Denied Spousal Visa - Appeal or reapply?

I was denied due to my husband not meeting the financial requirements. We are trying to put together the correct financial documents that shows he does meet the financial requirements, as he is a self employed tour guide.
Is it better to appeal or just reapply? What is easier, cost effective and a safer choice??

Reapply.

If you do it soon and send ALL the required documents, you could have your visa and be in the UK within a matter of weeks.

If you appeal, you're looking at about a year of waiting, possible lawyer fees and it may go to court... and even then, it's extremely unlikely it will be successful because if you didn't include the right documents, then they made the right decision to refuse the visa... which means you'll just have to re-apply after that anyway, and the visa fees will be several hundred pounds more by then (they are increasing in April with the NHS levy).

If I reapply do I need to go thru the biometrics appointment again?

On another post, you say you meet the cash savings of £62,500.  Why not apply under that route?

If I reapply do I need to go thru the biometrics appointment again?

There is ALWAYS the biometrics. You have to go to the Post Office here in the UK to do them if you apply by post. That's for FLR and all that jazz.

You need to do biometrics for every visa application up to (and including) ILR - it is to be able to check that you are the same person.

I did meet the 60k pounds cash savings requirement, I had over $100k. But I think because it wasn't in my savings account for the 6 months they rejected it. Do they consider your 401k towards the cash savings?

Here is what the guidance says:

7.4.2. Savings can be held in any form of bank/savings account.  This bank/savings account can be a deposit or investment account.  Deposit accounts are usually easily identifiable.  An investment account must also meet all of the other cash savings requirements to be considered as a bank/savings account for the purposes of the cash savings rules at paragraphs 11 and 11A(a).

7.4.3. The following table illustrates all the requirements that must be met:

Summary of all the requirements that must be met for funds to be considered as cash savings held in a deposit or investment account

1.  The account is held within a bank or building society

2.  The bank/building society is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating

3.  The bank/building society is not on the list of excluded institutions under the Immigration Rules

4.  The account is a current account or a savings account

5.  Regular bank statements are provided

6.  The statements cover the necessary time period required in the Immigration Rules

7.  The savings are held in cash (or their cash value is clear)

8.  The savings can be immediately withdrawn (with or without penalty)

9.  The funds are under the control of the person and/or their partner for the necessary time period required in the Immigration Rules

10.  The source of the funds is legal

11.  The source of the funds has been declared

7.4.4. For example, in the UK a 'stocks and shares' Individual Savings Account (ISA) does meet the definition of a savings account and the funds can be considered as cash savings if all the requirements above are met.  Likewise, a pension savings account from which savings can be immediately withdrawn (like the 401K in the US).

7.4.5. Funds that are held in an account at the date of application that do not meet all of the requirements listed in the above table cannot be considered as cash savings that meet the requirements of paragraphs 11 and 11A(a) in Appendix FM of the rules.  An example of an account that generally does not meet all of these requirements is a brokerage account in which funds are used by stockbrokers to purchase shares for the account holder.  It does not meet the criteria of being a current account or a savings account.  A brokerage account may also fail to meet other criteria such as not being held in a bank of building society.  See paragraph 7.4.9. in respect of funds held in an investment account with does not meet the requirements of paragraphs 11 and 11A(a).

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf

(Page 50, bold emphasis mine)

They would have evaluated the application based on the category you applied under.  Did you apply based on your husband's self employment income or your cash savings?  If you included too much, you could have confused the entry clearance officer.

Reapply, supply your bank statements showing you have had £62,500 for over 6 months.  Don't include your husbands employment info and you'll get the visa.

Does your 401k account count towards your cash saving option?

What is the wording in your letter? What did they say as for the reason?

Does your 401k account count towards your cash saving option?

Not if it is invested in mutual funds or securities. It is if it's in cash when you apply.

Does your 401k account count towards your cash saving option?

It does if it meets all the requirements (points 1 - 11) listed from the guidance above.  If not every requirement can be met, it will not count.

This visa is a check-box type; if you can check all the boxes, the visa will be granted.  The financial requirements and documentation you need to provide with your application are specified online, and in the guidance documents.  If you provide everything they ask for, depending on the financial category you are applying under, then the visa will be granted.  If you are missing a document (when the guidance says it must be included), the visa will be refused.

You've been mentioning his self employment and your 401K and cash savings.  Which category did you apply under?  What documents did you submit?

Here are the relevant links to guidance on the financial side.  I appreciate they are lengthy to get through, but if you're looking to address a refusal with a fresh application, it really is best to have a good read-through again as a refresher and make sure you're familiar with the different ways to meet the financial requirement and the exact documents you need to provide as evidence for each category.

Financial Requirement:  https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf

Appendix FM-SE specified evidence
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393496/20150108_Immigration_Rules_-_Appendix_FM_SE_final.pdf

It also really would be helpful to know the exact wording of the refusal letter.  UKVI has specific wording used, and knowing the exact phrasing can be really insightful to know what they picked up on.  It might be a case where you think it's one thing, but the main issue is something entirely different.

Finally got the refusal letter in my hands -
the reason for refusal was "Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP 3.3"
Anyone understand this?

Finally got the refusal letter in my hands -
the reason for refusal was "Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP 3.3"
Anyone understand this?

Put simply, it means you must meet the financial requirements for the category under which you applied. You have to prove your sponsor met those financial requirements, and you did not provide the required documents verifying his earnings.