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I guess they could. I've heard of a lot of cases where the ECO overlooked something, made a huge error in dates etc.. and then tried to blame the applicant of deception. Mistakes happen. I hope you get everything clarifed.Unknown1 wrote:HI FOLKS. IM SOUTH AFRICAN AND MY SPOUSE IS BRITISH. WE HAVE BEEN MARRIED SINCE OCT 08 AND WE HAVE A 11 MONTH OLD SON TOGETHER. RECENTLY I APPLIED FOR A SPOUSE VISA AND THE ECO WAS SATISFIED THAT I MEET THE CRITERIA OF PARAGRAPH 281 HOWEVER, MY APPLICATION WAS REFUSED BECAUSE I DID NOT PROVIDE EVIDENCE OF MY FATHERS SOURCE OF MONEY THAT WAS TRANSFERRED FROM HIS BANK ACCOUNT TO MINE. WE GAVE EVIDENCE BY SUBMITTING BANK STATEMENTS (MINE AND MY DADS) THAT £2500 WAS GIVEN TO ME BY MY DAD. THE ECO REFUSED THE APPLICATION BECAUSE I DID NOT GIVE EVIDENCE OF WHERE MY DAD GOT THE £2500 FROM. I FIND THIS RATHER ODD BECAUSE I SUBMITTED BOTH MY PARENTS PAY-SLIPS WHEN APPLYING. HOW CAN YOU QUESTION SOMEONE WHO EARNS MORE THAN £1500 PER MONTH WHERE THEY GOT £2500? ANYWAY WE HAVE SENT THROUGH THE EVIDENCE TO THE BRITISH EMBASSY OF WHERE THE MONEY CAME FROM BUT WAS THE ECO ALLOWED TO REFUSE ME A SPOUSE VISA PURELY ON THOSE GROUNDS ONLY?
BUT NOWHERE DOES IT STATE THAT IF SOMEONE GIVES YOU MONEY, THEN YOU SHOULD GIVE EVIDENCE AS TO WHERE THEY GOT THAT MONEY FROM. IT MAKES NO SENSE AT ALL ESPECIALLY BCOZ MY DAD IS EMPLOYED. I FIND IT SILLY THAT I HAVE BEEN REFUSED A SPOUSE VISA. IT IS NOT A REQUIREMENT. HAD IT BEEN, THEN SURE I WOULD HAVE DONE SOboulevardofbrokendreams wrote:I guess they could. I've heard of a lot of cases where the ECO overlooked something, made a huge error in dates etc.. and then tried to blame the applicant of deception. Mistakes happen. I hope you get everything clarifed.
It kind of ties into the whole "no third party support" thing. If the ECO thought that your father was giving you money to support you then this may be the reason for the refusal. There is yet no guidance on third party support so they may refuse applicants based on this unfortunatly.Unknown1 wrote:BUT NOWHERE DOES IT STATE THAT IF SOMEONE GIVES YOU MONEY, THEN YOU SHOULD GIVE EVIDENCE AS TO WHERE THEY GOT THAT MONEY FROM. IT MAKES NO SENSE AT ALL ESPECIALLY BCOZ MY DAD IS EMPLOYED. I FIND IT SILLY THAT I HAVE BEEN REFUSED A SPOUSE VISA. IT IS NOT A REQUIREMENT. HAD IT BEEN, THEN SURE I WOULD HAVE DONE SOboulevardofbrokendreams wrote:I guess they could. I've heard of a lot of cases where the ECO overlooked something, made a huge error in dates etc.. and then tried to blame the applicant of deception. Mistakes happen. I hope you get everything clarifed.
I agree, this is very crap. Does your father have proof of where it came from?Unknown1 wrote:This is what the ECO said, " I am aware that your father had £2500 transferred to his account on 6 January and on the 8 January the same amount of £2500 was then transferred to you. You have not given evidence as to where your father received the £2500 so therefore I am not satisfied that this money is available to you and that, on the balance of probabilities, I am not satisfied that you can maintain yourself and any dependents without recourse to public funds..."
My bank balance was £6700 but because he didn't know where my father received the £2500 which he gave me I was refused. Just because the ECO did not know where my father got the £2500 he thought I will resort to public funds. That is pure madness, he overlooked the fact that I had an extra £4200 reflecting on my bank account. Plus I submitted a genuine job offer letter from the UK. I fail to understand how he thinks I will need the public purse to help me out financially.
Yes Sir. Its transferred from his savings account into his current account. The only reason why he transferred was because he cant directly withdraw from his savings. Nonetheless, we later faxed the 2 Bank statements (savings and current accounts) to the British Embassy after I was refused.boulevardofbrokendreams wrote:I agree, this is very crap. Does your father have proof of where it came from?
I think what they want to see is where your father got this money in the first place. Was it savings from working or something like that?Unknown1 wrote:Yes Sir. Its transferred from his savings account into his current account. The only reason why he transferred was because he cant directly withdraw from his savings. Nonetheless, we later faxed the 2 Bank statements (savings and current accounts) to the British Embassy after I was refused.boulevardofbrokendreams wrote:I agree, this is very crap. Does your father have proof of where it came from?
Yeah its savings from personal income. Just like any wise person would save a portion of their salary. My father has been employed for the past 30 years as a School Head Teacher and has never been unemployed. He has a steady habit of saving.boulevardofbrokendreams wrote:I think what they want to see is where your father got this money in the first place. Was it savings from working or something like that?
That's good. Then IMO you have a lot of positives going for you in the appeal process . I'm sorry they made it so difficult for you, a genuine person who followed the rules.Unknown1 wrote:Yeah its savings from personal income. Just like any wise person would save a portion of their salary. My father has been has been employed for the past 30 years as a School Head Teacher and has never been unemployed. He has a steady habit of saving.boulevardofbrokendreams wrote:I think what they want to see is where your father got this money in the first place. Was it savings from working or something like that?
The ECO is probally right in refusing you as he is not satisfied that you have sufficient funds /accommodation because you are claiming benefits.Zaryaab wrote:I need any advise on the same topic. My spouse have applied for settlement visa but refused on the same grounds. The ECO said that he is not satisfied on the balance of probabilities that the funds will be genuinly available to him and he is not satisfied on the origin of funds. I am mother of 3 children, have diabeties and also had complicated surgery in last August when my younger son was born (six months). Appealed against the decision but the appeal is pending until june 2 and date will be set after that deadline. My question is what requirment ECM need to c as a proof of origin of funds (husband) (I am on benefits) ECO refused under 281 paragraph 1v an v.
I need advise how to proof the origin of funds and can i expediate my appeal on the grounds of diabetes, insulin dependent, three children and complication due to the surgery. My husband did submit the edequate accommodation report, contract valid for one year and also offer of job in UK. why he did not consider all this documents and simply refused on origin of funds.
batleykhan wrote:My advise still is 3rd party support of your application. Whilst your husband may have £10000 but supporting a wife and 3 kids on that money is not going to last long. What happens if your husband is unable to find a job in these difficult times?
These are things you should consider carefully and the choice is yours to make. Good luck whatever you do
hi in this case ,the ECO just asking about origin of savings,batleykhan wrote:My advise still is 3rd party support of your application. Whilst your husband may have £10000 but supporting a wife and 3 kids on that money is not going to last long. What happens if your husband is unable to find a job in these difficult times?
These are things you should consider carefully and the choice is yours to make. Good luck whatever you do
@Khan who told you third party support is allowed for maintenance?
I know a recent case law but home office has not modified their guidance yet...So third party support would be a straight forward refusal.
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