UK Spouse Visa Rejected 2015!

[rayj1988]

Hello!

I was hoping for some advise on what action to take from the below.

So i was married in 2014 and applied for my spouse visa 2-3 months after the marriage.

Unfortunately the visa has been rejected. I have spoken to a solicitor who has advised there are 3 options.

- Appeal
- Re-apply
- ask for a review (they have suggested this and asked me to provide more documents, such as proof of contact & letter from employers/additional pay slips & bank statements)

I had received a email in July informing me that my wife's Visa had been processed and that my wife "will be contacted when your passport and documents are ready for collect. Please do not go to the Visa application centre before you have been advised to do so". So i waited a week and she wasnt contacted. I decided to chase the visa office and was advised she will be contacted.
After waiting 2.5 weeks and not receiving any form of communication, she went to the office and was advised "oh it is here for you".
Due to the incompetence of the team who send the communications, i now have only 8 days to decide on my next step and prepare all these documents!


I personally believe the "entry clearance office: named just as JS" either has little knowledge how being employed as a contractor via and umbrella company works, or just had a bad day and decided to decline the application

The reasons are below:

1) Proof of relationship - So they have written i havent provided enough proof of communication.
- I had printed 6 months worth of Whats app conversations (removed some of the personal convo's)
- Calling card

They have written as we didnt communicated on our birthdays they "are not satisfied that our relation is genuine and subsisting or that you intend to live together permanently in the UK - I therefor refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration Rukes, (E-ECP .2.6 & 2.10)

2) Financial requirements - "i am not satisfied that your sponsor is employed and paid as stated and that thi stotal income from the last 6 months meets the income threshold" - I had to provide 6 months worth of statements, however due to a silly mistake i missed 2 days from the 6 months! -

The letter which my employer had provided stated that i get paid weekly, however due to being employed via an umbrella company, my payments vary depending on when i submit my time sheets. They have written "you have only submitted wage slips dated X x x x . These weekly wage slips do not cover the six month period as required"

- I was paid £25,000 gross within the last 10 months - clearly stated in the bank statements
- Due to being employed via an umbrella company, my payments vary depending on when i submit my time sheets.


Question: Due to technology i havent got many other proof of communication. We have manly communicated via Whats app messages and Whats app calls. I can only export and print these documents! Will this be sufficient ?

Question: What would you guys suggest i do ?

Question: If i was to go with a review process & provide additional pay slips and bank statements & some more communication. will this be sufficient?


Any advise would be great!

[Obie]

In the circumstances of your case, I strongly believe the options other than an Appeal is futile.

They are questioning the genuine nature of your relationship, and the only way to deal with that is in an appeal setting.

However the window is open for you during the appeal process for them to review again within 28 days of them being notified that you have lodged an appeal.

[rayj1988]

Hello! I have decided to go for a review & have provided additional documents.

I have been advised that whatsapp conversations arent accepted as evidence of communication :S? Is this true!?

[SoHopeful]

First I've heard!
As long as the screenshot includes the name and number at the top and ideally dates within the chats that should be acceptable.

[HarryC]

screenshot of the whatsapp chat messages dont display number at the top (if the contact is saved in your contact list). It only displays number.

[Raju1]

What if the spouse name is not saved as original name in the phone? How many of us save with original name in their phones, most of us save their loved ones contacts with pet names.. I strongly oppose this rejection point as its baseless and atleast they should have look at the other evidence as he submitted calling records. How silly is that point that they haven;t communicated on their birthday, they might have spoke each others instead of chat.

[rayj1988]

Whats app allows you to export the conversations into a .txt file. So i had basically exported it and removed all the personal convo's (and basically faxed a 400 page document which showed the conversations)
When you export the whats app convo, it just shows the name of the contact as you saved it. (i saved it as my wifes name)

However i didnt actually take a SS of the conversations via my phone. I also didnt take a SS of her contact details! I hope that wont be a issue

What makes it worse, is how they believe my employment isn't genuine! The company i work for is a FTSE 500 company and speaking to their payroll or HR department using government channels isn't difficult! It just proves that these application assessors must be very callous individuals and are devoted to prove these relations aren't genuine rather than putting in a little effort and common sense to check additional details!

[HarryC]

I dont think they will accept txt file of whatsapp conversation as proof that you are in touch. The reason i can think of is when you export, it just puts into txt file and you can also edit, remove OR make your own conversation messages whereas screenshots are genuine.
i am going to apply my spouse's visa and i have taken screenshot of viber chats, calls with time, duration and her number displaued, whatsapp messgaes and none of them i will present them will exported to txt file.