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Travel / Re: UK Spouse Visa/Appeal Process-part2 by Godson311: 10:02pm On Jul 11, 2013
girlfio: @Godson311

So sorry to hear about your refusal, Johnwray is right, a new application is the expensive option and there is also no guarantee that they won't find some other reason to refuse the application again! If you have the money though you can always still lodge the appeal and make a fresh application at the same time

1 - evidence of a pending wedding - maybe you could submit receipts for anything that you've already bought for the wedding e.g wedding dress, favours, décor items. Make a note in your statement that you cannot make bookings for the church, registry or reception because the wedding date can only be confirmed once you know when you'll be able to enter the country i.e. visa awarded.

2 - refer to Johnwrays response. This will be where you need the most evidence. Provide the same 6 months payslips, if you can also provide a p60 that shows that gross wage for the past year met the requirements then even better. If possible also get a letter from your sponsors employer stating gross earnings and length of employment.

Trusting God that everything will go well for you

@ Girlfio

Thanks for your response, i will keep you posted on my decision and thoughts. i have also taken into account all the documents that you and johnwray suggested. Thanks for your support.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by Godson311: 9:54pm On Jul 11, 2013
johnwray:

Re-application is quicker if you can afford it but I always advice an appeal. For the first point you just need to state that an appointment can only be made at the registry with both parties present. Also you have not made any other booking e.g., halls for after party because you are not sure when the visa will be approved.

for the second point, see http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/

Pay attention to the following, especially the b part. your partner is allowed to do temp work as long as he/she meets the requirement; so you need to use this link as evidence within your write-up.

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Wage slips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) 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).

(c) Personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.

Thanks for the response johnwray, i will consider the appeal addressing the issues highlighted but it's just wickedness on the part of the ECO as those documents were provided. i will revert to you for more support as soon as i'm able to put my thoughts together.

I submitted those documents for point 2 in the decision but they claim that flexible working contract does not equal to agency work. how can a student nurse pick up a permanent job at thesame time. NHSP
Travel / Re: UK Spouse Visa/Appeal Process-part2 by Godson311: 9:54pm On Jul 11, 2013
johnwray:

Re-application is quicker if you can afford it but I always advice an appeal. For the first point you just need to state that an appointment can only be made at the registry with both parties present. Also you have not made any other booking e.g., halls for after party because you are not sure when the visa will be approved.

for the second point, see http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/

Pay attention to the following, especially the b part. your partner is allowed to do temp work as long as he/she meets the requirement; so you need to use this link as evidence within your write-up.

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Wage slips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) 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).

(c) Personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.

Thanks for the response johnwray, i will consider the appeal addressing the issues highlighted but it's just wickedness on the part of the ECO as those documents were provided. i will revert to you for more support as soon as i'm able to put my thoughts together.

I submitted those documents for point 2 in the decision but they claim that flexible working contract does not equal to agency work. how can a student nurse pick up a permanent job at thesame time. NHSP is a government agency that holds bank staffs for all NHS services in the UK. even medical doctors picks up jobs with them outside their regular working hours. But all thesame, i will re-provide the information requested as evidence. Thanks once again for your time. Much appreciated.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by Godson311: 7:34am On Jul 11, 2013
Hello Justwise, johnwray, girlfio and other experts in the house, I have been following the thread for sometimes now which helped me to gather information for my settlement visa application as a fiancé to my partner. we plan to do our wedding in the uk within 6 months of my arrival. My application was refused base on silly excuses (1.) That i have not provided evidence of an actual booking for the wedding and (2.) That my partners payslip doesn't cover the entire 6 months as stated in the immigration rule and furthermore that the letter from employer submitted stated that she works flexibly with them and can still make on-going bookings.

Evidence of the two points highlighted above was provided in the application. we approached the registry office in uk and we were told that both of us have to be present in uk and attend interview before they are able to give us an appointment slot. They gave us an enquiry form when we submitted alongside with the application and for the payslip stuff, the ECO was wicked as 6 months payslip was submitted.

Please house, i'm not sure weather to appeal or make a fresh application becos with the new process, appeal may take long time but on second thought, those points if addressed correctly in the appeal, the ECM may overturn the decision and i grant the visa. Pls your advice will be well appreciated. Thanks and awaits your response.
Travel / Re: General UK Visa Enquiries - Part 2 by Godson311: 10:04pm On May 29, 2013
Vicjustice: Spouse, settlement or family reunification visas are special rights category, though, they could come in few weeks in some rare cases, but most could take any time from 3 months to 3 years depending on the simplicity or the complication of the application.

Thanks Vicjustice. Really appreciates the info. i just have to wait for feedback from them.
Travel / Re: General UK Visa Enquiries - Part 2 by Godson311: 9:09am On May 29, 2013
Dear readers / posters,

Firstly i will like to thank justwise, vicjustice and other contributors on this tread for your support and assistance in helping people actualise their dreams of making credible trips/travel abroad.

My question: I submitted application for uk spouse visa and it's 9th week but still no feedback from them. The vfs tracking system displays no detailed stage of the application other than "Your application has been forwarded to BHC"

Any advice will go a great deal in helping cooling off the anxiety........... Thanks for you anticipated support

Regards
Travel / Re: UK Spouse Visa/Appeal Process-part2 by Godson311: 9:31am On Oct 11, 2012
UK Settlement visa related issue (Justwise & all in the house, your help pls.............)

I applied for a settlement husband visa but was refused becos my marriage with my sponsor was considered to be invalid under UK law. This was an ignorance on our part as we did our wedding after collecting the decree nisi before the final decree absolute letter for my wife's divorce. our wedding took place before the 6 weeks period when the decree absolute was issued.

We appealed and apologised for this omission but the ECM upheld their decision and the IJ later dismissed the appeal under human right and immigration law using article 8 that our marriage is considered invalid under uk law.

Question: Do we stand a chance of winning the appeal if we appeal to the upper chamber for re-consideration? or should i just dissolve my marriage with my wife and re-marry, thereafter making a fresh application?

Please, your advice and guidance will be much appreciated, i need to make a decision on that ASAP.

Thanks for your anticipated support
Travel / Re: General UK Visa Enquiries - Part 2 by Godson311: 9:10am On Oct 11, 2012
UK Settlement visa related issue (Justwise & all in the house, your help pls.............)

I applied for a settlement husband visa but was refused becos my marriage with my sponsor was considered to be invalid under UK law. This was an ignorance of our part as we did our wedding after collecting the decree nisi before the final decree absolute letter for my wife's divorce.

We appealed and apologised for this omission but the ECM upheld their decision and the IJ later dismissed the appeal under human right and immigration law.

Question: Do we stand a chance of winning the appeal if we appeal to the upper chamber for re-consideration? or should i just dissolve my marriage with my wife and re-marry, thereafter making a fresh application?

Please, your advice and guidance will be much appreciated, i need to make a decision on that ASAP.

Thanks for your anticipated support.

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