Got the news..refused..silly errors

[nivneha21]

Just some info of our submission timeline:

Spouse Visa
Applied from VFS Kolkata
Online application: 21st March 2018
Biometrics: 12 April
Received Text on 12 April evening - stating application forwarded to Sheffield.
30 June: Sent email to check application status to home office
1 July : received email from home office. They advised visa is in process.
6th June: received email stating application has been received currently under process
4th July: received Not straight forward email (worried)
Currently 58 business days

After recieving the not so straight forward email me and my wife where worried however upon research on this forum it seems to be a generic email that they send?

We would like to ask a few questions to put us at ease


1) Can I visit my wife while the application is under process? It has been nine long months now. Understandably we would like to see each other.

2) I am going to email the home office again as it has gone over the 60 working day period at the end of this month, is it required to get an MP involved or just email them and ask how long it will take and if I can visit my wife?

Thanks in advance.

[Casa]

Are you the applicant or the sponsor

[nivneha21]

I am the sponsor (husband).

Thanks

[Casa]

You're free to travel

[nivneha21]

Thanks for the response.

However wouldn't they need to maybe contact me by phone interview for example?

Also in relation to second point is it worth me emailing home office at the end of this month?

Thanks

[nivneha21]

Any info on this..as worried my miss the home office when abroad?

Also is it worth me chasing up the case with an MP or just send the home office an email myself for an update?

[nivneha21]

Afternoon all...recieved dissapointing news from my wife on friday just gone that the visa has been refused.

Obviously not happy with this news as thought I had it all covered and even if I had not it would have been by the solictor. Due to the large amount of money I paid her. She turned out to be very incompetent to say the least.

Will list the reasons the HO gave and also my reasons to dispute this, by a new application and with supporting letters to the HO.

Reasons being:

1) Incorrect number given on my weekend job, they tried to contact my weekend employer however incorrect number was given.

It is a small company and I handle the admin side was told to make the letterhead myself and unforuntaly missed a number out. However an email address was provided. This was an admin error.

2) Payslip did not match what was paid into my account - Was paid £200 into my bank account however payslip showed £160.

I was paid extra due to the extra travelling I did during the month and due to a communication extra was not discussed with my boss and accountant. Again should have been mentioned via a letter.

3) Weekend company having no online presence

You just have to google by company and details come up. There is no website, as it is simply not needed by us but information is there. Again my evidence would be to print off company registration, online present on google etc along with full details off the company.


Due to these stupid errors apon submission and also the HO itself looking for ways to except this, what will happen now?!

I have already got a new solictor but will it get refused again? My soilctor states she will provide evidence and show my weekend work is geniune with the reason I gave but would like some advice and info from my fellow boards members during this period.

[cyclina1]

i don't think.your soloctor is in competent, but the HO caseworker. this is funny if they fail to contact your employer and at the same time not contact you to confirm the info. provided the money you paid for the visa, this service is not justified.

[nivneha21]

Exactly they stated they tried contacting me but sometimes you can not be availabe on the phone? Some companies do not even allow mobile phones when at work.

Also in relation to my weekend job, they had the email address on the letterhead? Why not use that contact method.

What would now be my next steps? How would I avoid this situation happening again?

I just don't have the funds or the means to keep doing this. I am going to just make a fresh application, as an appeal will take 12 months. Can I add a mobile number in my company letterhead for example if they can not contact on the office landline, or would this look even more suspicious?

[nivneha21]

Morning all. Will be visiting my wife and submitting the biometrics together.

I am worried about this second employment issue. What if I start a new employment where obviously I would earn over £18,600. Do I have to show six months of employment there or a year? If so why would it be a year?

I am still deciding to submit it by showing evidence from second employment or new job...please advise

[jane2018]

1) I would ask your lawyer to prepare a new application which WOULD COMPLY with the requirements and PAY your new application fee. Clearly it is a malpractice to submit a non-compliant immigration application.

2) New 2012 Immigration rules regarding £18600 income are intentionally designed to STOP spousal immigration not only by virtue of requiring having £18600 income but also by the way of strict burocratic compliance. Their goal was to reduce family based immigration in half (from 70k a year to 35k), so far they are successful(current family based immigration is around 40k a year). Many of the those who stopped from coming do earn £18600 but they do not comply with the requirements of Appendix FM SE.

3) File only rules COMPLIANT application. Do not waste your time and money if you are still non compliant . eg. it would be sensible to wait to get PERFECTLY MATCHING slips-bank account statements(may be couple f months). The Home Office is obligated to refuse the visa if you do not comply. The only time they can exercise the discretion is under Article 8 outside of the rules which usually works only in a very limited extreme cases.

[nivneha21]

1) I would ask your lawyer to prepare a new application which WOULD COMPLY with the requirements and PAY your new application fee. Clearly it is a malpractice to submit a non-compliant immigration application.

2) New 2012 Immigration rules regarding £18600 income are intentionally designed to STOP spousal immigration not only by virtue of requiring having £18600 income but also by the way of strict burocratic compliance. Their goal was to reduce family based immigration in half (from 70k a year to 35k), so far they are successful(current family based immigration is around 40k a year). Many of the those who stopped from coming do earn £18600 but they do not comply with the requirements of Appendix FM SE.

3) File only rules COMPLIANT application. Do not waste your time and money if you are still non compliant . eg. it would be sensible to wait to get PERFECTLY MATCHING slips-bank account statements(may be couple f months). The Home Office is obligated to refuse the visa if you do not comply. The only time they can exercise the discretion is under Article 8 outside of the rules which usually works only in a very limited extreme cases.

Thank you Jane. It is people and board members like you, who take your time and efforts out to help families come together.

To clarify two points:

If I was to start a new employment soon (above £18,600) can I submit the application within 6 months or is it a year? If it is a year then why? As isn't the rule show last 6 months payslips.

If this application fails now, will it effect my next application as I really don't want to wait a year?

To confirm what will be providing this time:

Company registration
My - P60
Proof of online presence

Letters explaining the reasons of refusal previously. By the director of company -

Incorrect letterhead - admin error (was told by myself to make, as we do most business via emails and calls) therefore just admin error.

Payslip not matching bank account (for one month) - letter from director stating this was additional travel expenses.

What does everything think? Is it worth submitting or wait, is so how long to wait for new job?

[Danra]

You could travel when ever you want to. But make sure you are available if they call you for an interview.( If they still hadn't call you)

[nivneha21]

Thanks, any answers to the questions I have raised above?

[nivneha21]

Afternoon all.

Just back from solictors who explained there are too many issues with my second weekend employment and told me to get another position.


However to clarify I am only £300 pounds sort on from my government position.

1) Can I not just get a promotion within my same role and submit within six months? Or will that be a year?
2) Can I only do this if I get a weekend job and submit within six months?
3) Shall i just get a new job to where I will be earning the required amount, if so have long to wait to submit?

Please advise the simplest option!