Refusal Letter

Here is my refusal. I’ve also forwarded to Vicky at Medivisas, we’re going to have a phone chat once my husband has discussed with his accountant. I’m also in the process of trying to reach the NHS Trust and find out how or what we need to do to start payment or get a letter stating there is no payment due, if that’s oddly the case.


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We were extremely uninformed with this visa process and did not send nearly enough documentation with our application. I’m aware that the guidelines have changed and that we now must send photos and messages to prove our relationship, we sent neither of those items. We were seriously lacking documentation! I forgot a letter from my husbands landlord and the sponsor letter. Not surprising we were denied at all. Doesn’t hurt any less but it’s not a shock. I now know what we need to send thanks to this forum.

Below are the supporting documents we sent.

Husbands LTD Tax Return 2016 to 2017
Marriage Certificate
Letter from Home Office giving us permission to get married in England
Daughters U.K. birth certificate
My divorce documents

We were extremely uninformed with this visa process and did not send nearly enough documentation with our application. I’m aware that the guidelines have changed and that we now must send photos and messages to prove our relationship, we sent neither of those items. We were seriously lacking documentation! I forgot a letter from my husbands landlord and the sponsor letter. Not surprising we were denied at all. Doesn’t hurt any less but it’s not a shock. I now know what we need to send thanks to this forum.

Below are the supporting documents we sent.

Husbands LTD Tax Return 2016 to 2017
Marriage Certificate
Letter from Home Office giving us permission to get married in England
Daughters U.K. birth certificate
My divorce documents

Yeah, you were never going to be approved with so much missing. Even them asking for further information was pretty much out of the question for the same reason.

The good news though is that it can all be fixed! 

Yes, this can easily be fixed.  It sounds as though he DOES meet the financial requirement - you just need to provide the documentation to tick those boxes. 

And yeah, you had so much missing I doubt they fully evaluated the application.  They don't address anything else other than the financial requirement in the letter, which is unusual (though not unheard of). 

A consultation with Medivisas isn't a bad thing but I don't think it's necessary.  We can guide you through this (if you choose that route).  Do get the ball rolling with the NHS.  If nothing else, you'll know EXACTLY what you are going in with for your next application.

Has your husband completed his 2017/2018 accounts yet?  Will he still meet the financial requirement this year?

Yeah, you were never going to be approved with so much missing. Even them asking for further information was pretty much out of the question for the same reason.

The good news though is that it can all be fixed! 

If it wasn’t such a horrific process our lack of missing documentation would be comical. I still can’t believe we missed THAT much. I think we both read the initial guidelines of “tax return” but obviously didn’t dig any deeper than that. My husband is confident he can get it all sorted with his accountant there just are a couple issues that we may need to get legal advise on to be 100% sure....or his accountant may be able to address them.

1) When he set up the Limited company his credit score wasn’t high enough to allow him a business bank account. He had to set up a separate personal account for the LTD. This isn’t illegal but it’s not the preferred method. I’m not sure if it’s a 100% rule with UKVI that his bank account for the business is in his business name or if it’s okay for it to be in his name since he is the owner. This is where we might need legal help. His account can explain this as well.

2) He has no employees there is no PAYE.

I’m not sure we can reapply right away due to financial reasons and the NHS situation but I’d like to get a grip on this earlier rather than latter to ease my anxiety.

Thank you!!!!

Yes, this can easily be fixed.  It sounds as though he DOES meet the financial requirement - you just need to provide the documentation to tick those boxes. 

And yeah, you had so much missing I doubt they fully evaluated the application.  They don't address anything else other than the financial requirement in the letter, which is unusual (though not unheard of). 

A consultation with Medivisas isn't a bad thing but I don't think it's necessary.  We can guide you through this (if you choose that route).  Do get the ball rolling with the NHS.  If nothing else, you'll know EXACTLY what you are going in with for your next application.

Has your husband completed his 2017/2018 accounts yet?  Will he still meet the financial requirement this year?

I believe his 2017/2018 accounts have been completed. He’s asking his accountant. He will definitely still be above the minimum financial requirement.

Ah, yes, unfortunately you were missing almost ALL the documents you needed, for every section of the application form.

So, even if you had sent all the financial documents, you would have been refused on the accommodation requirement, the relationship requirement (even though it says you meet it) AND your NHS debt.

I’m aware that the guidelines have changed and that we now must send photos and messages to prove our relationship, we sent neither of those items.

The guidelines changed several years ago, so it's really not a new or recent thing at all.

Here's my general list of things you need to send (obviously it should be tailored to your exact circumstances though):

Applicant (US citizen)
- Receipt for priority processing (if paying for priority)
- return shipping label
- Optional cover letter (contents only, and explaining the reasons for your previous refusal)
- Printed online application form (don't submit until you have all the documents in your hands and are completely ready to mail the application package to Sheffield)
- Completed VAF4a Appendix 2 form
- Stamped Biometrics Confirmation Sheet (when you have attended the biometrics appointment)
- Receipt for IHS surcharge payment
- 1 passport photo (they can be US or UK size)
- US passport
- All previous passports
- Refusal letter
- Receipt for payment of NHS debt, or a letter from the NHS explaining why you were not charged and that you don't have to pay

Sponsor (UK citizen)
- Copy UK passport photo page (photocopy usually okay, but can be certified by the Post Office)
- Sponsor letter of support for the visa

Accommodation
If he rents:
- original tenancy agreeement
- a letter from the landlord giving you permission to live there

Finances
Category F Director of Limited Company
ALL of the documents listed in the refusal letter... this will be for the 2017/2018 tax year now
OR
Category D: Cash Savings:
- 6 full months of original bank statements showing at least £62,500 in the account on every single day of the 6 months
- statements/letters from anyone who has gifted you money stating it is a gift, not a loan, and will not be repaid

Relationship evidence
- 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 Skype call logs
- 1-2 pages of screenshots of FB messages

Photocopies
You should also include photocopies of all original documents you wish to be returned to you.

I believe his 2017/2018 accounts have been completed. He’s asking his accountant. He will definitely still be above the minimum financial requirement.

If he does meet the requirement using Category F for the 2017/2018 financial year and you can be sure you have EVERY document for it this time, you could potentially apply in the next few weeks/couple of months, rather than waiting until November.

If he does meet the requirement using Category F for the 2017/2018 financial year and you can be sure you have EVERY document for it this time, you could potentially apply in the next few weeks/couple of months, rather than waiting until November.

Thank you for the list. It’s ridiculous how much we missed. I honestly think the stress of a new baby must have tuned my brain to mush when we were applying. That entire period is a blur.

I’d like to reapply quickly but if we need to pay off the entire NHS debt, which I believe we do, we’ll have to wait until November.

I’d like to reapply quickly but if we need to pay off the entire NHS debt, which I believe we do, we’ll have to wait until November.

Ah, yes, of course - I was thinking the reason for waiting was because of trying to meet the Cash Savings requirement.

Thank you for the list. It’s ridiculous how much we missed. I honestly think the stress of a new baby must have tuned my brain to mush when we were applying. That entire period is a blur.

I’d like to reapply quickly but if we need to pay off the entire NHS debt, which I believe we do, we’ll have to wait until November.

I'm not 100% on this but I have a feeling that I read somewhere that as long as you have established a payment plan that is agreed with the NHS,  you can go ahead and apply at that point. Would need confirmation on that though.

I'm not 100% on this but I have a feeling that I read somewhere that as long as you have established a payment plan that is agreed with the NHS,  you can go ahead and apply at that point. Would need confirmation on that though.

Starts on page 55.  Yes, it does read that if a payment plan is agreed, it is the discretion of the ECO.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674001/GGFR-Section-4-v29.0EXT.PDF#page55

Starts on page 55.  Yes, it does read that if a payment plan is agreed, it is the discretion of the ECO.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674001/GGFR-Section-4-v29.0EXT.PDF#page55

Gotcha. If we are waiting until November when money rolls in we’ll just pay the entire thing. If applying sooner we will need to try instalments. Thank you for the link.

Starts on page 55.  Yes, it does read that if a payment plan is agreed, it is the discretion of the ECO.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/674001/GGFR-Section-4-v29.0EXT.PDF#page55

Didn’t somebody mention before though that we never want anything to be left to the “discretion of the ECO”?


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Didn’t somebody mention before though that we never want anything to be left to the “discretion of the ECO”?


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I think in this case, there has to be some degree of common sense when potentially large debts are keeping families separated when there's a good faith effort to ensure they're paid. It's not taking advantage of the NHS then, it's being unlucky and not rich enough to pay it in a lump sum. They know where to find you and if you don't pay it I'm sure it would impact FLR/ILR.