Hi Everyone
So I’m seeing a lot of approvals coming through of applications made around the same time as us (yay!) but now I am a bit worried that we have not received a decision and my mind is working overtime!
We do have a couple of complicating factors, being that my husband was refused a previous spouse visa due to being in-country and I was unable to provide company bank statements for the full 12 months because while my company was set up in Dec 16, I did not have my bank account set up until the end of Feb 17. So I only provided company bank statements from Mar 17 to Dec 17. Prior to that I was operating through an umbrella company and had a salary paid into my personal bank account. I provided payslips from the umbrella company from Dec 16 to Feb 17 and personal bank statements from Dec 16 to Dec 17.
We explained all of this in our initial application but UKVI still asked for the company bank statements from Dec 16 to Feb 17 and we responded on Friday 26 Jan 18 by providing letters from my company bank confirming when I opened the account. We requested that the UKVI exercise evidentiary discretion on the basis that I comfortably meet the financial requirement based on either: (i) salary and dividends between Mar 17 to Dec 17 which can be shown from my company’s annual accounts and my company tax return which has been filed with HMRC; or (ii) salary from Dec 16 to Dec 17.
We provided all other docs required under Category F with our initial application and we meet all other requirements. I also have a daughter (who is a British citizen) who my husband has been step-father to since August 2014 and we have made submissions on grounds of Art 8 ECHR (i.e. best interests of the child).
Does anyone have any idea whether, in these circumstances, the UKVI could (or would) refuse our application solely on the grounds of the fact that company bank statements between Dec 16 and Feb 17 do not exist? Technically, we have provided all company bank statements that exist for the period Dec 16 to Dec 17.
Any thoughts welcome!
Sorry if this should’ve gone in a different thread. I’m still learning the ropes!