Hello,
*Apologies if this should be under another topic - admin, please move as you see fit.*
My Chinese wife just arrived (early Jan 2019) in the UK after an 8 month battle with the Home Office over her spouse visa application. We were both abroad together and therefore relied on the savings category - we were rejected (incorrectly) on financial grounds. We had hired an immigration advisor to prepare the application, and a solicitor to handle the appeal.
While we were dealing the shock that is a rejection we used information from this and other immigration boards. The advice here was invaluable to understanding our position and plan of action. Thank you everyone for your help! While appealing, we noticed there were no recent complete accounts of the application/appeal and so compiled a detailed account for others' benefit. Hope it helps!
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Applying for a ILR Visa for spouse of British Citizen (spouse visa) based on savings (Cat D)
We submitted an application with total savings of GBP 85000 held in 4 currencies across 7 bank accounts. It was complicated but we included the following five sets of documents to support the financial side of the application:
1) Appendix 2 (application form) stating all bank accounts and total,
2) 7 sets of stamped bank statements printed in-branch (including translations),
3) excel spreadsheet summarising the daily total across all 7 bank accounts demonstrating we met the threshold every day,
4) legal cover letter explaining our situation written by our immigration advisor,
5) signed statements and payslips showing origin of funds in line with requirements.
Timeline:
March 2018: We calculated that by May 1st 2018, we would have reached the 62.5k threshold for 6 months necessary to apply for the spouse settlement visa.
26th April 2018: We hired an immigration advisor. The immigration advisor we hired (xxxxxxxxx) offered a No Win No Fee policy which won our business. Immigration advisory fee: GBP 1250.
Late April 2018: spent collecting documents according to advisor's instructions.
May 9th: Wife flies to Shanghai to collect remaining documents (We were living in New Zealand on a working holiday at the time). I remain in NZ.
May 16th (0 days): Submit online application with immigration advisor. Pay immigration fees and IHS.
May 30th: Complete collection of documents (what a stack!)
May 31st: Wife submits biometrics in Shanghai and sends all documents to immigration advisor in London.
June 5th: Immigration advisor collects documents and submits to Sheffield.
August 20th (58 working days later): Decision made according to decision letter, but we had no idea at this point.
August 25th: Wife and I return to Shanghai from NZ.
August 27th: UKVI notified wife that decision had been made and she needs to wait for VFS to ask her to collect passport.
August 29th (65 w/d = 90 c/d): Wife and I visit VFS, Visa refused based on them not seeing our bank statements somehow and judging our savings insufficient. Immigration advisor emails UKVI to protest.
Letter states:
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4 because:
You have stated that you meet the financial requirements of Appendix FM through cash savings. In order to meet the financial requirements of the Rules you are required to show that you and/or your sponsor have held at least GBP 62500 in cash savings for at least 6 months prior to your application. You state on your application form that your sponsor holds GBP 50848.69 in cash savings and you hold CNY49683.69 in cash savings. However, CNY49683.69 is the equivalent of GBP5827.00. This means that the combined cash savings held by you and your sponsor is GBP56675.69. This is not sufficient to meet the financial requirements. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration Rules. (E-ECP.3.1)
We met all other eligibility criteria according to the letter.
August 30th: I write to my MP with evidence and refusal letter requesting he protest the decision.
Sept 5th: Immigration advisor decides to refund our fee as long as we immediately cease communications.
Sept 11th: MP replies saying he has called and emailed our protest to UKVI.
Sept 12th: Wife and I retain solicitor (aaaaaa- really good!) to lodge appeal and write protest letter to UKVI (Solicitor cost: GBP 800)
Sept 18th: xxxxxxxxx refunds GBP1250.00 to us. We felt bad about asking for the money back as they hadn't made any mistakes as far as we could tell, but we needed the money for the appeal. They were super responsive during our application and always available.
Sept 21st (114 calendar days): Solicitor lodges appeal and submits letter of protest.
Sept 26th (119 c/d): Wife receives email from HM Courts & Tribunals requesting payment of GBP 140 for appeal. Fee paid. Letter written to MP with Appeal Number asking him to tell UKVI that we hope we can have decision overturned without going to court.
Oct 4th (126 c/d): Solicitor confirms appeal has been successfully lodged with the Home Office.
Oct 5th (127 c/d): UKVI receive appeal notification.
Oct 10th (132 c/d: Email from MP stating that UKVI ECM has agreed our case should be reconsidered:
Dear Mr abc
Thank you for your email correspondence of 11 September, including extracts on behalf of Mr XXX of Flat XXX, London, about Ms XXX's settlement visa.
There is no basis in law for us to reconsider our decisions and we will not do so unless we have made an error in the decision making process. For example, we did not consider evidence that was available to us at the time the decision was made or we did not correctly apply the Immigration Rules.
Following your representations, an Entry Clearance Manager has reviewed the application and has agreed that it should be reconsidered; this process will be escalated, and Ms XXX will be notified of the outcome in due course.
(We do a little dance to celebrate).
Oct 11th: Caroline Noakes MP (Minister for Immigration) announces IHS surcharge will be increased from GBP 700 to GBP 1400 on Dec 1st 2018 (for settlement visas).
Oct 18th: I return alone to family home in France to minimise spending and start search for jobs.
Nov 2nd (155 c/d): I write to MP requesting he remind UKVI that they should reconsider our response.
Nov 7th (160 c/d): MP responds saying they have re-contacted UKVI to push things along.
Nov 9th (162 c/d): On solicitor's reccomendation, we complain to Home Office at complaints@homeoffice.gsi.gov.uk stating our appeal number and CCing my MP saying they have not met the 28 day deadline to respond specified by HM Courts & Tribunals on Oct 5th.
Nov 11th (164 c/d): UKVI send email requesting we re-submit bank statements and appendix 2 within 10 days to a designated mailbox (SheffieldDocsRequested.china@fco.gov.uk)
Nov 12th (165 c/d): We try to send documents, but they are returned as file size is too big (10mb). I call UKVI number and spend GBP 20 asking the max file size. They don't know and tell me that a response will be send in 15 working days. Seriously...
Nov 13th (166 c/d): We determine mailbox size is 8mb and submit documents to UKVI CCing solicitor.
Nov 19th (172 c/d): Wife receives two cryptic emails from a UKVI ECO. 1st: Your documents have been received. 2nd: "Please await a payment link for IHS surcharge from relevant team. Please be patient."
Nov 23rd (176 c/d): We paid GBP 5.48 to email UKVI to ask to escalate the sending of the IHS link. UKVI replied telling us the case had been escalated and would be resolved within 15 working days. Received reply telling us to be patient.
Nov 26th (179 c/d): email from UKVI Sheffield to say decision has been overturned and we can go to VFS to get the visa vignette. (another dance!) Wife pays IHS surcharge and gets confirmation email of payment, but no second email citing IHS number. We paid approx GBP 600 for the IHS.
Nov 27th (180 c/d): Wife submits passport to VFS Shanghai
Nov 29th (182 c/d): Wife receives email from UKVI saying IHS hasn't been paid yet. We call UKVI and they say it's probably an automated email so don't worry.
Dec 3rd (186 c/d): Wife asks VFS for update, but passport hasn't yet been requested by embassy. I ask MP to prod UKVI, MP replied immediately to say they have asked UKVI what the delay is.
Dec 5th (188 c/d): Emailed UKVI (GBP 5.48) to ask what the delay is.
Dec 6th (189 c/d): UKVI replied asking for wife's application details (their standard initial response to all questions is to ask her name, dob, etc. all over again). Wife visits VFS to encourage them to hurry up.
Dec 10th (193 c/d): Useless email from UKVI saying a decision has been made and to be patient.
Dec 13th (196 c/d): Email from UKVI telling us there is no designated timeframe for issuing the visa so all we can do it wait...
Dec 23rd (206 c/d): I fly to China for China because I can't stand the distance any more. (650 GBP in flights)
Dec 27th (210 c/d): Call to wife from Beijing embassy asking if the passport has been submitted to VFS shanghai yet... Embassy estimates 3 working days to return passport. No confirmation on whether the visa is successful yet.
Dec 31st: I return to the UK.
Jan 2nd (216 c/d): email from UKVI informing us we will be told decision soon.
Jan 3rd (217 c/d): email from VFS saying visa is ready for collection from Jan 4th.
Jan 4th (218 c/d): Wife picks up visa and letter from home office (dated Dec 6th 2018!!!) telling us the visa has been approved.
Jan 9th (223 c/d): Wife arrived in UK! (Hooray!)
Jan 14th - Post office hadn't received BRP yet despite the Home Office letter telling us it would be waiting for us on Dec 20th 2018! Home Office confirmed they forgot to print it or something, so that should arrive in the "next five working days." So probably in 2025 sometime...
Hope this helps someone out there keep fighting these unfair and illegal decisions.
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