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Topic: Settement /marriag  (Read 1565 times)

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Settement /marriag
« on: March 14, 2016, 11:47:06 AM »
I applied for Settlement/ Marriag Visa. Was refused. My fiancée documents were not linked to my application.we choose not to appeal rather put in a complaint letter  the home office with a lawyer.
We are looking for lawyer that handles visa and immigration law .
My fiancée has a industrial injuries disablement benefits witch makes him exempt from the financial requirements. Any information would be appreciate.
Thanks.


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Re: Settement /marriag
« Reply #1 on: March 14, 2016, 11:54:40 AM »
Sorry to hear about your refusal.

How was it that your documents weren't linked to your application - did you send everything together in the same package?

In terms of lawyers, there are two we recommend here on the forum, which we know specialise in UK immigration law, and are well acquainted with applications made in the US. They are Laura Devine, based in New York and London (though they are expensive) and Victoria Sharkey at Medivisas, based in London.


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Re: Settement /marriag
« Reply #2 on: March 14, 2016, 12:54:23 PM »
I didn't know my fiancée documents needed to be put in my packet before sending them to Sheffield. The ECO sent me an email requesting. Sponsors documents to mailed in a certain
time period and his documents were singed and delivered today's early with my visa number the
the envelope still his were not linked to my application.
Do you by chance have the phone numbers to the lawyers as we want to start a new application
as soon as possible and wish to have the lawyer handle the paperwork.
Thanks


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Re: Settement /marriag
« Reply #3 on: March 14, 2016, 01:33:55 PM »
Ah, you MUST send all the supporting documents together in the same packages as your passport and your application, because they need them in order to process the visa.  You were lucky that they emailed you to request the documents, because they could have just refused the visa outright anyway, though I'm sorry they didn't get linked with the application. Sometimes that can happen, unfortunately.

If you're going to be starting a new application and reapplying, I personally wouldn't bother with a lawyer.

A lawyer will cost you hundreds of pounds/dollars in fees, and to be honest, all the information you need in order to apply successfully this time can be found online for free, both on the UKVI website and here at UK-Yankee.

You might as well save the money you would spend on a lawyer and put it towards your new visa application.

We'll be happy to help you here on the forum, and can advise on the exact documents you need to include and how to make sure you have everything you need this time.

I've been a member of UK-Yankee for over 9 years and have advised hundreds, if not thousands, of people who have successfully applying for fiance and spousal visas over that time, and there are several other members of the forum who are just as knowledgeable and are happy to help.

If you do want the lawyer details though, you can find them here:
http://www.medivisas.com/?team=victoria-sharkey-b-a-hons
http://www.lauradevine.com/contact


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Re: Settement /marriag
« Reply #4 on: March 14, 2016, 02:36:40 PM »
Thank you very much for the advice's. At this point should we wait for answer on from the complaint letter from the  home office it's been three weeks and haven't had a repply and hope the over turn there decision by way of rule evidential flexibility. ..
My fiancée documents are listed as.
Form Suo7/12 sponsorship undertaking
Cover letter from sponsor
Letterfrom visa&immigration
2 x trading & profit. & loss account (2911- 2014 )
Hmrc National Insurance Contributions
Stats pension letter
Private pension statement from Nottingham county council
Letter from. Job center plus regarding his industrial injuries disablement benefit
Lees buldind society mortgage statement
Hsbc bank statement
Hsbc commercial. Card statement
Orange mobile phone bill
 Are all my sponsors documents needed to apply for fiancée via??


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Re: Settement /marriag
« Reply #5 on: March 14, 2016, 03:02:33 PM »
Thank you very much for the advice's. At this point should we wait for answer on from the complaint letter from the  home office it's been three weeks and haven't had a repply and hope the over turn there decision by way of rule evidential flexibility. ..

I don't know anything about complaint letters, I'm afraid. Was it just a complaint letter or was it an official administrative review?

In terms of your documents, I'm guessing he is exempt from the financial requirement due to his Industrial Injuries Disablement Benefit?

Also, you do not need the SU07/12 sponsorship form as it does not apply to fiance visas.

Here is my general list of what you need to include for the visa:

Applicant (US citizen)
- Printed online application form
- Completed VAF4a Appendix 2 form
- Stamped Biometrics Confirmation Sheet (when you have attended the biometrics appointment)
- 2 passport photos (they can be US size (2 inches by 2 inches) or UK size (45 mm by 35 mm, which is 1.77 inches by 1.38 inches))
- Your passport
- All of your previous passports
- Optional cover letter
- Proposed flight itinerary
- Receipt for priority processing (if paying for priority)
- Return shipping packaging
- Return shipping details
 
Sponsor (UK citizen)
- Certified copy of his UK passport photo page
- Sponsor letter of support for the visa (stating how he is eligible to sponsor the visa (his UK citizenship), how he meets the financial requirement (which category), where you will live in the UK (accommodation details), a brief history of your relationship (no more than 1 paragraph) and a list of all the documents he is including in the application package)

Accommodation
If the sponsor owns:
- sponsor's land registry document
- sponsor's latest mortgage statement
OR
If the sponsor rents:
- Original tenancy agreement
- A letter from his landlord giving you permission to live there
OR
If you will be living with friends/family:
- a letter from the homeowner giving you permission to live there and stating that the home will not be overcrowded
- their land registry document
- their latest mortgage statement

Finances
- Evidence that he is claiming the disability benefit
- Evidence of all his income
- Pension documentation
- 6 months of original bank statements, showing this income

Evidence of plans to marry in the UK within 6 months
- provisional ceremony booking or email correspondence with the registry office or church inquiring about possible ceremony dates
- evidence of any other wedding planning, such as a picture of the dress or rings, or booking of a reception venue

Relationship evidence
- 1 or 2 photos of you together
- boarding passes from trips to see each other
- any physical letters and cards sent to each other
- phone bills showing regular contact
- screenshots of your email inbox showing a selection of emails (subject line and date only) sent to each other through the course of your relationship
 - screenshots of your Skype/FaceTime/Whatsapp call/message logs showing a list of calls/message to each other through the course of your relationship

_________________________________________________ _____________________

If you didn't include enough bank statements, and/or you didn't include evidence of plans to marry and/or evidence of your relationship, the visa would have been refused anyway, even if the documents had been sent together with the application.


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Re: Settement /marriag
« Reply #6 on: March 23, 2016, 11:47:32 AM »
Wonderful information that helps a lot .I am apply for a visitors visas as we planned on a vacation
On my latest trip to England and also to gather all fiancée documents as to reapply in the the USA.
Thank you.


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Re: Settement /marriag
« Reply #7 on: March 23, 2016, 05:06:48 PM »
Hi
On the subject of sponsor's/fiancee documents were would he get the land regeslry document he
Not sure? He does have bank statements on how much money he makes on his self employment
but he doesn't always deposit all moneys as the bank isn't close by and uses cash at times.
He has a business account would a statement from his his account be helpful.
We have all the other documents we need to make a new application we hope but will be asking more question's when I do reapply.
Thanks angin for everyone's advice. 😰


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Re: Settement /marriag
« Reply #8 on: March 23, 2016, 06:47:38 PM »
He can get the land registry document here.

https://www.gov.uk/search-property-information-land-registry

In another thread you mentioned your social security entitlement.  Has it started yet?  If so, would that (with his disability benefit) be enough to meet the maintenance requirement without using your fiance's self employment income?
Self employment is the most complicated method to prove.


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Re: Settement /marriag
« Reply #9 on: March 23, 2016, 09:48:35 PM »
His income before taxes £10,530 from self employment.
His pension/benefits. £7,534.   He only started receiving the state pen. Oct 2016 the I.I.D.B.he has
for 20 years.
My pension in. £10761.91 per year social security.
With our combined pensions do we meet the adequate requirements.
I.I.D.B ( industrial injuries disablement benetfit this qualify him exempt?
My pension is for lifetime.  £896.92. Per month With yearly increase in cost of living.


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Re: Settement /marriag
« Reply #10 on: March 23, 2016, 09:57:45 PM »
If he receives Industrial Injuries Disablement Benefit, he is exempt from meeting the £18,600 requirement.

So, he just needs to show that he has at least £114.85 left over each week after paying his rent and council tax (£114,85 is what a UK couple receives in income support from the government each week).

If he wasn't receiving the IIDB, then you wouldn't quite meet the requirements using just your pensions, as £10761.91 + £7.534 = £18,295.91... which is £304.09 per year short of the requirement.


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Re: Settement /marriag
« Reply #11 on: March 23, 2016, 10:26:58 PM »
Thank you for the reply so quickly that's good news for us. I didn't include his self employment.
Witch was stated earlier on.


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