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Spouse visa refusal - please help :/

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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richardsons
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Spouse visa refusal - please help :/

Post by richardsons » Wed Oct 03, 2012 9:08 pm

My spouse visa has been refused. ive sent it from Israel before the laws changed. I'll quote the decision and please, please help me if you can.
This refusal has completely shattered me and my husband, we are in total shock, we are in tears the whole day!

"..... i am satisfied that you meet the majority of the requirments of paragraph 281.... Therefore im not satisfied that your sponsor is in position to maintain you without recourse to public funds."

The reason is that my husband doesnt make much money in his current job and probably any other job that he might take. He's only young, we both are, any job that he'll take will pay the same. I am currently working in my own country and will probably have no problem finding a job quickly in the UK so basically we'll have plenty of money between us.

Do we have a chance if we appeal?
What should we do?
The new laws are much stricter than the old ones about money so there's no way we'll meet the requirement if we re-apply!#

Please im begging you, can anybody help me?

geriatrix
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Post by geriatrix » Thu Oct 04, 2012 12:24 am

From what you have posted it appears that his income was not deemed to be sufficient enough to maintain and accommodate any dependant(s). Under the old rules, he would have needed to show an income of GBP 111.45 per week after deducting any rent, council tax and credit / loan payments to support one adult dependant (partner / spouse).

Was 3rd party support relied upon for the application, in addition to the sponsor's income to compensate for the shortfall?
Life isn't fair, but you can be!

richardsons
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Joined: Wed Oct 03, 2012 8:52 pm
Location: UK

3rd party sponsor

Post by richardsons » Thu Oct 04, 2012 8:16 am

No, his family arent the greatest people and they are pretty much against our relationship so there was no one to turn to. If we appeal, and as i found out usually is useless, can we use any of my family members? even though they arent living in the UK?
and what else is there to do?

Thank you very much for helping, you are life saving :):)

Greenie
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Post by Greenie » Thu Oct 04, 2012 9:33 am

How much does your husband earn and how much does he pay in rent /mortgage/council tax? Do either of you have any savings?

richardsons
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answers

Post by richardsons » Thu Oct 04, 2012 10:49 am

he earns £1200 a month. Rent is £450 and council tax is £90, there's phone bill, gas, electric and a few things he's paying out and his balance goes up and down nearly every week. On the decision it was noted that it wasnt very clear how much money he has and i cant say they arent right.

i am working right now but everything i had i gave to this application so there are no savings. BTW, we used VisaLogic to help us with this and had to pay £700 to them as well, i would suggest not using them whatsoever! they are amazingly bad at their job!

any advice?

Kitty
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Post by Kitty » Thu Oct 04, 2012 6:05 pm

Is that 1200 before or after he has paid tax?

Do the "few things going in and out" of his bank account include any loan repayments?

If his total monthly rent and CT spend is only 540, then he should have enough left to meet the old maintenance requirements if his net pay is 1200.

Can you post the full text of the refusal notice? Does it refer to the evidence you submitted and why the ECO didn't find that it supported your case?

richardsons
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Post by richardsons » Fri Oct 05, 2012 6:07 pm

My husband is self-employed, every week money goes into his account..
The notice states that its not clear how much money he's making. we have put every tiny bit of documentation about his finance available..
they are not satisfied that he can maintain the two of us. but he doesnt need too, we will both be working! :/

another question that i have is what can we do about appealing? should we try? what will help us?

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Casa
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Post by Casa » Sat Oct 06, 2012 12:46 pm

As you weren't able to submit a confirmed job offer for yourself, if you obtained one now, it wouldn't be considered at appeal...so this would be very unlikely to succeed. If you were unable to show in the original application that you would have a minimum of £111.55 remaining weekly after paying rent, council tax and any loan repayments, then the ECO would have been justified in refusing the application on financial grounds.
The problem you now have, is that under the new rules your husband would have to be earning a minimum of £18,600 a year.

stan86
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funds

Post by stan86 » Wed Nov 28, 2012 3:02 pm

i have the same problem. You have met the funds requiremnt but the eco rejects it and does not support his claim. There are only 2 reasons for this. Firstly, it was a rushed decision and the wording is even lost from his expression. Second, the eco has seen something that is undermining your claim. It could be somehting simple as money leaving the account unaccounted for. But , even then, why is this not stated in the refusal letter. My understanding is that they can only argue the case only with the written in the refusal letter.

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