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Topic: Re-Applying for Visa  (Read 1336 times)

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Re-Applying for Visa
« on: December 21, 2012, 02:58:16 AM »
My spousal visa was recently refused, so I am reapplying (having hopefully provided more proof this time to substantiate my claim). Is there anything else I need to do different in respects to the application process? I assume even my biometrics must be redone, even though they were just sent in two months ago? Any help or advice would be much appreciated.

-Chris


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Re: Re-Applying for Visa
« Reply #1 on: December 21, 2012, 03:11:33 AM »
What was the reason for the refusal?


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Re: Re-Applying for Visa
« Reply #2 on: December 21, 2012, 04:52:08 AM »
What was the reason for the refusal?

The ECO has refused my application, stating that we have failed to prove the complete amount of 18,600 for required sponsor's income (we were about 2,000 short in evidence) My wife works several jobs as an independent contractor, making employer statements difficult, but we now believe we have enough evidence to prove the full amount.


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Re: Re-Applying for Visa
« Reply #3 on: December 21, 2012, 08:53:47 AM »
My spousal visa was recently refused, so I am reapplying (having hopefully provided more proof this time to substantiate my claim). Is there anything else I need to do different in respects to the application process? I assume even my biometrics must be redone, even though they were just sent in two months ago? Any help or advice would be much appreciated.
Yes, you will need to do everything again from scratch. Nothing different with respect to the application process, other than disclosing/explaining that you have a visa refusal and making sure you provide all the evidence that you meet the requirements.

Biometrics must be taken for every single visa application you make - this is so that they can check you are the same person who has applied each time and to make sure the photo/info is up to date.... they aren't going to dig out your last biometrics, you have to provide them with new ones.

The ECO has refused my application, stating that we have failed to prove the complete amount of 18,600 for required sponsor's income (we were about 2,000 short in evidence) My wife works several jobs as an independent contractor, making employer statements difficult, but we now believe we have enough evidence to prove the full amount.
Before you apply, you should check the exact documents required very carefully and make sure they meet the specifications, as they are strict about the exact evidence that you must send (and you don't want to risk a second refusal by not sending the correct information).

If you haven't already read it, I would look at Annex FM 1.7 (on this page: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/) which lays out all the ways to meet the requirements and the specific documents that must be sent:

Quote
2. In respect of salaried employment in the UK, all of the following evidence must be provided:

(a) Wage slips covering:
   (i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
   (ii) any period of salaried employment in the period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) confirming:
   (i) the person's employment and gross annual salary;
   (ii) the length of their employment;
   (iii) the period over which they have been or were paid the level of salary relied upon in the application; and
   (iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

In addition to the evidence listed above P60(s) (if issued) and a signed contract(s) of employment may also be submitted in respect of salaried employment in the UK. If they are not submitted then the caseworker may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met or they may ask for the documents to be submitted.

And more information about what the documents must contain is here:
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/


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Re: Re-Applying for Visa
« Reply #4 on: December 21, 2012, 09:32:58 AM »
It's not clear that the rules make any allowance for income from different jobs, so please let us know if you are successful with your second application.  Your strategy will be helpful for future applicants.  Good luck!
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Re: Re-Applying for Visa
« Reply #5 on: December 22, 2012, 03:22:20 AM »
Thank you all for your help. We are now in the process of trying to accumulate as much extra evidence as possible.

Does anyone know how the ECOs make their refusals? Is it possible that there could be more wrong with my original application, but the financial claim was only the first item they came across? Or do they go through the entire bundle and list every single misstep if there are indeed multiples? I only received the one reason, so I'm just trying to determine if that truly was the only point for refusal.

-Chris


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Re: Re-Applying for Visa
« Reply #6 on: December 22, 2012, 10:04:34 AM »
I believe they still go through the whole application.  If you make an appeal (or reapply), you'd need to be able to address all the issues you were refused on.
July 2012 - Fiancée Visa | Nov 2012 - Married
Dec 2012 - FLR | Nov 2014 - ILR | Dec 2015 - UK Citizen


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Re: Re-Applying for Visa
« Reply #7 on: December 22, 2012, 10:15:30 AM »
Does anyone know how the ECOs make their refusals? Is it possible that there could be more wrong with my original application, but the financial claim was only the first item they came across? Or do they go through the entire bundle and list every single misstep if there are indeed multiples? I only received the one reason, so I'm just trying to determine if that truly was the only point for refusal.

They go through the whole application and then the refusal letter will list all the reasons for refusal.

In some cases they will actually list smaller, less important reasons for the refusal to back up the main reason... so they are often quite picky and will list as many reasons as possible for the refusal, even if those reasons would not be that significant on their own.

So, if your letter only listed the finances, then that will be the only reason for the refusal.


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Re: Re-Applying for Visa
« Reply #8 on: December 22, 2012, 06:00:00 PM »
That is reassuring! Thank you so much. We'll just focus on the finances this next time then.


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