Hi Has anyone been refused a spouse visa and gone through the appeal process? Our spouse visa application was refused on Friday because of meeting the financial requirements. That I easily make, But I changed my bank account in March and my work paid 2 months into the old not new account. They seem not to of understood this even with a letter explaining and copies of both bank accounts. I have started an appeal as just cost £140. But when I phoned and asked about the appeal they said it can take 6-18 months. Anyone know if this is the case? If so should I ask for a refund on the NHS charge that was paid?
Sorry to hear about your visa refusal you must be gutted I know I would have been. It can take months as they say for the appeal process so it may be easier for you to consider reapplying and addressing the reasons for the refusal, note you should automatically get a refund of the NHS surcharge in a few weeks. Pick yourself up, dust yourself down and reapply.
Thanks, Yes gutted is an under statement, taken the weekend and a nice malt to try and get back to a positive outlook. Would reapply but its a lot of money wasted on the first visa that ticked every box. Just an immigration officer that could not see bank transfers and wages still being paid. The appeal is already placed with more bank statements and letters of employment. and the embassy in Manila have 15 weeks to recheck the application. If its still refused I will start over. So the NHS surcharge will auto refund, that's useful to know. Thank you.
If you are supplying more financial documents with the appeal then surely the case officer can turn round and say these should have been submitted with the initial application, the appeal should be fought on the basis that all of the required financial documentation was submitted and you met all the requirements. Just my thoughts only, I'm no expert, maybe it will be worth it to seek expert advice, it may save you money and heartache in the long run. Regarding the NHS surcharge refund; https://www.gov.uk/healthcare-immigration-application/refunds
I hope it all works out for you and you are successful in your appeal or re submission. Keep us up to date please. Jx
Sorry to hear the news. The pertinent question is. Did you submit all documentation in your initial application. You mention that some payments were in your 'old' and not 'new' account. If you did not provide the correct bank statements in your original application then your appeal is not likely to succeed. Any appeal must demonstrate an error in law or an error in interpretation or application of the immigration rules when applied to the documentation that you submitted. An appeal process is also quite slow. Frankly, I feel that you will find it quicker to prepare your application more carefully and apply again.
They had all the bank statements and a cover letter from me and from my work to say they paid the wrong account. They even showed there working and said I met the financial requirement, then in the next line said that I didn't have proof of the last month. So many plans now back on hold. I don't have the money to start over and right off what's been paid. As its 2 visas my wife and her daughter. And yes earn over 30k so was not the daughters visa that make the financial difference. If I could get a refund on the visa and start over I would, But I have resent all the documents with the appeal and more letters explaining.
If: a) you provided all the relevant documents on first application, and ; b) the most recent bank statement and pay slip was dated more recently than 28 days before the date of your online application, and ; c) They made an error interpreting your documents by claiming that proof was not provided when it was, and; d) Your appeal clearly outlines where in your original documentation the information was to be found and where they made a material error then perhaps your appeal will be successful. Good luck.
I hope the appeal goes in your favour, I'd hate to be in your shoes, the frustration must be immense.. Good luck, and keep us informed.
We were unsuccesful first time. To be honest, the appeal process seems more hassle than it's worth. We just applied again and made sure everything was covered. It's definitely a big risk to have any sort of anomaly on the application - particularly with regard to finance. You say you didn't provide evidence from the last month. Was your most recent bank statement more recent than 28 days?
Your P60 is always good to submit but it depends on what time of year you apply as to how current it is in helping you prove you meet the financial requirement. Six months wage slips and bank statements backed up with contract of employment and a letter from your employer is conclusive evidence that you meet the requirement.
@luke6676 Our bank statements and wage slips where covered by a "covering letter" up to April (when we got married). Our visa app was end of June, so just before visa submission I sent Jo the last of the wage slips and bank statements without covering letter (from April to June). Just make sure everything is absolutely last minute up to date. On the VAF4A (finance requirements) it also requests info on your accommodation. Did you send all your mortgage / rent details, council tax letters, utility bills? Part 2.4 could be a stumbling block for some "Housing Benefit" Truly hope your appeal goes quickly and successful
We sent in P60s, Payslips for at least 6months before, Letter from my work saying I have been there over 24 years and how much I earn. They had all the detail of my home that I own. Council tax and utility bills. But it was just how they read the change in bank account and where my employer had paid into the wrong account for 2 months and I had to take cash out and put into the new account, They didn't understand that part. On the refusal for my step daughter it said we met all the financial requirements but she was refused because her mother was refused. So now we have to wait again for 6-12 months on the appeal.
