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

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epicashley
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Posts: 12
Joined: Thu Feb 07, 2013 8:16 pm
Location: United Kingdom

Post by epicashley » Fri Feb 08, 2013 2:17 pm

Thanks for the responses, everyone. It makes me feel much better about this all that there are other folks going through the same thing.

In response to CDNgirl, we moved in together back in Canada, from January 2010, and lived together until July 2010, when my partner's visa ended and he had to return to the UK. I received my UK visa from Sept 2010, and was in the UK, again living with my partner, from Oct 2010.

So we've been living together from Jan 2010 - July 2010, and then Oct 2010 until present.

I provided evidence (rental agreements with our names on it) from living together in the UK (from Oct 2010) and didn't include any of the Canadian rental agreements (so, no evidence from Jan 2010 - July 2010), as our rent was in ski towns (whistler, fernie) with much less 'formal documentation' then our proper UK rental agreements.

I know out landlords from the Jan 2010 - July 2010 period, so I should be able to get documentation of us living together, but am not sure what evidence of co-habitation is suitable. We didn't have bills (or joint bils for that matter) to pay, as we had relatively short term rentals that were 'all in' (landlord paid the electricity/gas/etc, and we had a set rate of rent). Would a letter from our landlords suffice as evidence I wonder?

-------------------
CDNgirl wrote:First off - congrats to everyone who has successfully recieved their BRP cards lately!

epicashley wrote:
1) Not showing ample evidence of my partner and I living together for two years prior to the application date (I did show evidence from when I arrived in the UK until the application date, which was 1 year and 10 months of proof) - so that's my slip-up with no documentation of rental agreements prior to that time.
Did you move in together as soon as you came to the UK? They are very sticky on ensuring that you live together for a full two years. You don't have to have everything or anything in both of your names, just documents that you both live at the same address...bank statements, bills, etc.
2) Finances. Not showing enough proof of how much we both earn, our type of job contracts, etc. I thought we had ample proof -- payslips, bank statements, contracts, of all the jobs I have held in the UK, and that my partner has recently held.

To quote from the refusal letter:

"E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-
As long as your finances combined are over £18,600 you should have no problem. Are you both currently working?

I'm really sorry to hear that your application has been rejected, but it doesn't mean that it's the end of the line - keep your head up and hopes high!

As far as I can tell from the information you provided, as long as both of your income is over £18,600 (which it is at £30K) and you can prove that you have been living together for a full 2 years, you should stand a good chance of winning the appeal.

Good luck!!
---------------------

Also, to answer your other questions regarding our finances, my partner has been working full time forever (definitely for two years and since I arrived in the UK), and I have been working part time and full time since I arrived in the UK. It's mostly been full-time, though, in the last two years - there was period of about 3 months where I worked part time as I was doing some long-distance uni courses from Canada.

Long story short, I've been working more or less full time since I got here, and in the last two years, have progressed in terms of wages steadily. So now I work full time as a manager of a cafe/bar, making about £16,500 a year.

In terms of documentation, we showed payslips from each we've done in the UK since I've been here, but NOT consecutive payslips and corresponding bank statements from 6 months prior to the application (which was our downfall). We do have those documents, but didn't include them as we thought it was more important to show a breadth of income/UK work experience.

Just going into more detail now about it, with researching the appeal process, gathering more documents, and contacting people in Canada to get more documents.

Thanks for all the support and good words, very helpful!

tamilmaran
- thin ice -
Posts: 159
Joined: Fri Jul 20, 2012 11:02 am

Re: Rejection of visa

Post by tamilmaran » Fri Feb 08, 2013 3:07 pm

{{We each don't make over £18,600 a year though (he makes about £14,000 and me £16,000), and don't have savings over £16,000 in either of our bank accounts (although he has almost £14,000 in savings).}}


Dear epicashley,

Hi I am sorry to hear your visa rejection. It is not each one of you make £18,600 /year. it is a minimum cumulative of both of your income.

I wish you all the best for your appeal.

SJ_2013
Newbie
Posts: 42
Joined: Tue Jan 15, 2013 4:24 pm
Location: London

Post by SJ_2013 » Fri Feb 08, 2013 3:10 pm

cityboy25 wrote:Hi Mate, I applied on Feb 6, 2012 and my case worker requested for more docs dated 10/1/13 and have posted the required docs via special delivery (next day) on 19/01/13 and now that i track the docs 3 days later is still saying ''Your item with reference A*************GB has reached its PO Box and is awaiting collection/delivery.'', has anyone experienced such a situation before? please advice as d docs has deadline for submission.
Hi,

Did you hear anything back from UKBA regarding your application?

Thanks

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 3:31 pm

SJ_2013 wrote:
cityboy25 wrote:Hi Mate, I applied on Feb 6, 2012 and my case worker requested for more docs dated 10/1/13 and have posted the required docs via special delivery (next day) on 19/01/13 and now that i track the docs 3 days later is still saying ''Your item with reference A*************GB has reached its PO Box and is awaiting collection/delivery.'', has anyone experienced such a situation before? please advice as d docs has deadline for submission.
Hi,

Did you hear anything back from UKBA regarding your application?

Thanks
Yeah he got his back (sorry to answer for you cityboy25 but I just remember being so relieved for you!)
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

tamilmaran
- thin ice -
Posts: 159
Joined: Fri Jul 20, 2012 11:02 am

Post by tamilmaran » Fri Feb 08, 2013 3:32 pm

AussieBlueJeans wrote:
ADee wrote:
AussieBlueJeans wrote:
waitsomemore wrote:after waiting for 6 months for my FLR(M) decision, i ring UKBA to enquire about my application. apparently they are that busy they can't even answer the phone! UKBA currently advising you to ring back via a recorded msg and HAVEN'T EVEN GOT THE DECENCY TO ANSWER THE PHONE!
I know. I have tried them three times and gotten the same message as you. It's a joke really.
I am not sure if it will be helpful to any of you,I did call UKBA yesterday and in my first attempt I had the same situation ,a recorded message came into my way to speak to a real person.

In my second attempt I made my call using an app 'WEQFORU',,
(a smartphones app that helps to make free calls to premium numbers,i.e 0845,0870 etc),,

in that call I just press 9* on my keypad while recorded msg was on and my call automatically went into the queue ,and after approximately 8 minutes I was connected to a live person.

btw with the help of that app you don't have to wait in queue as you got automatic ring back when it connects to an operator.
Please try calling by using this app , as it may help you to connect to a real person so you could have answers of your queries.

Stay Positive & Keep Helping Each other :)
Thanks ADee, will give this a go!
I tried the same number and kept pressing " 9" whenever there was an automated message , but no use in speaking to them, the just simply say " THEY ARE AFRAID ,THAT THE CANT SAY ANY UPDATES " it is very much disgusting .....

SJ_2013
Newbie
Posts: 42
Joined: Tue Jan 15, 2013 4:24 pm
Location: London

Post by SJ_2013 » Fri Feb 08, 2013 4:23 pm

Xiaozhu wrote:
SJ_2013 wrote:
cityboy25 wrote:Hi Mate, I applied on Feb 6, 2012 and my case worker requested for more docs dated 10/1/13 and have posted the required docs via special delivery (next day) on 19/01/13 and now that i track the docs 3 days later is still saying ''Your item with reference A*************GB has reached its PO Box and is awaiting collection/delivery.'', has anyone experienced such a situation before? please advice as d docs has deadline for submission.
Hi,

Did you hear anything back from UKBA regarding your application?

Thanks
Yeah he got his back (sorry to answer for you cityboy25 but I just remember being so relieved for you!)
Thanks Xiaozhu. And happy for cityboy25, congratulations. Would be good to get the timeline and status updated on skydrive.

waitsomemore
Newly Registered
Posts: 11
Joined: Thu Nov 22, 2012 2:45 pm

Post by waitsomemore » Fri Feb 08, 2013 4:42 pm

so today UKBA finally answered the phone. guess what they said??? i just have to wait!! so, they tell you not to ring til your application has been in for more than 6 months, and when you do that they tell you to do the same thing as if you'd rung early....wait!!! meanwhile my prescription (asthma) medication is running out! i brought extra with me anticipating a wait...but this long?? and i can't access NHS! i expected a wait on any decision, but now im concerned considering my medication requirements....

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

News

Post by Xiaozhu » Fri Feb 08, 2013 4:53 pm

Hi all

I have just had a call from our MP's office telling me the latest from the UKBA was that our application has been decided and our documents are in the post! But the UKBA had told them that they couldn't reveal whether the decision was positive or negative.

Now I am absolutely bricking it worrying about whether they have refused although we really do fulfil all the statutory requirements and there is no reason I can think that they would turn it down. Have they expedited our application because we made such a huge fuss, or because it's been refused?

So happy to hear it's coming soon, but worried too...
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

luckyjinx
Junior Member
Posts: 71
Joined: Tue Nov 13, 2012 12:55 pm

Post by luckyjinx » Fri Feb 08, 2013 5:02 pm

Congrats Xiaozhu! Hoping for good news for you.

If they have sped it up on the basis of making a ruckus, I hope to have mine any day now. This is my extended timeline to date, including complaints or other actions:

July 4, 2012 - Applied
July 10 - UKBA charged credit card
July 14 - Received acknowledgement letter
September 5 - Received biometrics invitation
September 6 - Submitted biometrics
October 2 - Requested UKC passport
October 10 - Received UKC passport (2nd class mail, in a plain envelope, no security)
October 11 - 1st letter to Independent Chief Inspector of Borders and Immigration (unanswered)
November 9 - 1st letter to MP; sent updated employment documents to UKBA (unasked but making sure they are kept up to date on my circumstances)
November 28 - 1st FOI request to UKBA
December 2012 - Received response from MP, she blames the Labour government but contacts the Immigrations Minister with my concerns
December 31 - Deadline passed for first FOI request with no response
January 4, 2013 - 6 months waiting; 2nd letter to MP informing her of this
January 7 - Complaint to UKBA, response due by Feb 4 (still outstanding)
January 10 - Receive further response from 1st letter to MP with enclosed letter from UKBA, UKBA states that I must continue to wait but they anticipate being back within service standard by March 2013
January 26 - 2nd letter to Independent Chief Inspector of Borders and Immigration regarding marriage visa report (form letter response)
January 28 - Request for internal review on 1st FOI request; submitted 2nd FOI request (new topic)
February 4 - 7 months waiting; submitted 3rd FOI request (new topic)
February 7 - Contacted 2 journalists

Really not sure what else I can do and I'd like to get it back before March 25, which is when they change the Life in the UK test again. I'm so sick of waiting!
Last edited by luckyjinx on Fri Feb 08, 2013 5:05 pm, edited 1 time in total.

epicashley
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Posts: 12
Joined: Thu Feb 07, 2013 8:16 pm
Location: United Kingdom

Re: Rejection of visa

Post by epicashley » Fri Feb 08, 2013 5:03 pm

freedomuk wrote:
Your case is quiet similar to mine, however I applied as spouse visa of british citizen. My income is 13000 annually and she is 17000 annually, i have done lot research on the financial requirement and i do believe they have to consider our combined income as we both are in the UK.

For unmarried partners category, they are very strict on the evidence of cohabitation, your must provide all documents you have for that 2 years, for example January 2011 to January 2013, you and your partner must have proof for the period of time ie bank statements, bills, or correspondence from others, either joint account or personal.

If you believe your fulfill all these requirement, maybe you can send they letter for reconsideration to clarify the situation. Did they send you any letter to require further document?
Thanks for the response, freedomuk. I think you're right about the combined income - I've been combing through the (very detailed!) immigration rules, and it looks like they want proof that my partner and my combined income must equal £18,600.

There is also a clause about having savings over £16,000, as well as additional savings (equal to 2.5x the amount you are 'under' the £18,600 threshold) if you don't have enough gross annual earnings to meet the requirement. For example, if you only make £18,000 a year, you are 'short' £600 of the £18,600 requirement. So you'd need an additional saving of £600 x 2.5, which equals £1,500. So savings of £16,000 + £1,500 = £17,500 in total).

This savings clause confuses me further - do they need us to have a combined income of £18,600 PLUS £16,000 of savings? Or is it just preferred to have savings? Confusing!

In regards to the UKBA sending me any notice for further documents, this never occurred. Essentially, I haven't heard anything from them until I got refused - I was (wrongly) under the impression that if I was missing any crucial documentation, that they would request more. Instead they just refused me.

I am collecting all my evidence of us living together from Jan 2010 - July 2010 (which I didn't send any in the original application), and then finding even more evidence of us living together in the UK from Oct 2010 until present (which I have sent lots of evidence of in the original application).

Good luck with your application, hopefully they don't just refuse you if you need more documents! :)

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 5:04 pm

I think the thing thathas really made a difference for us is our attempt to complain to the Parliamentary Ombudsman. I get the impression that this puts the wind up them somewhat, and also galvanises your MP into action as they don't like having to sign off on such complaints.

The Ombudsman are very helpful.
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

sanny26
Member of Standing
Posts: 418
Joined: Tue Oct 16, 2012 6:59 pm
Location: LONDON

Post by sanny26 » Fri Feb 08, 2013 5:05 pm

Im applying for a extension under article 8 and its been 4 months since i apply and im still waiting on biometric enrolment letter, ive got 4 kids 2 of them is british,ive got a 9 year old also who will be 10 in august and is due for registering as a british citizen( he was born here) and a 10 month old baby.. my case is pretty much straightforward i really dont know what to do next. i got my mp to contact ukba they state they gona get back to me asap when they make final decision but i thought you have to do biometric enrolment before final decision can take place, really dont know what to do this whole process is so stressing i even taken off weight because of this. They state that you are still legal while they consider your application but they take so long to make decisions they make you feel like your illegal because you litteraly cant do much until you get back your documents.... :(

luckyjinx
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Posts: 71
Joined: Tue Nov 13, 2012 12:55 pm

Post by luckyjinx » Fri Feb 08, 2013 5:06 pm

Xiaozhu wrote:I think the thing thathas really made a difference for us is our attempt to complain to the Parliamentary Ombudsman. I get the impression that this puts the wind up them somewhat, and also galvanises your MP into action as they don't like having to sign off on such complaints.

The Ombudsman are very helpful.
I was under the impression you could only contact the Ombudsman once you'd had a response to your complaint to the UKBA and requested a review if it was unsatisfactory? I have yet to receive a response so didn't think I could involve the Ombudsman yet.

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 5:14 pm

Their LACK of response to your complaint should be enough. The requirement is that you have allowed sufficient time for them to respond and their response has been unsatidfactory. Not responding is a response in itself (this is my lawyer's reasoning, anyway). Seriously, go for it.
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 5:16 pm

Sorry, that wasn't amazingly clear. What I mean is that their response has been to not reply to your complaint in the time frame they have set for themselves (20 working days). This is an unsatisfactory response. Otherwise they could avoid the Ombudsman by just ignoring all complaints!
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

AussieBlueJeans
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Posts: 11
Joined: Thu Dec 06, 2012 10:01 am

Sponsor passport returned

Post by AussieBlueJeans » Fri Feb 08, 2013 5:32 pm

My sponsors passport was returned today via Royal Mail Special Delivery. We requested its return on January 18th, so the turn around time was 2 weeks which was quite good in my opinion.

Other than that, my latest phone call to the UKBA got the same response as last time. I don't know why they even bother to give out a phone number.

Anyway, lets hope next week produces as many application results
as this week did.

luckyjinx
Junior Member
Posts: 71
Joined: Tue Nov 13, 2012 12:55 pm

Post by luckyjinx » Fri Feb 08, 2013 5:36 pm

Many thanks, Xiaozhu! I am writing to the Ombudsman right now.

waitsomemore
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Posts: 11
Joined: Thu Nov 22, 2012 2:45 pm

Post by waitsomemore » Fri Feb 08, 2013 6:13 pm

Xiaozhu, can i ask how an official complaint is made to UKBA? Have been unable to find any way of doing this...god knows they dont offer the service! Made contact with my local MP today and must say i am heartened by the swift response...

Faz89
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Posts: 15
Joined: Tue Jul 03, 2012 1:25 am
Location: London

Post by Faz89 » Fri Feb 08, 2013 7:04 pm

hello everyone, I wanted to ask those people whose converting from tier 4 to flrm. I apply on july before new rules apply. My question is that i follow all the flr m requirement on old rules but will it be an issue not to sent anything about college attendance and certificate as it was not the basic requirement. Could anyone clarify this for me plzz. thank you

whitequeen
Newbie
Posts: 33
Joined: Tue Sep 25, 2012 2:28 pm
Location: United Kingdom

Post by whitequeen » Fri Feb 08, 2013 7:18 pm

luckyjinx wrote:Congrats Xiaozhu! Hoping for good news for you.

If they have sped it up on the basis of making a ruckus, I hope to have mine any day now. This is my extended timeline to date, including complaints or other actions:

July 4, 2012 - Applied
July 10 - UKBA charged credit card
July 14 - Received acknowledgement letter
September 5 - Received biometrics invitation
September 6 - Submitted biometrics
October 2 - Requested UKC passport
October 10 - Received UKC passport (2nd class mail, in a plain envelope, no security)
October 11 - 1st letter to Independent Chief Inspector of Borders and Immigration (unanswered)
November 9 - 1st letter to MP; sent updated employment documents to UKBA (unasked but making sure they are kept up to date on my circumstances)
November 28 - 1st FOI request to UKBA
December 2012 - Received response from MP, she blames the Labour government but contacts the Immigrations Minister with my concerns
December 31 - Deadline passed for first FOI request with no response
January 4, 2013 - 6 months waiting; 2nd letter to MP informing her of this
January 7 - Complaint to UKBA, response due by Feb 4 (still outstanding)
January 10 - Receive further response from 1st letter to MP with enclosed letter from UKBA, UKBA states that I must continue to wait but they anticipate being back within service standard by March 2013
January 26 - 2nd letter to Independent Chief Inspector of Borders and Immigration regarding marriage visa report (form letter response)
January 28 - Request for internal review on 1st FOI request; submitted 2nd FOI request (new topic)
February 4 - 7 months waiting; submitted 3rd FOI request (new topic)
February 7 - Contacted 2 journalists

Really not sure what else I can do and I'd like to get it back before March 25, which is when they change the Life in the UK test again. I'm so sick of waiting!
Like you, I've done everything, contacted MP, made complaints, contacted John Vine, sent letters to the PM and other popular names in the house of commons and to some newspapers. Still waiting for any response. The final response of UKBa to my complaint was delivered to me on Monday (they should've responded on 18th Dec 2012) and I just got the same "backlog" stuffs! I told my MP to file a complaint to the Ombudsman and I sent him a copy of the final response from UKBA. One of the MP's staff said they are still chasing the UKBA for the response on their letter before they make a complaint to the Ombudsman. This is a freaking NIGHTMARE!!! :evil:

Damanisshallo
Respected Guru
Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Re: Rejection of visa

Post by Damanisshallo » Fri Feb 08, 2013 7:40 pm

epicashley wrote: There is also a clause about having savings over £16,000, as well as additional savings (equal to 2.5x the amount you are 'under' the £18,600 threshold) if you don't have enough gross annual earnings to meet the requirement. For example, if you only make £18,000 a year, you are 'short' £600 of the £18,600 requirement. So you'd need an additional saving of £600 x 2.5, which equals £1,500. So savings of £16,000 + £1,500 = £17,500 in total).

This savings clause confuses me further - do they need us to have a combined income of £18,600 PLUS £16,000 of savings? Or is it just preferred to have savings? Confusing!)
Please refer to this post for clarification and/or you can also refer to Page 28 of FM 1.7
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

Heather3687
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Posts: 4
Joined: Mon Feb 04, 2013 9:38 pm
Location: London

SAR

Post by Heather3687 » Fri Feb 08, 2013 8:03 pm

Just a quick thought:

Does anyone have any experience of making a subject access request (SAR) of UKBA under the Data Protection Act? Might be more productive than FOI requests.

Damanisshallo
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Posts: 1235
Joined: Fri Jul 27, 2012 4:29 am
Location: 50.89° N, 1.40° W

Re: SAR

Post by Damanisshallo » Fri Feb 08, 2013 8:04 pm

Heather3687 wrote:Just a quick thought:

Does anyone have any experience of making a subject access request (SAR) of UKBA under the Data Protection Act? Might be more productive than FOI requests.
Use this SAR Form
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 9:14 pm

http://www.guardian.co.uk/uk/2013/feb/0 ... NTCMP=SRCH

This is us!

You need to call the Parliamentary Ombudsman, Google for the number - they are helpful.
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

Xiaozhu
Junior Member
Posts: 97
Joined: Thu Nov 15, 2012 3:57 pm

Post by Xiaozhu » Fri Feb 08, 2013 9:15 pm

To clarify: YOU need to call the Ombudsman. They will send you a form, which you send your MP, your MP won't make the first move.
Application recieved: 24 August 2012
Acknowledgement letter: 29 August
BM letter dated: 18 November 2012 (arrived 21 November 2012)
BM given: 22 November 2012
Documents and BRP received: 7 March 2013

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