Settlement Refusal

KFdancer

I am getting really nervous after reading all this nonsense..
What do you think of my case then?
I legally divorced my previous husband on 11/29/2016 but I met my current one
while we were separated (August 2016) so we started seeing each other a little before my divorce was legally finalized.
Are they going to say my relationship is not legit?

Nope, you’ll be fine. Plenty of people have started a relationship with their sponsor before their divorce has been finalised. In fact, in some cases they end up having to wait until the divorce papers come through before they can apply for the visa.

It’s a tick-box visa... in the case KFDancer was talking about, that person’s visa was refused simply because Sheffield couldn’t tick the box to say they’d seen the divorce decree. It was a case of there being a missing document which meant they weren’t allowed to issue the visa, not a case of them personally not believing the marriage was real.

In other words, as long as you include the divorce decree, there’s nothing to worry about.


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One more question, do you think it is worth paying for priority service when we reapply? I don't want to pay extra if it won't help expedite anything bc of a previous refusal!

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One more question, do you think it is worth paying for priority service when we reapply? I don't want to pay extra if it won't help expedite anything bc of a previous refusal!

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If you can afford it, I would use priority - because Priority gets your application put to the front of the line before they even look at it... which means they won’t know you have a previous refusal at the time the Priority Service is applied.

Basically, even with a refusal, Priority can still reduce your processing time by up to a couple of months (especially during summer months), simply because you are skipping much of the queue. It may still take a bit longer than an application without a refusal, but using priority will still be quicker than not using it.

I know they don’t advise using Priority if you have a refusal, but that’s only Sheffield covering themselves so you can’t complain if it takes longer than expected.


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If you can afford it, I would use priority - because Priority gets your application put to the front of the line before they even look at it... which means they won’t know you have a previous refusal at the time the Priority Service is applied.

Basically, even with a refusal, Priority can still reduce your processing time by up to a couple of months (especially during summer months), simply because you are skipping much of the queue. It may still take a bit longer than an application without a refusal, but using priority will still be quicker than not using it.

I know they don’t advise using Priority if you have a refusal, but that’s only Sheffield covering themselves so you can’t complain if it takes longer than expected.


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Thanks very much for the advice!

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If you can afford it, I would use priority - because Priority gets your application put to the front of the line before they even look at it... which means they won’t know you have a previous refusal at the time the Priority Service is applied.

Basically, even with a refusal, Priority can still reduce your processing time by up to a couple of months (especially during summer months), simply because you are skipping much of the queue. It may still take a bit longer than an application without a refusal, but using priority will still be quicker than not using it.

I know they don’t advise using Priority if you have a refusal, but that’s only Sheffield covering themselves so you can’t complain if it takes longer than expected.


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Also, your visa was refused for not including the employment letter.  It's not a complex refusal.  While it may take a teeny tiny bit more time to process than someone without a refusal, it's really not going to lengthen your wait. 

Just be sure to include the refusal paperwork with the new application and address in your cover letter how you have corrected the reason for the refusal - and Bob's Your Uncle!

We paid for priorty after a refusal on our 1st application due to oversight on my part regarding the financial requirements. 2nd application was approved with lots of help from ksand24, KFdancer, larrabee, and others here on the forum. You’re in good hands if you follow everything they tell you! Good luck!


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I used priority after the first refusal, and it took 32 business days (43 business days for the first application).

KFdancer ,Larrabee

I think I posted a message last night in attempt to "quote" and "tag" but it obviously failed. I don't see my message.

I am starting to feel unsettling about their filter of assessment

I met my current British husband in Aug 2016. My divorce got legally finalized on Nov 2016. So technically we started seeing each other while I was legally married.

Will they make a big deal out of this?

If they think 3 children together is not a genuine marriage, I have no clue what else they would be dismissive about.

No, that is ABSOLUTELY fine.  Divorces take ages.  Many people start a new relationship before the divorce is finalized.  And we all know someone who's relationship started before the marriage was finished.   

For the case I was referring to, they needed to tick the box that they had seen the divorce decree.  They couldn't tick that box - so interpreted it as not a genuine marriage.   

And sadly, children don't prove a relationship in UKVI's eyes.  UKVI want to see documentation that you've been living together.

You are 100% fine.  You have NOTHING to worry about.  I promise!

KFdancer ,Larrabee

I think I posted a message last night in attempt to "quote" and "tag" but it obviously failed. I don't see my message.

I am starting to feel unsettling about their filter of assessment

I met my current British husband in Aug 2016. My divorce got legally finalized on Nov 2016. So technically we started seeing each other while I was legally married.

Will they make a big deal out of this?

If they think 3 children together is not a genuine marriage, I have no clue what else they would be dismissive about.

You are fine! 
Part of assessing the relationship requirement is that it's genuine, and part is that it's legal.
There is nothing illegal nor non-genuine about starting a relationship with another person before your divorce was final.
Now if you had managed to get married again before then, then that's another story! 

So my husband rang our solicitor to see about getting our paperwork back and next steps. He said he's happy to help us reapply....for an additional fee of £2000!!! Needless to say that won't be happening! We are going to do it ourselves...with help from you lovely people of course 

Right now our biggest priority is getting our new application in asap,  before the summer rush hits. I've filled our the application online and my husband is arranging for our paperwork to be returned next day post. 

Is a letter from both the employer and accountant addressing the payroll discrepancies, and an explanation that our lawyer failed to send the provider employment letter sufficient? Is there anything else we should add to our new application?

We will also address my husband's low pay for Feb and March- he travelled with me to America to meet my family so he has 0 hours in Feb and only a few in March. He still meets the financial requirements however.

Our hope is to submit online tomorrow to get the quickest biometrics appointment, and also to pay for priority service.

Any thoughts, recommendations, or suggestions are greatly appreciated ♡

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What are the exact date ranges of payslips?
What are the exact date ranges of bank statements?

I believe you've said he's not-salaried, correct?  Hourly wage?

Are you comfortable reapplying with Category A?

And I'm sorry - I am shocked and amazed at your lawyer's nerve.  Have you directly asked him about the employment letter?

Did you contact Medivisas for reassurance?

I know you want to get everything in again ASAP, but take a bit of time with this.  A week or two now to ensure you don't have a second refusal is totally worth it!  Honestly, the summer rush will have already started.  If reapplying with priority, it shouldn't be TOO terrible of a wait.

So my husband rang our solicitor to see about getting our paperwork back and next steps. He said he's happy to help us reapply....for an additional fee of £2000!!! Needless to say that won't be happening! We are going to do it ourselves...with help from you lovely people of course 

Right now our biggest priority is getting our new application in asap,  before the summer rush hits. I've filled our the application online and my husband is arranging for our paperwork to be returned next day post. 

Is a letter from both the employer and accountant addressing the payroll discrepancies, and an explanation that our lawyer failed to send the provider employment letter sufficient? Is there anything else we should add to our new application?

We will also address my husband's low pay for Feb and March- he travelled with me to America to meet my family so he has 0 hours in Feb and only a few in March. He still meets the financial requirements however.

Our hope is to submit online tomorrow to get the quickest biometrics appointment, and also to pay for priority service.

Any thoughts, recommendations, or suggestions are greatly appreciated ♡

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Was his income across the 6 months greater than £9300? Because he is hourly they'll use the total for determining if he earns enough. You may want to list the paycheck amounts/dates for each month you'll be submitting to have the experts make sure you've got it all.

Only submit your online application once you have ALL your paperwork on hand. Like ready to mail to Sheffield on the day you have your biometrics appointment.

Besides it seems a lot of people have success walking in to an ASC earlier than their appointment date to get their biometrics done.

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The refusal letter says you used salaried employment. It's really important to clarify this as the way the figures are calculated varies depending on whether he is salaried or non-salaried.

And as has been mentioned, do not hit submit until you are 100% ready to go!

Was his income across the 6 months greater than £9300? Because he is hourly they'll use the total for determining if he earns enough. You may want to list the paycheck amounts/dates for each month you'll be submitting to have the experts make sure you've got it all.

His income for 6 months, even with being away for so long, is more than £10,000. He's already made a spreadsheet with amounts of pay slips and bank deposits and they all match to the penny. He's the analytical thinker and I'm the free spirited emotional one- it's made this process even more interesting for us

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