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Topic: Settlement Refusal  (Read 21610 times)

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Re: Settlement Refusal
« Reply #105 on: June 05, 2018, 10:39:03 PM »
£150 saved!


Thank you I am going to see if my husband is convinced lol

You guys are so great for my sanity ♡ I'm truly grateful ♡

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Re: Settlement Refusal
« Reply #106 on: June 05, 2018, 10:49:18 PM »

Sent.  It’s been awhile since I’ve asked them for clarification but they “know” me.  Hopefully they will kindly give a simple answer.  Worst case scenario they say they need more info - and I’d recommend you do spend the £150 to ensure you and your husband are on the same page.





KFDancer! You have many leather bound books! And your apartment smells of rich mahogany!

But seriously, you’re awesome for going out of your way to clarify and big up to Medivisas for sharing their expertise.


...and dear god I hope someone gets my Anchorman reference 

;)
Sept 2001 - June 2006: studied at the University of Glasgow and the University of Strathclyde
Aug 2010 - Dec 2010: in UK on holiday visa
Jan 2011: issued fiancée visa
July 2011: issued FLR(M)
March 2012: DD1
June 2013: issued ILR
November 2013: DD2


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Re: Settlement Refusal
« Reply #107 on: June 05, 2018, 10:53:48 PM »
KFDancer! You have many leather bound books! And your apartment smells of rich mahogany!

But seriously, you’re awesome for going out of your way to clarify and big up to Medivisas for sharing their expertise.


...and dear god I hope someone gets my Anchorman reference 

;)
Eatoomey By the beard of Zeus, I love it!! Almost as much as I love lamp! ;)

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Re: Settlement Refusal
« Reply #108 on: June 05, 2018, 11:48:04 PM »
£150 saved!


I'm very much inclined to apply under category A, and I think my husband is leaning that way, but it's things like this that give us pause- this seems pretty clear that we would need to submit a full financial years salary along with business bank statements,  tax returns, evidence of registration with the Registrar of Company, etc. This just states that that is the case if the company that employs the UK partner is owned by the partners family and remaining shares are held by less than 5 people. That's the case with us, and it doesn't say anything about being the director,  just an employee.

Yet the ladies at Medivisas say different and so do all the wonderful people here.

Again,  why does it have to be so complicated!!

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Re: Settlement Refusal
« Reply #109 on: June 06, 2018, 07:31:52 AM »
Category A. We’ve had MANY members employed by family apply Category A with no issue.

And I have never heard of Victoria or Beth leading someone towards a refusal.

If you need to spend the £150 for peace of mind, please do.  I’m sure they will go into much more detail and explain to you.  Or contact Laura Devine’s firm.  But they will be VERY expensive.

You need to be comfortable - that’s paramount.


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Re: Settlement Refusal
« Reply #110 on: June 06, 2018, 10:54:21 AM »
The language is so subtle -- it's the bit about "and any REMAINING shares" that implies the category F applicant is a shareholder. You have to hold shares for there to be remaining shares!

They do *not* make it easy.



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Re: Settlement Refusal
« Reply #111 on: June 06, 2018, 11:55:42 AM »
The language is so subtle -- it's the bit about "and any REMAINING shares" that implies the category F applicant is a shareholder. You have to hold shares for there to be remaining shares!

They do *not* make it easy.

Ah, yes - that's the key. I knew I was missing something.

The important part is the second 'AND' in Paragraph 9a).

If you read it through again:

Quote
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b)3:
(a) The specified type of limited company is one in which:
(i) the person is a either a director or employee of the company, or both, or of another company within the same group;
AND
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin;
AND
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

So, in order to have to apply under Category F or G, ALL of the following must apply:

i) your husband is an employee of the company
AND
ii) his father holds SOME but not all of the shares in the company
AND
iii) the REMAINING shares are held by 5 or less OTHER people

So, if his father is the sole director and holds ALL the shares, then the company does NOT come under Paragraph 9a) and you can apply using Category A.


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Re: Settlement Refusal
« Reply #112 on: June 06, 2018, 11:57:25 AM »
SoonInDevon - you've got this.  Category A.  How can we build your confidence?   :D


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Re: Settlement Refusal
« Reply #113 on: June 06, 2018, 05:00:36 PM »
SoonInDevon - you've got this.  Category A.  How can we build your confidence?   :D

Thank you everyone, we just chatted and we've decided to go Category A - yay! We have everything together and we are going to try and submit in the next 2 days....so I apologize in advance for bombarding you guys with questions and panics over the next 48 hours!!


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Re: Settlement Refusal
« Reply #114 on: June 06, 2018, 05:01:38 PM »
Thank you everyone, we just chatted and we've decided to go Category A - yay! We have everything together and we are going to try and submit in the next 2 days....so I apologize in advance for bombarding you guys with questions and panics over the next 48 hours!!

Please do.  We want this for you!!!


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Re: Settlement Refusal
« Reply #115 on: June 06, 2018, 05:09:37 PM »
So here is my very long cover letter!! There were quite a few things to address, and this was mostly written by our (mostly) useless former solicitor! Any edits/suggestions are very welcome!

Please find attached to this letter the supporting papers to the application where the biometrics appointment is set for: xxxxxx

We would like to address a number of matters in this letter where the VAF4A and Appendix 2 have had inadequate space to set out the positions in those fully.

I have traveled extensively and have a very large number of visits I wish you to be aware of. You will see that I have completed fully within the VAF4A those trips to the UK and Commonwealth at pages 5 to 7 on the form.

I have answered “no” to question 37 at page 7 of the form, “Have you ever travelled outside your country of residence, excluding the UK, in the last 10 years?” We answer that here in far greater detail than was physically possible within the form, and to that end, please find attached to this letter a detailed spreadsheet containing my full travel history in response to your enquiry. It is important to explain that I have an extensive history of voluntarily assisting in humanitarian projects and operations as well as a well documented curiosity and desire to see the world. The frequence sequence of entries between Turkey and Greece is simply explained by my involvement in assisting refugees escaping war and persecution in the Middle East. In breaks from my NGO work in Greece, I transited frequently to Turkey for those breaks, staying with friends who have accomodation there. It is important to note that I had all the proper visa permissions at all times to undertake NGO work in Greece and also legitimately entered and exited Turkey at all times.

You will note that in the course of my visit to the UK between 07 July 2016 and 10 Jan 2017, I in fact overstayed that one visa by 3 days. I would like to make clear that the reason for this was being struck down with a viral infection the duration of which prevented my ability to travel on my planned date within the currency of my visa permission. As soon as I was able to travel, i exited the UK and that, just 3 days late. You will also no doubt note that my immigration history reflects a wholly compliant series of visits. I am acutely aware of visa restrictions and I respect the laws of those countries I visit at all times, including the UK. I will therefore be grateful if the small period of overstay could be disregarded please, as is within your discretion to do so.

At question 72 on page 10 of the VAF4A, I responded “no” in response to the question “Have you ever received medical treatment in the UK?” The reason for this is there remains ambiguity over the term “treatment’ in my case. 

I did access GP assistance in 2007 when in the UK on a voluntary workers visa. I was experiencing excruciating abdominal pain. The GP was unable to properly diagnose the presentation and therefore referred me immediately to a local hospital to undergo an urgent diagnostic scan. It was discovered that I would need surgery to resolve the cause of the symptoms. Once the GP delivered the full diagnosis on receipt of the results, I returned to the US where I underwent surgical intervention required to resolve my symptoms.

As that scan was carried out as a part of urgent primary care effort, urgent given potential outcomes in such presentations, my view must be that this was not “treatment” as such. This was a part of the primary care given by the GP in an emergency situation. Treatment was actually performed in the United States as is envisaged being the correct course of action for visitors to follow where that is possible.

I have declared that two passports I have in my posession: ie my current passport (#) and my spent passport (#). Please note that I also had a passport between 2000-2010, however this was retained by the US Consulate in Dublin where I had renewed it. The VAF4A does not appear to anticipate situations where the details, such as passport number and dates of issue and expiry are simply not available: thus it is the passport could not be declared here.

Please note that our first application for settlement (GWFXX) was prepared by an immigration solicitor and, due to his error, was refused. Although we clearly satisfied the relationship and suitability requirements, our solicitor failed to include the employment letter we provided him. He also failed to address slight discrepancies between payslips and salary amounts that entered my husbands accounts. These discrepancies are easily explained, and you will find they are addressed in the letter from my husband’s employer.

We would also like to point out that our refusal letter listed my husband as a salaried employee, when he is in fact a non-salaried, permanent employee.

Although my husband clearly meets the financial requirements for sponsorship, we would like to address his low pay for the months of February and March 2018. I left the UK before my visa expired in January 2018 so I could return home to the US and submit my application for settlement. My husband accompanied me to the US so he could meet my family. Due to the nature of his field of employment, he is able to take time off in the slow season and his employer allowed him approximately six weeks holiday. We were able to take this time to travel throughout the United States so he could meet not only my immediate family but various aunts, uncles, cousins, and family friends. This is why he does not have a payslip to submit for February 2018 - he was in America on holiday and therefore did not work any hours so there is no payslip to submit.


Thank you for your time and consideration. Please feel free to contact me where you require any further information, or where I can assist in any other way.

Yours Faithfully,




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Re: Settlement Refusal
« Reply #116 on: June 06, 2018, 05:12:05 PM »
I've got a LOT of comments, but am about to leave work.  I'll respond properly later.

Basically, me no likely most of the letter.   ;D


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Re: Settlement Refusal
« Reply #117 on: June 06, 2018, 05:15:40 PM »
I've got a LOT of comments, but am about to leave work.  I'll respond properly later.

Basically, me no likely most of the letter.   ;D
:)

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Re: Settlement Refusal
« Reply #118 on: June 06, 2018, 05:33:01 PM »
Ah, okay... that cover letter is way, way, way too long and includes a ton of stuff that should not be mentioned in the letter, as it is covered in the application form.

My suggestions, with comments explaining why you don't need to include stuff in square brackets.

To the Entry Clearance Officer,

Please find enclosed my application and supporting documents for a settlement visa to join my UK husband in the UK. I would like my visa to start on X date, as per the Intended Travel Date on my application form.

[You MUST tick yes to visits outside the UK on the application and list all of them in the form, or on a separate piece of paper. You don't need to include anything about visits in this letter.]

In regards to my immigration history, I visited the UK between 7th July 2017 and 10th January 2017, which meant I overstayed by 3 days. This was due to contracting a viral infection and being unable to travel on my planned travel date.

[You must tick Yes to the NHS treatment because you saw a GP and had an emergency scan. Just amend this on your application form and put the GP details. No need to mention it in the letter]

[No need to mention anything about the missing passport, as you just address that on the application form]


Please note that our first application for settlement (GWFXX) was prepared by an immigration solicitor and, due to his error, was refused. Although we clearly satisfied the relationship and suitability requirements, our solicitor failed to include the employment letter we provided him. He also failed to address slight discrepancies between payslips and salary amounts that entered my husbands accounts. These discrepancies are easily explained, and you will find they are addressed in the letter from my husband’s employer.

We would also like to point out that our refusal letter listed my husband as a salaried employee, when he is in fact a non-salaried, permanent employee. He also took a period of unpaid leave in February 2018 and therefore does not have a payslip for this month. However, as a non-salaried employee, he still meets the average income requirement over the 6 months.

The documents included in this application package are as follows:
*list all the documents*

Thank you for your time and consideration. Please feel free to contact me where you require any further information, or where I can assist in any other way.

Yours Faithfully,
Your Name


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Re: Settlement Refusal
« Reply #119 on: June 06, 2018, 05:36:48 PM »
So, in regards to your application form, you MUST answer the following questions with YES:

- travel outside the US in the last 10 years.... because you have travelled outside the US.

- receiving NHS treatment (this means any contact with the NHS at all, whether a GP, hospital, scan, medication... anything at all)

For both of these, if you tick NO, it is lying and you could be banned from the UK for 10 years for using deception in a visa application.

You also MUST declare ALL passports you have ever held. Even if you don't have the details, they HAVE to be declared - you just state that you do not know the passport number. If you don't declare them all, again, it could be considered deception.
« Last Edit: June 06, 2018, 05:38:42 PM by ksand24 »


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