My visa was denied ;(

Please help me someone! After two years and this long visa process my visa was denied on grounds of lack of financial evidence 

My partner owns two businesses and we more than met the requirements but he isn't the best book keeper. He had the tax info and his bank statements but not all of the receipts from clients especially those who paid in cash.... We sent a long explanation of this with the visa and it was still denied.

WHAT DO WE DO.

My ticket is for tuesday are they going to let me in to appeal?? or at the very least to see my fiance who I haven't seen in months?!?!?

Please please someone help us. I am struggling to keep it together.

Very sorry to hear about the refusal.   

Do you have the letter they sent explaining the reasons?  If so, and if you are comfortable with it, you can post the exact wording (with personal details redacted) and we can offer feedback if we can.  The letters are usually worded very carefully; if we see the exact text that would be helpful.

Unfortunately, if you have a refused visa, it is highly recommended you get a visitor visa in advance before trying to enter the UK.  It's not a set-in-stone rule, but it is unlikely that someone with a previously refused visa application can enter the UK without prior entry clearance... and it being so soon and for a settlement visa, IMO, it's risky.

If the reason for the refusal is missing documentation, and it's something you can address, it will be easiest and quickest to re-apply for the visa and supply the missing documents.  An appeal is generally only successful if all the required paperwork was provided with the original application, and the ECO overlooked it.  Additionally, an appeal generally takes about a year.  So if you just need to include further evidence of finances, it will most certainly be faster to submit a fresh application.

I can scan and attach but it doesn't say anything other than we were missing evidence of the amount of tax payable, paid and unpaid for the last full financial year but WE DID. We sent the tax returns and bank statements. He doens't have receipts for everything!

How do i get a visitor visa? All the gov websites say american don't need them and there doesn't seem to be anywhere for me to explain that i have been denied entry once......

Do post the wording as it will help.

There are a few people on the forum who have been successful with the UKC being self employed.  I believe he needs a full year of audited accounts?  Not 100% sure...

Don't travel until you have a visa in advance.  You will be sent straight home if you do.  You apply the same way you applied for your fiancé visa, only for a visit visa instead.  You will need to prove strong ties to the US in order to get it though.  While you are not required an advance visa as an American, you will need one as you've had a refused visa.

Post the refusal wording.  We'll help you figure out what was missing.  Then you can reapply with everything and get your visa.   

One more question before i post the wording (still trying to figure out this stupid stupid scanner I HATE TECHNOLOGY haha)

I had purchased my ticket before we got the results .... if i purchase a ticket out of the uk airport for a few hours later to a different country in Europe (I have close family in Denmark)  and also explain that I didnt want to lose money for the ticket I had purchased.... will they let me fly from Scotland to Denmark with absolutely NO stepping foot out of the airport??

If you bypass UK immigration it should be okay.  If not, I don't know.  They may offer to escort you to your next flight?  I would imagine it will be suspicious to them.  Especially as UKVI clearly state to not book travel until you have your visa.   

Scanner is broken or im just stupid I'll type it out below....

Refusal of Entry of Clearance

You have applied for an entry clearance as a partner under the Appendix of FM of the Immigration Rule. I have considered your application under Paragraph EC-P.1.1 of Appendix FM of the United Kingdom Immigration Rules.

The Decision

EC-P.1.1(c) - Section S-EC: Suitability - Enty Clearance Requirements

Requirements Met


EC-P.1.1(d) - Section E-ECP: Eligibility for enrty clearance as a partner
Relationship Requirements
ECO Reasons for Refusal

Met


Financial Requirements
ECO Reasons for Refusal

You state on your application form that you wish to rely on your sponsors earnings from self employment. You state that your sponsor is self employed as a Painter Decorator and Locksmith. In your initial application you did not provide any supporting documents.

On September 22 2014 you were asked to provide:

Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
The following documents for the last full financial year, or for the last two such years where those document show the necessary level of gross income as an average of those two years.
Annual self assessment tax return to HMRC a copy or printout. statement of Account SA300 or SA302
Proof of registration with HMRC as self employed if available
Each partners Unique Tax Reference Number UTR and or the UTR of the partnership or business
Where the person holds or held a separate business bank account, bank statements for the same 12 month period as the tax return
Personal bank statements for the same 12 month period as the tax return showing the income from self employment has been paid into an account on in the name of the person or in the name of the person and their partner jointly.
Evidence of ongoing self employment through evidence of payment of Class 2 National Insurance contributions
One of the Following documents must also be submitted
If the business is required to produce annual audited accounts unaudited avvounts for the lat full financial year and an accountants certificate of confirmation from an accountant who is a member of a UK Recognized Supervisory Body as defined in the Companies Act 2006
A certified VAT registration and the VAT return for the last full financial year a copy or print out confirming the VAT registration number if the turnover is in excess of 79000 pounds or was in excess of the threshold which applied during the last full financial year
Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address where this is a local authority requirement or A franchise agreement signed by both parties

On 23 September 2014 you provided business bank statements and confirmation of your wedding on 28 November 2014.

Appendix FM-SE statement that the following should be provided as evidence of self employment

In respect of self employment in the UK as partner as a sole trader or in a franchise all of the following must be provided

Evidence of the amount of tax payable paid and unpaid for the last full financial year
The following documents for the last full financial year or for the last two such years where those document show the necessary level of gross income as an average of those two years.
Annual self assessment tax return to HMRC a copy or printout. statement of Account SA300 or SA302
Proof of registration with HMRC as self employed if available
Each partners Unique Tax Reference Number UTR and or the UTR of the partnership or business
Where the person holds or held a separate business bank account, bank statements for the same 12 month period as the tax return
Personal bank statements for the same 12 month period as the tax return showing the income from self employment has been paid into an account on in the name of the person or in the name of the person and their partner jointly.
Evidence of ongoing self employment through evidence of payment of Class 2 National Insurance contributions
One of the Following documents must also be submitted
If the business is required to produce annual audited accounts unaudited avvounts for the lat full financial year and an accountants certificate of confirmation from an accountant who is a member of a UK Recognized Supervisory Body as defined in the Companies Act 2006
A certified VAT registration and the VAT return for the last full financial year a copy or print out confirming the VAT registration number if the turnover is in excess of 79000 pounds or was in excess of the threshold which applied during the last full financial year
Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address where this is a local authority requirement or A franchise agreement signed by both parties

As you have only provided bank statements I am unable to ascertain your sponsors income from self employment and that you meet the minimum income threshold required.

English Language Requirements
ECO Reasons for Refusals

Requirements met




1) He does meet the requirements for financial and we sent in his tax returns to prove it
2) we sent in a letter from his accountants as well as his credentials
3) the majority of those items listed did not apply to him (and we listed all that didn't and why)
4) The documents that he listed that we sent on the 23rd was incomplete and we know they were all together in the same email....

Thoughts?

Not that it really matters but I didn't actually mean to book the flight. Basically I missed my flight home in August when I was coming back to the USA to file and it was a 1000 dollars CHEAPER to book a round trip than a one way (So weird that one ways are more expensive)

I did know not to book before I received a decision but what was the sense in wasting money haha I was hoping that if I explained that to them they might understand. Anyone who could listen to the series of events (anyone with half a brain) would have to see that this is all perfectly innocent!!! I just want to visit my fiance before we start an appeal process or a new visa Application!!!

I haven't seen him since August!!!! This is insane!!!

Ooo, wow - if your flight is a return leg I think you'll have even more trouble getting in to the UK. Not impossible of course, but another red flag. If you decide to go, make sure you have your return flight booked and be ready to provide proof of it.

The ECOs don't generally get it wrong (not saying they're perfect), so I would expend your energy on finding out exactly what you missed out in your application and get ready to reapply. People on here should be able to help.

Best of luck.

1) He does meet the requirements for financial and we sent in his tax returns to prove it
2) we sent in a letter from his accountants as well as his credentials
3) the majority of those items listed did not apply to him (and we listed all that didn't and why)
4) The documents that he listed that we sent on the 23rd was incomplete and we know they were all together in the same email....

You have to send ALL of the documents they ask for and they must match the requirements EXACTLY in order for the visa to be issued.

Explanations for why you don't have them will have no effect - the visa is about ticking boxes. He must supply each required document or the visa will be automatically refused.

Why did most of the items listed not apply to him? They should apply to all self-employed workers because those look like they are the standard tax/employment documents that you should have/file if you are self employed.

Which of those documents did you actually send when they requested them?

I did know not to book before I received a decision but what was the sense in wasting money haha I was hoping that if I explained that to them they might understand. Anyone who could listen to the series of events (anyone with half a brain) would have to see that this is all perfectly innocent!!! I just want to visit my fiance before we start an appeal process or a new visa Application!!!

I haven't seen him since August!!!! This is insane!!!

Unfortunately, it doesn't work that way (explaining and hoping they understand) - if you have a refusal for a fiance visa and then try to enter the UK as a visitor immediately after, it will look suspicious to UK immigration and may look like you're trying to use the visitor visa to live in the UK illegally because you couldn't get the visa legally. Especially if you are trying to use a return leg of a journey that started in the UK!

In order to enter as a visitor, you have to show you have NO INTENTION of living in the UK (and that you will return to the US on a certain date, by having a return ticket back there). And if you've just filed for a visa to move to the UK permanently, how can you then turn around a few days later and say you have no desire to move to the UK and have a life in the US (home and job) that will prevent you from trying to live in the UK?

You state on your application form that you wish to rely on your sponsors earnings from self employment. You state that your sponsor is self employed as a Painter Decorator and Locksmith. In your initial application you did not provide any supporting documents.

On September 22 2014 you were asked to provide:

Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
The following documents for the last full financial year, or for the last two such years where those document show the necessary level of gross income as an average of those two years.
Annual self assessment tax return to HMRC a copy or printout. statement of Account SA300 or SA302
Proof of registration with HMRC as self employed if available
Each partners Unique Tax Reference Number UTR and or the UTR of the partnership or business
Where the person holds or held a separate business bank account, bank statements for the same 12 month period as the tax return
Personal bank statements for the same 12 month period as the tax return showing the income from self employment has been paid into an account on in the name of the person or in the name of the person and their partner jointly.
Evidence of ongoing self employment through evidence of payment of Class 2 National Insurance contributions
One of the Following documents must also be submitted
If the business is required to produce annual audited accounts unaudited avvounts for the lat full financial year and an accountants certificate of confirmation from an accountant who is a member of a UK Recognized Supervisory Body as defined in the Companies Act 2006
A certified VAT registration and the VAT return for the last full financial year a copy or print out confirming the VAT registration number if the turnover is in excess of 79000 pounds or was in excess of the threshold which applied during the last full financial year
Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address where this is a local authority requirement or A franchise agreement signed by both parties

On 23 September 2014 you provided business bank statements and confirmation of your wedding on 28 November 2014.

Appendix FM-SE statement that the following should be provided as evidence of self employment

In respect of self employment in the UK as partner as a sole trader or in a franchise all of the following must be provided

Evidence of the amount of tax payable paid and unpaid for the last full financial year
The following documents for the last full financial year or for the last two such years where those document show the necessary level of gross income as an average of those two years.
Annual self assessment tax return to HMRC a copy or printout. statement of Account SA300 or SA302
Proof of registration with HMRC as self employed if available
Each partners Unique Tax Reference Number UTR and or the UTR of the partnership or business
Where the person holds or held a separate business bank account, bank statements for the same 12 month period as the tax return
Personal bank statements for the same 12 month period as the tax return showing the income from self employment has been paid into an account on in the name of the person or in the name of the person and their partner jointly.
Evidence of ongoing self employment through evidence of payment of Class 2 National Insurance contributions
One of the Following documents must also be submitted
If the business is required to produce annual audited accounts unaudited avvounts for the lat full financial year and an accountants certificate of confirmation from an accountant who is a member of a UK Recognized Supervisory Body as defined in the Companies Act 2006
A certified VAT registration and the VAT return for the last full financial year a copy or print out confirming the VAT registration number if the turnover is in excess of 79000 pounds or was in excess of the threshold which applied during the last full financial year
Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address where this is a local authority requirement or A franchise agreement signed by both parties

As you have only provided bank statements I am unable to ascertain your sponsors income from self employment and that you meet the minimum income threshold required.

English Language Requirements
ECO Reasons for Refusals

Requirements met




1) He does meet the requirements for financial and we sent in his tax returns to prove it
2) we sent in a letter from his accountants as well as his credentials
3) the majority of those items listed did not apply to him (and we listed all that didn't and why)
4) The documents that he listed that we sent on the 23rd was incomplete and we know they were all together in the same email....

Thoughts?

Which of that evidence they required, didn't you send?

I assume your fiance is registered with HMRC as SE?

No VAT because he doesn't make in excess of 79000
No National Insurance because he does not pay into his pension (he does that privately)
No Registration with HMRC because it could not be located although we sent confirmation of his Tax returns with his registration number so Im not sure why that didn't suffice
No annual audits because according to his accountant his businesses weren't independently big enough to warrant them.
He also didn't have receipts for every job completed just the money deposited into his business account.

He is an excellent worker and a very, VERY poor book keeper. But the HMRC was happy to take the taxes for his income why was that not counted???

Also.... I don't just have a one way ticket to scotland anymore I have a ticket landing me in Glasgow and three hours later flying me out to Denmark to visit family/ meet my fiance there..... am I not even allowed a layover there anymore?

Also please let me take just a minute to say thank you to those who are responding and asking questions and trying to help. i was going out of my mind a few hours ago... and just being able to even attempt at working through it as well as getting some answer and advice is so so so so helpful!!

Thank you all!

No National Insurance because he does not pay into his pension (he does that privately)

"If you work for yourself in the UK, or set up your own business in the UK, you are 'self-employed'. You must register with HM Revenue & Customs (HMRC) and pay your own tax and National Insurance."
http://www.hmrc.gov.uk/migrantworkers/self-employed.htm

The link is for migrant workers (I'm too lazy to find the uk one) but they are the same for UK citizens too.

Some more about National Insurance

https://www.gov.uk/self-employed-national-insurance-rates
and
https://www.gov.uk/pay-class-2-national-insurance

That first link to HMRC, also tells you all the things your fiance must do as a self employed person.

This is why UKVI wrote and requested that you sent them the required documents that you didn't enclose when you sent in your application.

He is an excellent worker and a very, VERY poor book keeper.

You're not kidding! Have a read through those links and then give your fiance a swift kick up the btm

There is a deadline to pay his class 2s. If he hasn't met this then he may find he has a letter from HMRC winging it's way to him. UKVI and HMRC share information.

Stay calm.  You just need to work through the list of requirements from UKVI and start ticking them off one by one.  You *may* want to consider a solicitor.  Only because it sounds like you may need assistance getting his accounts in order.  PM me and I'll recommend a good one.

I would not use the ticket.  Consider it a savings on a desired one-way.  Have your fiancé come to the US for a visit and get him straight into sorting his books out so you can get your visa.