Post
by soomrox » Tue Jun 22, 2021 9:49 am
We applied for Spouse Visa Online at the UKVI site. We have been refused and I will state the reason of the refusal below.
But first some context. We filled in the form accurately and at the end, the system produces Document Sections (Mandatory & others) which I believe are the supporting evidence. This is stated in the form itself under the declaration section.
"By sending this application, you confirm that to the best of your knowledge and belief the following is correct:
- the information relating to the application
- the supporting evidence"
Now we submitted everything they requested. What they requested were
Mandatory Documents
1. The passport or travel document for Applicant (my Spouse)
2. Copy of the bio data page of the passport or travel document for myself (Sponsor/Husband) from
British Citizen
Other documents
1. Proof of relationship to your partner - for example, marriage or civil partnership certificates
2. The language test certificate for Applicant (my Spouse) to prove the level of English language required
3. One proof of British citizenship for myself (Sponsor/Husband) (such as a passport or UK citizenship certificate)
Also a Checklist document was generated by UKVI which also only mentioned these documents
Please note, they did not ask for anything else, such as financial or relationship evidence except the marriage certificate.
We uploaded all the documents requested and on the screen, it also mentioned do not upload additional documents as this can delay the process. So I stuck to what was strictly asked for.
The reasons for refusal
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
because:
You have applied to settle in the United Kingdom with your spouse (your sponsor). You have
stated that your relationship began in February 2021, that you first met your sponsor in March
2021 and that you last saw your sponsor on 7th April 2021. I have considered all of the
documents you have submitted in support of your application and from your marriage certificate
have noted that you entered into marriage on 4th April 2021.
However, whilst I have noted all of the documents you have submitted I am not satisfied these
demonstrate the nature or duration of your relationship. For instance, they do not demonstrate
that you have ever met your sponsor in person nor do they confirm that you have maintained any
regular contact with your sponsor prior to or since your marriage date. Furthermore, I note that
you have declared that you do not have any shared financial responsivities with your sponsor.
Given all the above, I am not satisfied that you meet the requirements of Paragraph EC-P.1.1(d)
of Appendix FM of the Immigration Rules which states that the relationship between the applicant
and their partner must be genuine and subsisting and that the applicant and partner must intend
to live together permanently in the UK. (E-ECP.2.6, or E-ECP.2.10)
This reason is ridiculous, as I went to Pakistan, met my wife, married her in an event which was attended by over 80 people (Socially distanced) had a lovely ceremony. We have over 1200 photos, videos of the ceremony. We went for a mini-honeymoon.
We spent over 10 days together. And the case officer believes we did not meet. If they would have asked for this evidence I would have provided it to them
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
In order to meet the financial requirements of the Rules your sponsor needs to evidence a gross
annual income of at least £18,600. You have indicated in your visa application form that you meet
the financial income requirements of these Rules through your sponsor’s income from
employment with (Husbands Company Name).
Your application date is 14th April 2021.
Appendix FM states specified evidence is required to show you meet the requirements.
Appendix FM Partner Refusal Version 01 17
In respect of salaried employment in the UK, all of the following evidence must be provided:
(1) Wage slips covering a period of 6 months prior to the date of application if the sponsor has
been employed by their current employer for at least 6 months
(2) A letter from the employer(s) who issued the wage slips confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the
application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(3)Monthly personal bank statements corresponding to the same period(s) as the wage slips
submitted showing that the salary has been paid into an account in the name of the person
Employment with (Husbands Company Name):
In respect of this employment, you have submitted:
Monthly payslips dated: 28th February 2021 and 31st March 2021 only.
Barclays bank statements (Account: ****8305) covering the period:3rd March 2021 – 1
st
April 2021.
A letter of employment dated 27th April 2021, confirming required details
From the above, I note that neither the payslips nor your sponsor’s bank statements cover the
relevant 6 month period prior to your application date. You have therefore not submitted all the
required specified evidence for your sponsor’s employment with (Husbands Company Name)
Given the above, you have therefore failed to provide all of the specified evidence to demonstrate
that you meet the income threshold of the Rules. I have considered whether it is appropriate to
apply evidential flexibility in your application and request that you submit any required specified
evidence which is missing. However, as your application also falls to be refused on other points,
I therefore do not consider evidential flexibility to be appropriate in this case.
Given the above, I am not satisfied that you meet the income threshold requirement. I therefore
refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules.
(E-ECP.3.1).
You have stated that you intend to reside with your sponsor and have provided an address in
your visa application form. However, whilst I have noted that your sponsor’s payslips and
employment letter also record this address, the remaining documents submitted by you do not
confirm ownership of this property or that you have permission from the owner to reside here.
Furthermore, they do they confirm that should you join the property that the accommodation is
suitable and would not be overcrowded as per the housing act.
Given the above, I am not satisfied that you meet the requirement of Paragraph EC-C.1.1(d) of
Appendix FM of the Immigration Rules which states that you must provide evidence that there will
be adequate accommodation, without recourse to public funds, for the family, including other
family members who are not included in the application but who live in the same household,
which the family own or occupy exclusively: accommodation will not be regarded as adequate if it
is, or will be, overcrowded or it contravenes public health regulations. (E-ECP.3.4).
I find this unfair too. At no stage was I asked to provide evidence for my financials. In the application, it asked for the income and I provided the salary which is over 6 figures which exceed the requirement.
From our own back even though they did not ask, I provided a letter from the HR department stating 17 years of employment with a salary of over 6 figures. I also provided two bank statements and two payslips to evidence the salary
At no time I was asked to provide 6 months or even 1 month. If they would have just asked I would have produced everything
To conclude, I have all the evidence, relationship, financial but they did not request it at the time of filling in the application, what they told me to upload I uploaded.
Please can you guide me on what to do? Shall I appeal or shall I send Pre-Action Protocol? or suggest something else