyone in this forum.. Thank you all for your help!! It's a big relief.. Goodbye LDR!!
    • Like Like x 2
  20. Daveyw1988
    Offline

    Daveyw1988 Active Member

    Ohhh right yeh I’ll take another look thanks fir that

Share This Page