Refusal of Entry Clearance for spouse visa - next steps?

Good evening.

So, after a year-plus of getting my pennies all in a stack, putting together the various and sundry documents I felt I'd need, and going through the whole rigamarole, my application was refused.

Quick background, I'm a US citizen, married to my UK husband, no criminal history between us, etc.  No children.  We met online in 2010, first saw each other in person in 2012, visited back and forth four times now for two weeks a pop with me going to the UK once and him coming here thrice.  We got married July 2015 in the US, and I've spent all of 2016 now trying to get over there.   The first four or five months of this year was waiting for his income to stabilize; he got promoted at work, which put him over the 18,600 income threshold, but they messed up his pay and they gave him separate back pay; instead of trying to explain THAT to an ECO, we just waited til he had six months of unassailable income, or about 19,500.

Though I had gotten assurances that I could do all this myself, I remained skeptical, figured it was 50/50 if I'd get in or get tossed on a technicality.  But I was still pretty devastated this week when I got back my empty passport and the refusal letter.

The specific reasons for refusal were Section E-ECP, with the relevant passage, "It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there would be evidence of regular contact, signs of companionship, emotional support, affection and abiding interest in each other's welfare and well being throughout the entire duration of your relationship.  The photographs provided are of your wedding [[ and selfies from all our other trips.. ]] and the time your sponsor has spent in the US.  The only evidence of your sponsor being in the US is for your wedding.  I would expect to see photographs showing other stages of your relationship and of the times you state you have seen each other."  Now, I didn't include more than a half dozen photographs, since it appeared you didn't have to show them every one of your partner's toenail clippings if you were actually provably married.  But I did show them the wedding certificate and labeled every photograph I included.  That said, since we got the news, we mined about 8MB of chat logs and a half gig of trip photographs (though not many of us together in the same frame, there's at least some context), flight confirmations, etc., and I can mail them a whole box full of lovey-dovey if they really want it.  I see from another post or two here that's not recommended, but clearly I have already done the 'too little' route..

The other reason for refusal was because I didn't see that I had to include not just an employment letter and pay stubs, but also bank statements proving that the money actually went into an account.  Other than being flabbergasted that they needed all three, I get it.  I can get those from my husband.  My fault.

All in all, I must say, first dealings with the UK government, not highly recommended.  The person who wrote this document had all the charm of the sauciest motor vehicles clerk I've ever dealt with stateside.  ("I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to the US to be with the applicant."  Reeeeally?)  But!  He or she was doing her job.  Now I need to know where I could go from here.

Question 1.  The end of the letter suggests I could appeal with an attached IAFT-6 form, which they did not attach.  Looking it up online, it appears I can only appeal on human rights grounds, which seems an unlikely path since I'm applying from a beacon of hope and freedom.  Can I appeal in this way?  And if so, is it better to do that, or simply reapply?  I have seen horror stories of months/years of appeal limbo.

Question 2.  Can I please have a lawyer?  Doing these forms and putting this all together by myself has been terrifying, it didn't end well, and if I'm going to be another $1600 in the hole, I'd at least like a second pair of eyes to make sure I'm not going to just get my heart broken again by some other ECO.

Thanks for your time!

My heart goes out to you DTW!  I am terribly sorry to hear that your visa was refused.  Unfortunately, this is our first experience with a spousal visa too so I am not the best person to advise since we are still waiting on our decision email/documentation to be returned.  More experienced members in the forum will be able to provide better insight though, so you are coming to the right place for support!

I am fearing that we are going to be refused on the same basis too - lack of relationship evidence.  I'd be interested in learning from what others may be able to share with you.

Really sorry that I can't be of more help at this stage but just wanted to let you know that you are not alone and that if anyone can make a success of your second round, it'll certainly be from the knowledge and experience from many of the members in this forum.  You will get there eventually - hang in there and don't lose hope!

I'm so sorry to hear that you've been refused. I had a similar issue when my husband (then fiancé) and I applied for an unmarried partner visa last year. It was refused and we appealed but at the appeal we were told we were missing two pay slips and would have to reapply. I'm currently waiting to hear about the visa, and I have to say, your best bet is to seek out a solicitor who specializes in immigration. We did not the first time but I wish we had, and unfortunately the law is written by lawyers for lawyers. A solicitor will make sure every possible scrap of evidence is included and most are willing to be paid in installments if cost is an issue. Our solicitor is U.K. based. The appeal for us was a year of not being able to leave the country, not being able to make plans for the future together, a lot of tears, and a very unpleasant experience at the hearing. It was a waste of time because it's usually faster to reapply.

I hope you can get this resolved quickly, I know how hard this can be.

Erine, it sounds like your whole thing has followed a close trajectory to mine, looking at your own timeline especially.  I guess we can all be miserable together!

Sometimes it's nice to know you're not alone, even if it's an awful situation. At least we can commiserate together!

Really sorry to hear about your refusal .

But I did show them the wedding certificate and labeled every photograph I included.  That said, since we got the news, we mined about 8MB of chat logs and a half gig of trip photographs (though not many of us together in the same frame, there's at least some context), flight confirmations, etc., and I can mail them a whole box full of lovey-dovey if they really want it.

Yes, do mail them that next time (though don't go overboard with everything, just send a selection of things).

It's not the lack of photographs that are the real issue here, it's the fact that as well as 1 or 2 photographs, you MUST also include the following:

- boarding passes from trips to see each other (to show you have visited each other's countries)
- cards/letters you've sent to each other (to show you have contact while apart)
- emails, Skype logs and IM logs (to show you talk regularly while apart).

The reason they were concerned was because they thought it might be a sham marriage where you only met at the wedding and had no contact before wedding or since the wedding, and therefore, you are not in a genuine relationship.

I see from another post or two here that's not recommended, but clearly I have already done the 'too little' route..

There's a difference between sending at least 1 of all each of the required documents and not sending the required documents at all.

A marriage certificate and a couple of photos is not enough to get the visa, because you also have to show that you have visited each other's countries and have regular contact by phone/email/messenger while apart.

The other reason for refusal was because I didn't see that I had to include not just an employment letter and pay stubs, but also bank statements proving that the money actually went into an account.  Other than being flabbergasted that they needed all three, I get it.  I can get those from my husband.  My fault.

Actually this will be the MAIN reason for the refusal. The financial requirement documents are the most important part of the application and if even one bank statement is missing, the visa can be refused, regardless of whether you sent all the relationship evidence.

You MUST send every single one of the following documents, or you won't get the visa:
- 6 months of original payslips showing at least £1,550 before tax
- 6 months or original bank statements showing the deposit of every single payslip
- a letter from your employer, dated within 28 days of your online application date and stating ALL of the following:
1) his employment and gross annual salary;
2) the length of his employment;
3) the period over which he was been or was paid the level of salary relied upon in the application
4) the type of employment (permanent, fixed-term contract or agency).

Optional but recommended as they may ask for it:
- his original job contract
- his latest P60

These documents are all listed clearly on Appendix FM 1.7, page 34-35: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

And the specifics of what each financial document must contain and what format it must be in are listed in Appendix FM-SE:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

All in all, I must say, first dealings with the UK government, not highly recommended.  The person who wrote this document had all the charm of the sauciest motor vehicles clerk I've ever dealt with stateside.  ("I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to the US to be with the applicant."  Reeeeally?)  But!  He or she was doing her job.  Now I need to know where I could go from here.

It's up to you to prove it, not her to work it out. One of the things you have to show is why you are choosing to settle in the UK instead of the US. If there is a reason why the sponsor can't go to the US, it needs to be explained in the application.

For example:
- he has children in the UK to take care of
- he has a stable job in the UK, while you might not be able to support him in the US
- he is not legally allowed to enter the US for some reason (i.e. an immigration ban or criminal convictions)

Having said that, this is probably just an extra thing they tacked on to support their refusal.

- The real, main reason for the refusal will be the lack of required financial documentation.
- The next, follow-up reason will be the lack of relationship evidence.

Question 1.  The end of the letter suggests I could appeal with an attached IAFT-6 form, which they did not attach.  Looking it up online, it appears I can only appeal on human rights grounds, which seems an unlikely path since I'm applying from a beacon of hope and freedom.  Can I appeal in this way?  And if so, is it better to do that, or simply reapply?  I have seen horror stories of months/years of appeal limbo.

Don't waste your time appealing. An appeal can take up to a year to be processed and chances are it won't be successful anyway.

The only times appeals are successful are usually when you provided every single required document and the ECO in Sheffield overlooked them and made a mistake in refusing the visa. Because you didn't include a fair amount of the required documentation, and you can't normally add extra documents, an appeal is very unlikely to be approved.

Your best option would be to gather all the correct documents this time, check and double-check you have addressed every reason for refusal, and then just apply again. You could have your visa in a few weeks that way, instead of potentially battling an appeal for up to a year.

Question 2.  Can I please have a lawyer?  Doing these forms and putting this all together by myself has been terrifying, it didn't end well, and if I'm going to be another $1600 in the hole, I'd at least like a second pair of eyes to make sure I'm not going to just get my heart broken again by some other ECO.

Since your refusal was only based on a lack of documents, you still don't really need a lawyer. We can help you work out exactly what documents were missing and what you need to send this time to get an approval, without you needing a lawyer.

It's not like you don't qualify for the visa and need a lawyer to argue your case, it's simply that you didn't include all the documents to show it. So as long as you send all the required documents next time, there should be no reason to be refused.

If you do want to use a lawyer, we only recommend two on the forum:
1) Laura Devine, based in NYC and London
2) Medivisas, based in London

However, they are expensive and will set you back several hundred pounds... and we can give you all the help and advice you need in order to send the correct documents for free here on the forum.

_________________________________________________ __________________________

If it helps, this is my basic list of all the documentation you need to send in order to get a visa approval:

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/details
 
Sponsor (UK citizen)
- Certified copy of his UK passport photo page
- Sponsor letter of support for the visa, stating:
1) how he is eligible to sponsor the visa (his UK citizenship),
2) how he meets the financial requirement (which category),
3) where you will live in the UK (accommodation details),
4) a brief history of your relationship (no more than 1 paragraph, including why you are choosing to live in the UK instead of the US)
5) a list of all the documents he is including in the application package to meet the requirements he has detailed in the letter

Accommodation
If he owns:
- his land registry document
- his latest original mortgage statement

OR
If he rents:
- Original tenancy agreement
- A letter from his landlord giving you permission to live there

OR
If you are staying with family/friends:
- a letter from the homeowner giving you permission to live there and stating that the home will not be overcrowded
-  the homeowner's land registry document (can be downloaded from here for a small fee: https://www.gov.uk/government/organisations/land-registry)
- the homeowner's latest mortgage statement

Finances
Category A:
- 6 months of original payslips showing at least £1,550 per month before tax on each one
- 6 months of original bank statements showing the deposit of every payslip
- letter from his current employer stating how long he has worked there, his current salary, how long he's been earning that current salary, the type of employment
- his original job contract
- his latest P60

Relationship evidence (in order of importance)
- marriage certificate
- 1 or 2 photos of you together (i.e. one at the wedding and one earlier in the relationship)
- boarding passes from trips to see each other
- any physical letters and cards sent to each other
- 1-2 pages of 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 - especially covering the time since your wedding.
 - 1-2 pages of screenshots of your Skype/Whatsapp call logs showing a selection of calls to each other through the course of your relationship - especially covering the time since your wedding.
- 1-2 pages of screenshots of IM messages (preferably without any message content shown)

For the emails/calls/messages, you just need to show a selection covering the entire relationship. So if you've been together since 2010, you'll probably want to show evidence of communication at least once every 1-2 months for 6 years (i.e. select 12 emails/calls/messages per year and paste them together on a couple of sheets of paper)

Exactly as Ksand said, the visa was refused due to the missing required financial documents first and foremost.  BUT when they refuse a visa they have to go through a whole series of checklists to attempt to approve the visa on other grounds.  That's what's clogging the view of the refusal.

If you'd like to post the refusal (and take out the personal details), we can help you address it when you reapply.

Honestly, you don't need a lawyer.  We've helped loads of people reapply after a refusal successfully.  But of course, if you are happy to pay for one, there are a few good ones we would recommend.  It will be a large added expense though, which you do not *need* to have.

Big hugs!  Very sorry about the refusal, but we can help you come out the other side. 

KF and KS are the best out there. I feel for you though- I went through the same thing that you are, and I ended up appealing. I faxed whatever I thought would make a difference, and I wrote a letter that responded to each of the ECO's concerns. I used the tone that they did, and I just stated facts as they were. I didn't make it emotional in any way.  A fee and 8 months later, it was approved. But as stated before, if you reapply it will/should be much faster. The only good news about after you get this visa and you relocate to the UK, the next one you get is so much easier and clearer. I'm not always bright, but KFdancer and KSand definitely provided reassuring advice.

All in all, I must say, first dealings with the UK government, not highly recommended.  The person who wrote this document had all the charm of the sauciest motor vehicles clerk I've ever dealt with stateside.  ("I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to the US to be with the applicant."  Reeeeally?) 

Don't get upset by that wording as it is standard wording they now have to use if someone is refused. They seem to use the same wording for failed applications from inside or outside the UK. My understanding is that this is part of the human rights bit they now have to state.

The UK closed down the easy ways to stay if they didn't follow UK immigration laws for a visa as others do, or don't follow EU treaty rights to be in the UK.

Those with no right to be in the UK and whose life wouldn't be in danger if they were deported home, then used the Human Rights Act to try to extend their legal stay. The UK then shut down that abuse with changes to EU laws in the UK and two new Immigration laws in 2014 (for those who were on points based visas) and in June 2016 for everyone else.

It's just words they must now use to show they have taken their human rights into consideration under these new laws. By doing so they can then use the new 'deport first, appeal later' by stating that they will only allow an appeal from outside the UK and can then issue 'liable to be detained' and reporting notices to any non-EEA citizens  - and just remove the EEA citizens back to their own EEA country under EU laws.

Yeah. I got one of those letters myself back in 2013, they really make you feel like absolute crap. The writing style is just governmental and lacks any emotion, please don't take it to heart. I remember the letter feeling like the most soul crushing and disheartening thing. You deserve a good cry, it's so very disappointing.

As others have said, the reason you didn't get your visa was due to the missing bank statements, not the lack of photographs. If you had supplied the bank statements you would have received the visa. They are required documents because the UKVI needs proof that the pay stubs' listed income is being deposited into an account controlled by your sponsor.

I know it's a major disappintment and such a huge pain in the butt. On the positive side, atleast you know exactly what you need to reapply. UKVI is good for that.

My thoughts are with you.

KF and KS, you have definitely been a big help already.  I expect I will be trying to reapply in the next couple weeks or so, but instead of putting a date on that, I'm going to just get the docs together as expediently as possible and then re-evaluate.

As lyonaria mentioned, a cry was apparently in order for this morning -- something about getting thrown into limbo and then having to get back to work, at a stressful but higher-paying job I took two years ago specifically to save money for this move.  Heh.  That and having trouble sleeping over it, and cue the waterworks.

I scanned in the refusal letter.  Can't help but laugh, they literally used newsprint and couldn't spare so much as a staple to hold it together.  Cold as ice.  But it could be worse.

Yeah, that's the UKVI's official paper.  Nice, isn't it?  I figure it must be almost some type of security paper so they know it's from them.  While I've not looked, it may have a watermark.  But hey, when you move here, it's easy to tell if the letter you received is from them! 

Without question the big issue was not submitting bank statements.  They want to see the bank statements that show all 6 payslips being deposited into the account.  Just one of their rules.

For relationship evidence, I know you provided pictures and boarding passes.  Did you provide evidence of how you communicate on a daily basis?  Either phone records (Facetime, Skype, Viber) or WHATSAPP?  The letter reads like that wasn't included.

If so, those are literally the only two items you missed.

I don't think you'll have any issues reapplying (with the exception of having to pay again) and being successful the next go around.  I really wouldn't worry about a lawyer.  Seriously, we'll help you.  And I wouldn't say that if I wasn't fully confident.  We had a member recently where I really tried to convince him to use a lawyer (had a refusal but under a much harder category).  He chose not to use a lawyer, trusted us, and stuck with what we said and he got his visa last week.   

I would use the list ksand attached as your starting point.  I would also recommend adding a bit more relationship evidence for the next application.  You'll also include the refusal paperwork from this visa, so they'll understand why your application is a bit heavier. 

You can do this!  But you are 100% allowed to have a pity party for a few days. 

I really appreciate the advice, you guys, and I'm feeling a little more like a human being.  You collectively are the best.

I thought of a few questions today as I was mentally gearing up to start this over again, that I'd like to run past.

1. The financial requirement you mention, KS, "6 months of original payslips showing at least £1,550 per month before tax on each one" -- my husband Chris is salaried, but he's paid every four weeks (so, 13 paychecks per year, not 12).  His absolute lowest check is 1,444.85.  That's 18,783 if multiplying by 13. Are we square there then?  Should he mention something in his letter reminding them to observe the pay dates, or include the last 13 checks, or..?

1a.  If it's not enough, I have a bit over $30k US saved up, which I can prove I've solely held in cash savings account at a credit union for over 6 months, to put us over the top.  Should I report this regardless, or leave it out as his income is going to be sufficient?  (One nice thing about Brexit, that sum keeps being worth more..)

2. Just as a general procedural thing, I saw that Chris could send in his supporting documents separately, but they also appear to state that they accept copies.  So I had him scan his documents, the ones that weren't already electronic from the source, and printed them on my end to send them a single stack.  Is that kosher?

3. Etc.

The more I've mulled over the information I've received here, and looked at KS' required document list,  the more convinced I am that my ECO was trying to cut me a break and couldn't.  For example, I didn't have the mortgage document for the house I'll be staying in, merely the letter of permission from the owner (mutual friend of Chris and I) and they didn't say anything about it.  It's definitely going in this time.

4. Oh yeah.  I don't have boarding passes, but I do have email confirmations from Delta for all the trips we've taken.  Is this sufficient, and if not, .. well, I suppose I can just ask Delta if they can hook me up.  The emails are headed 'Your itinerary and receipt', have the flight and ticket numbers, dates and times, and they were all nonstop -- DTW, to LHR(tm).  (or vice versa.)

1. For Category A, what they will do is take the lowest payslip from those 6 months and multiply it by 12.
£1,444.85 x 12 = £17,338.20
Which means a visa refusal under Category A.

If his paycheques vary, an alternative might be to apply under Category B, where he needs to show his current fixed salary is £18,600 or more AND that he earned a minimum of £18,600 before tax in the previous 12 months.

1a. No, don't report it regardless if he meets the requirement anyway, but if he doesn't, then you can use the savings and apply under both Cat A or B and Cat D.

If they use the £17,338.20 figure then you will need £19,154.80 in savings to meet the requirement. Currently, $30,000 is worth about £24,000 or so.

2. Firstly, all your application forms and documents must arrive in the same package or they cannot be considered.
Secondly, scanned copies will not be accepted. EVERY single document must be either original or certified. If they are electronic (payslips or bank statements) they must be stamped/signed on every page by the bank/company and sent by mail (no scanning). Scanned/photocopies documents can result in a refusal unless they contact you to ask for the originals.

3. yes, they try to approve you if possible, but they have to tick every box to show you have every required document. If even one document is missing, they will have no choice but to refuse the visa.

The mortgage statement is not mandatory, just a good idea.

You need to show:
- they own the house (Land Registry document)
- they give you permission to live there and it won't be overcrowded (the letter)
The mortgage statement just shows they are actually paying for the house and aren't going to default on the mortgage.

4. Boarding passes are best as they show you actually got on the flight. If you don't have boarding passes, the e-ticket is the next best thing. You could maybe include an extra photo of you together on the trip to show you actually travelled.


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Is the payslip for £1,444 gross or net?