Settlement Refusal

So my settlement visa was denied today. We are absolutely devastated. There were some errors with payroll and 2 of my husband's paychecks didn't match with his deposits- one for a few pounds and one for a penny. We did hire an immigration lawyer- what a mistake! We told him about the discrepancies but he didn't address it in our application. I really wish we would have found this site first 

Fortunately the months in question are no longer in the 6 month range so our plan is to reapply this week, pay for priority, and hope for the best.

If anyone has any advice (except get your money back from your lawyer, we definitely plan on pursuing that!) we would greatly appreciate it!!

So my settlement visa was denied today. We are absolutely devastated. There were some errors with payroll and 2 of my husband's paychecks didn't match with his deposits- one for a few pounds and one for a penny. We did hire an immigration lawyer- what a mistake! We told him about the discrepancies but he didn't address it in our application. I really wish we would have found this site first 

Fortunately the months in question are no longer in the 6 month range so our plan is to reapply this week, pay for priority, and hope for the best.

If anyone has any advice (except get your money back from your lawyer, we definitely plan on pursuing that!) we would greatly appreciate it!!

Post the refusal reasons verbatim so the experts here can make sure that is the only reason why you were refused. Redact any personal information.

Sent from my SM-G950F using Tapatalk

Post the refusal reasons verbatim so the experts here can make sure that is the only reason why you were refused. Redact any personal information.

Sent from my SM-G950F using Tapatalk

I can't seem to find a way to upload an attachment. Any advice?

So sorry to hear about your refusal .

I can't seem to find a way to upload an attachment. Any advice?

Do you have the Tapatalk app on your phone? It’s really easy to upload attachments if you post on the forum through Tapatalk... you just press the photo button and select the picture you want to include.

Alternatively, if you’re on the main site, there’s an attachment button underneath the text box when you compose a new post.

Another option is to upload the photo to a photo hosting site and then insert it as an image through the main site.

However, most people just type out the refusal letter in full in the text box and post it that way.

Whichever you do, make sure you black out/delete personal information (names, addresses etc.).

Here’s what the attachment box looks like on the main desktop site (though I’m attaching it using Tapatalk):



Sent from my iPhone using Tapatalk

So sorry to hear about your refusal .

Do you have the Tapatalk app on your phone? It’s really easy to upload attachments if you post on the forum through Tapatalk... you just press the photo button and select the picture you want to include.

Alternatively, if you’re on the main site, there’s an attachment button underneath the text box when you compose a new post.

Another option is to upload the photo to a photo hosting site and then insert it as an image through the main site.

However, most people just type out the refusal letter in full in the text box and post it that way.

Whichever you do, make sure you black out/delete personal information (names, addresses etc.).

Here’s what the attachment box looks like on the main desktop site (though I’m attaching it using Tapatalk):



Sent from my iPhone using Tapatalk

Thank you, for some reason that box isn't showing up when I use my phone or tablet. I will try Taptalk and see if that works!

Thank you, for some reason that box isn't showing up when I use my phone or tablet. I will try Taptalk and see if that works!

It might be that you need to have made a certain number of posts in order to be able to use the attachment button (I think maybe 25 posts? You’re at 24 at the moment).


Sent from my iPhone using Tapatalk

So my settlement visa was denied today. We are absolutely devastated. There were some errors with payroll and 2 of my husband's paychecks didn't match with his deposits- one for a few pounds and one for a penny. We did hire an immigration lawyer- what a mistake! We told him about the discrepancies but he didn't address it in our application. I really wish we would have found this site first 

Fortunately the months in question are no longer in the 6 month range so our plan is to reapply this week, pay for priority, and hope for the best.

If anyone has any advice (except get your money back from your lawyer, we definitely plan on pursuing that!) we would greatly appreciate it!!

I am so so sorry.  That would have been so easy to address in the original application.  If your husband's company had just explained the error in a letter and everything lined up with HMRC - you'd be sitting there with a very pretty sticker in your passport.

Do try to get the entire refusal loaded though.  Sometimes they are a bit hard to "see the tree for the forest" and we are used to being able to determine if that was the only reason for refusal or not. 

First post...

That's terrible news...

It just seems so unfair to refuse the visa for that reason.  Clearly, they had no trouble in matching up the payslip to a credit on the bank statement, so what does it matter if there's a penny (or even a couple of pounds) discrepency?  They can see who sent it and whose account it went into.  So, if the number is over the amount required, then that's surely the box ticked?

Rejecting it for reasons on the periphery just does not seem in the spirit of what the financial requirement check is there to do.

I guess I just struggle to understand this sort of thing, but I can absolutely understand the anguish and frustration suffered by those on the wrong end of it.

I have an application in at the moment for my spouse.  Still early days (just 10 BD since document submission to Sheffield), but I'm getting quite nervous now reading terrible stories like these.

I really hope you get this sorted out, SoonInDevon.

Tim

First post...

That's terrible news...

It just seems so unfair to refuse the visa for that reason.  Clearly, they had no trouble in matching up the payslip to a credit on the bank statement, so what does it matter if there's a penny (or even a couple of pounds) discrepency?  They can see who sent it and whose account it went into.  So, if the number is over the amount required, then that's surely the box ticked?

Rejecting it for reasons on the periphery just does not seem in the spirit of what the financial requirement check is there to do.

I guess I just struggle to understand this sort of thing, but I can absolutely understand the anguish and frustration suffered by those on the wrong end of it.

I have an application in at the moment for my spouse.  Still early days (just 10 BD since document submission to Sheffield), but I'm getting quite nervous now reading terrible stories like these.

I really hope you get this sorted out, SoonInDevon.

Tim

It makes complete sense for them to refuse in this case.  The documents didn't line up.  But without an explanation being provided for the discrepancy, they had no option but to refuse.

A simple statement from the company explaining what happened would have prevented the refusal.  But without that - how is UKVI to know that everything is above board?

First post...

That's terrible news...

It just seems so unfair to refuse the visa for that reason.  Clearly, they had no trouble in matching up the payslip to a credit on the bank statement, so what does it matter if there's a penny (or even a couple of pounds) discrepency?  They can see who sent it and whose account it went into.  So, if the number is over the amount required, then that's surely the box ticked?

Rejecting it for reasons on the periphery just does not seem in the spirit of what the financial requirement check is there to do.

I guess I just struggle to understand this sort of thing, but I can absolutely understand the anguish and frustration suffered by those on the wrong end of it.

I have an application in at the moment for my spouse.  Still early days (just 10 BD since document submission to Sheffield), but I'm getting quite nervous now reading terrible stories like these.

I really hope you get this sorted out, SoonInDevon.

Tim

Welcome to the forum, and welcome to the UKVI experience.  The spouse/partner settlement visa is a tick-box visa.  If you meet the requirements (and provide the right evidence to show that), you will get your visa.  But UKVI are very particular about the evidence, unfortunately.

The purpose of the bank statements is to further verify the payslips (along with the required employer letter, the optional-but-recommended P60, and the optional-but-recommended employment contract).  If the deposits on the bank statements don't match the pay in the payslips, then UKVI question the veracity of the payslips.  As the others have said, with no explanation for the discrepancy anywhere in the application, the application would be refused.  I would think that in this case they would have needed the explanation included in the letter from the employer.

It makes complete sense for them to refuse in this case.  The documents didn't line up.  But without an explanation being provided for the discrepancy, they had no option but to refuse.

A simple statement from the company explaining what happened would have prevented the refusal.  But without that - how is UKVI to know that everything is above board?

Well, I'm not a lawyer or a border control officer.  And, from lurking on this forum for the past few days, I appreciate you have a great deal of expertise in these things, KFDancer. 

It's just that if I had a letter from the employee confirming a sponsor's employment and salary, plus six payslips and six months' bank statements showing the flow of money between the two parties in excess of the minimum requirement, then, yes, I'd be satisfied that the financial requirement had been met.

Two months not being an exact match wouldn't throw anything into doubt if the amounts were otherwise clear of the minimum.  And, if it did, I'd confirm with HRMC.  At the very least, I'd reach out to the applicant to clarify the discrepency.  As you indicate, a statement from the employer could have dealt with this very quickly.

But, just rejecting it out of hand?

It just seems a bit mean-spirited to me. 

Tim

But, just rejecting it out of hand?

It just seems a bit mean-spirited to me. 

Tim

I hear you.  And I get you.  I really do.  But UKVI isn't allowed to have any emotion.  And often times, it seems they aren't allowed any common sense either.

I think the refusal we have seen that upset me the most was a member who had no included an old divorce decree.  "Therefore UKVI was not satisfied that her current marriage was legal."  I mean... come on!  The divorce and second marriage were in the USA - not exactly a country riddled with a reputation of corrupt documentation.  We all know that that member could not have remarried without proving they were divorced from their first spouse. 

But instead of requesting the divorce decree from the applicant, they refused the application all together.

We've also seen refusals where they don't believe the relationship was genuine and the couple had three children together!

BUT - all that being said, 95%+ of applications from the USA are approved.  Refusals are usually down to misinterpretation of the requirements. 

Welcome to the forum, and welcome to the UKVI experience.  The spouse/partner settlement visa is a tick-box visa.  If you meet the requirements (and provide the right evidence to show that), you will get your visa.  But UKVI are very particular about the evidence, unfortunately.

The purpose of the bank statements is to further verify the payslips (along with the required employer letter, the optional-but-recommended P60, and the optional-but-recommended employment contract).  If the deposits on the bank statements don't match the pay in the payslips, then UKVI question the veracity of the payslips.  As the others have said, with no explanation for the discrepancy anywhere in the application, the application would be refused.  I would think that in this case they would have needed the explanation included in the letter from the employer.

Thanks for the welcome, jfkimberly. 

I suppose I could understand the question mark over the payslip if they were radically different.  But a penny and a couple of quid seems too trivial to set off the alarm bells.  Were all the other slips OK (and they would of course be originals, or confirmed to be genuine via stamps / signatures), then I'd assume the difference was down to a quirk in the payment system before reaching any other conclusion.

I guess what I'm saying is that it seems a little overly, er, tick-boxy.

Now, I would much rather a tick-box system than a judgement-call system, but even so...

Regards,

Tim

Well, I'm not a lawyer or a border control officer.  And, from lurking on this forum for the past few days, I appreciate you have a great deal of expertise in these things, KFDancer. 

It's just that if I had a letter from the employee confirming a sponsor's employment and salary, plus six payslips and six months' bank statements showing the flow of money between the two parties in excess of the minimum requirement, then, yes, I'd be satisfied that the financial requirement had been met.

Two months not being an exact match wouldn't throw anything into doubt if the amounts were otherwise clear of the minimum.  And, if it did, I'd confirm with HRMC.  At the very least, I'd reach out to the applicant to clarify the discrepency.  As you indicate, a statement from the employer could have dealt with this very quickly.

But, just rejecting it out of hand?

It just seems a bit mean-spirited to me. 

Tim

The rules are the rules unfortunately. In some cases the ECO has the option to exercise discretion but they are under no obligation to do so. The onus is on the applicant to prove that they meet the exact criteria set. It's not just about making the right amount of money (and meeting the other requirements), it's about proving that you do within a very strict set of guidelines.

Welcome! 

I hear you.  And I get you.  I really do.  But UKVI isn't allowed to have any emotion.  And often times, it seems they aren't allowed any common sense either.

I think the refusal we have seen that upset me the most was a member who had no included an old divorce decree.  "Therefore UKVI was not satisfied that her current marriage was legal."  I mean... come on!  The divorce and second marriage were in the USA - not exactly a country riddled with a reputation of corrupt documentation.  We all know that that member could not have remarried without proving they were divorced from their first spouse. 

But instead of requesting the divorce decree from the applicant, they refused the application all together.

We've also seen refusals where they don't believe the relationship was genuine and the couple had three children together!

BUT - all that being said, 95%+ of applications from the USA are approved.  Refusals are usually down to misinterpretation of the requirements.

Thanks for understanding my point of view.   

I am obviously approaching this from quite an emotional position as I have an application pending myself with a long time left to wait.  I know how devastated I would be (or may end up being) if my application was rejected for a reason such as this - which I'd personally put in the low-level, trivial bucket - without anyone even reaching out for clarification.

Tim