Refusal visa!!!

[yanghwa]

i received my uk visa refusal today on ground that my husband is not settled in the UK, the word SETTLED is the focal point for the refusal. my husband work abroad 28 days and 28 days home at the moment his travelling to the philippines to be with me. so he is spending more time out of the country until my visa processed then we will spend more time in the UK together...the word settled is causing the problem as we dont not know the definition of this word regarding immigration rule... my husband have a house, paying council tax, electricity, Gas and etc.... and has lived all his life in the UK, how can his not settled?
this is the decision;

You have sought to settle in the UK as the wife of Mr........... and I am satisfied that you are married and that he is a British Citizen. However whilst I accept that your husband is a British Citizen who retains a home and savings in the UK, in order to qualify for settlement you are required to demonstrate that your husband is present and settled in the UK. Guidance for Entry Clearance Officers indicates that "present and settle" means that the sponsor is either:

I: settled in the UK and, at the same time that an application under the immigration rules is made, is physically present in the UK; or
II: is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

for this reason I am therefore not satisfied that you meet the requirements of paragraph 281 (i)(a)(i) the applicant is married to a person present and settled in the united kingdom..

[lastlid]

Oil worker?

I used to do that years ago. 28 days on and 28 days off. I was always classed as a UK resident with UK passport, born and bred here and taxed as such and paid national insurance etc etc. Had a house and a mortgage etc etc

I was settled in the UK, I just worked abroad.

[melovesengland]

Ohh dear. I am so sorry to hear about your visa yang. :(

[yanghwa]

Oil worker?

I used to do that years ago. 28 days on and 28 days off. I was always classed as a UK resident with UK passport, born and bred here and taxed as such and paid national insurance etc etc. Had a house and a mortgage etc etc

yes he is... but i really dont know why they stated that my husband is not settle in the UK...he spend time in the philippines together with me till we get the visa for me...but unfortunately its look like his out of the country permanently...

[yanghwa]

Ohh dear. I am so sorry to hear about your visa yang. :(

were very sad....

[melovesengland]

were very sad....but what to do..that is a God will...

I am very sorry again Yang. I guess there are ways still to push your app like making an appeal. Im sure the headmasters here in the forum will help you out. I am going to get myself ready in case my app is not succesful. Im so sorry. :(

[yanghwa]

I am very sorry again Yang. I guess there are ways still to push your app like making an appeal. Im sure the headmasters here in the forum will help you out. I am going to get myself ready in case my app is not succesful. Im so sorry. :(

It's ok melovesengland, actually we don't know how to appeal but we will try...

[melovesengland]

It's ok melovesengland, actually we don't know how to appeal but we will try...

Try to visit the website of the UKBA yang if you are ready na. Just give yourself time to clear your mind before going to the next step. I hope everything will go well in future. Good luck to us. :)

[grahamw48]

Strange how I could get dependent visas for my Filipina ex-wife's two children when both she and I had been out of the UK for more than a year and didn't even have an address there.

These decisions seem to get more and more 'questionable'. :NoNo:

Definitely appeal....and don't leave it too long.

Otherwise your partner needs to change his circumstances to meet the (stupid ?) requirements of the ECO, and then re-apply.

Your case also demonstrates how important it is to 'read the smallprint' on the visa application form, and make sure you are well covered for meeting any conditions which might be seen on your application as 'marginal' by the ECO.

[yanghwa]

Strange how I could get dependant visas for my Filipina ex-wife's two children when both she and I had been out of the UK for more than a year and didn't even have an address there.

These decisions seem to get more and more 'questionable'. :NoNo:

Definitely appeal....and don't leave it too long.

Otherwise your partner needs to change his circumstances to meet the (stupid ?) requirements of the ECO, and then re-apply.

Your case also demonstrates how important it is to 'read the smallprint' on the visa application form, and make sure you are well covered for meeting any conditions which might be seen on your application as 'marginal' by the ECO.

thank you very much but the small print is not detailed enough for our circumtances, so my husband will proceed to arrange a oral hearing in the UK...

[grahamw48]

Good luck to you both. :xxgrinning--00xx3:

[malditako]

that's strange my husband do 5 months contract work in the uk then stay in phils longer than 6 months when off contract before. he did that for nearly 6 years and only staying at his friends house while here in uk. He just rented a house of his own 2 months prior to my visa application in philippines. My visa was granted 1 week after of the submission. Well we explain everything in writing though. Hoping for appeal would be a success.

[joebloggs]

sorry i've got to :icon_lol:, some of the reasons are just :crazy: these days.

graham your case is different, you would come under
II: is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

this is crazy, how do they know if he was in the UK when they submitted her app ?

[Miss Taurus]

Oh yang! Sorry to hear about your visa refusal:(

[yanghwa]

sorry i've got to :icon_lol:, some of the reasons are just :crazy: these days.

graham your case is different, you would come under
II: is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

this is crazy, how do they know if he was in the UK when they submitted her app ?

My husband was with me in the Philippines when I submitted my application but we intended to meet at Amsterdam and travel to our home in the uk after my husband finish his work rotation..

[gladz]

Sorry to hear about your visa refusal Yang.

Go for an appeal.

[yanghwa]

Sorry to hear about your visa refusal Yang.

Go for an appeal.

yes we will do. All i can say is "this is life" and we r sad and disappointed....

[han]

:Wave: hello..
i am reading your post now... i'm sorry to hear that.
Did you wait for that long? before your got their decision.?~

I am worried.. I've been waiting for 14-weeks now, since i applied for my FLR visa.
Fingers crossed... Still praying for all Pinays who are waiting for their docs.~

I hope... you and your husband will be alright.

cheers..

[juvyjones28]

O dear, be strong yang! The ECO's decision is not fair. Your hubby is settled in UK they just got confused maybe, so better try to send a letter of reconsideration to the ECM and an appeal. My heart, thoughts and prayers are with you both during this very sad time.

[yanghwa]

O dear, be strong yang! The ECO's decision is not fair. Your hubby is settled in UK they just got confused maybe, so better try to send a letter of reconsideration to the ECM and an appeal. My heart, thoughts and prayers are with you both during this very sad time.

Hello juvyjones28, if u don't mind, how can I contact the ECM?

[Marie]

yes we will do. All i can say is "this is life" and we r sad and disappointed....
sorry about this Yanghwa....really so stressful this VISA application....but you need to relax for a while then think it over if what is the best to do...I know so many here will guide you....God Bless.. my prayer for you...kaya mo yan.....take care

[juvyjones28]

Hello juvyjones28, if u don't mind, how can I contact the ECM?

You and your husband must write a letter immediately asking for reconsideration to the EC manager at British Embassy explaining the circumstances. Also be prepared to send the appeal form in before the deadline. We're hoping that the ECM will overturn the decision.

:pray:

[lastlid]

yes he is... but i really dont know why they stated that my husband is not settle in the UK...he spend time in the philippines together with me till we get the visa for me...but unfortunately its look like his out of the country permanently...
Just an idea but they could have based it on number of days out of the UK in the year. My tax used to be assessed on that basis, thats why I mention it. Just a suggestion....

There was one year, a few years back, where I paid no tax because I qualified by spending less than the threshold number of days in the UK. Maybe the UKBA have used a similar method to assess residency?

(I used an accountant at the time. Saved myself quite a few thousand quid that year. All based on the number of days outside of the UK in the tax year)

[Arthur Little]

Yang, :sorry-2: ... when responding to your previous thread last night, I'd been in no doubt your visa was on its way - because the standardised *wording of the email sent to you by VFS *matched exactly that in the one MY wife received at the time her visa was granted.

[Leen]

so sorry to hear your visa refusal yang just be strong i know it's only temporary...just follow what they advice you here about making an appeal and im hoping and praying you'll get a positive result soon

[bigmarco]

Hi Yang so sorry to hear about your refusal on what seems like my wifes to be such a ridiculous reason. Just to let you know that after my wifes refusal we immediately sent a letter requesting reconsideration to the ECM at the Embassy in Manila pointing out why we felt the refusal was wrong. Unfortunately they appear to have ignored our request and insisted that we should proceed with our appeal. Although it didn't work for us it will not do you any harm to try. You should also make arrangements to submit your appeal to the UK within the 28 day limit. We are currently waiting to hear from HMCTS as we have like you requested an Oral hearing.
Please dont lose heart, I know that it is very hard for you both at the moment as we are having the same experience. But stay strong and commited and I'm sure everything will be fine in the end.
:xxgrinning--00xx3:

[lastlid]

Strange how I could get dependent visas for my Filipina ex-wife's two children when both she and I had been out of the UK for more than a year and didn't even have an address there.

These decisions seem to get more and more 'questionable'. :NoNo:

Definitely appeal....and don't leave it too long.

Otherwise your partner needs to change his circumstances to meet the (stupid ?) requirements of the ECO, and then re-apply.

Your case also demonstrates how important it is to 'read the smallprint' on the visa application form, and make sure you are well covered for meeting any conditions which might be seen on your application as 'marginal' by the ECO.


Maybe the definition of residency has changed. :Erm: I know that the rules on tax exemption and residency have changed in the last 15 years as they changed the year after I got my tax rebate thus closing the door on further rebates.

Maybe Yanghwa's sponsor has to now prove that he qualifies as being resident in the UK?

[grahamw48]

I think you're right with the taxation rules connection, and no doubt same criteria applied by the UKBA.
So many days/months a year in residence isn't it ?

It's possible the actual employment situation wasn't made clear on the visa application form. I doubt they (ECOs) will bother to check. :Erm:

Surely P60 evidence or pay slips should be sufficient ?

An interesting case....though terrible for this couple.

[lastlid]

Surely P60 evidence or pay slips should be sufficient ?



Of course I don't know all of Yangwha's details but in my case I was on the UK payroll, despite being deemed out of the country sufficiently long enough to get a tax rebate. So in my case payslips and a P60 wouldn't really give any detail of my whereabouts. Passport stamps did, however and these were used to help prove my absence from the UK. ( I had to go out of my way to make sure I got my passport stamped every time I arrived in another country. )

[lastlid]

So many days/months a year in residence isn't it ?



Well, it was a good number of years ago now, maybe 1998 or thereabouts....I cant remember, but at the time there were three categories. Now there are only 2 for tax purposes. I would need to google it now. Off the top of my head one would need to restrict ones time in the UK to something less than 60 days a year to qualify for 100% tax relief. If you are an oil rig worker over seas on 28 and 28 then you are away for 6 months of the year anyway. Then it only needs a 3 or 4 trips where you dont go back to the UK and you would then qualify for 100% tax relief. I will google it.

See later. It has indeed changed......

[lastlid]

"In what circumstances would I become non-resident?

A3. Normally if you leave the UK to work abroad full-time, you will become not resident and not ordinarily resident in the UK if:

- your absence and employment from the UK covers a complete tax year (that is 6 April to 5 April)


- you spend less than 183 days in the UK during the tax year


- your visits to the UK do not average 91 days or more a tax year over a maximum of four years
From 6 April 2008, days when you are in the UK at the end of the day, that is midnight, are normally counted as days spent in the UK".


http://www.hmrc.gov.uk/incometax/tax-leave-uk.htm#1

http://www.hmrc.gov.uk/cnr/hmrc6.pdf

http://www.hmrc.gov.uk/international/special-jobs.htm#4

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/LeavingOrComingIntoTheUK/DG_10026136


Like normal government stuff, not easy to read but its this kind of thing that might be at play here, bearing in mind these links are for tax purposes.....

[iamghee]

sorry to hear about what happened:doh it's not good, I find the immigration rules tricky and difficult to understand to be honest. this is extremely strange

[scottishbride]

I am sorry to hear your visa refusal. Strange... :cwm24: My husband never been in the UK for the last 5 years as he lived with me. So technically he is not a resident at all... And I've got my visa without any question. He also works abroad and away for 3 months.

[Arthur Little]

I find the immigration rules tricky and difficult to understand to be honest.

:anerikke: ... you're not alone! :NoNo:

[lastlid]

I am sorry to hear your visa refusal. Strange... :cwm24: My husband never been in the UK for the last 5 years as he lived with me. So technically he is not a resident at all... And I've got my visa without any question. He also works abroad and away for 3 months.

You may be correct scottishbride, I am just trying to shed some light on this one....

Does your hubby work in the oil industry?

[lastlid]

Yes... And he got a taxman to deal with HMRC.

Yes. Same here. Best couple of hundred quid I ever spent. :xxgrinning--00xx3:

[andy222]

Sorry to hear about your refusal they are going crazy. It seems like any excuse for a refusal.

[lykayu01]

sorry to hear that ate Yangwa...wish u Goodluck on your appeal... :)

[grahamw48]

You may be correct scottishbride, I am just trying to shed some light on this one....

Does your hubby work in the oil industry?

Thanks for all the research Lastlid. :xxgrinning--00xx3:

Hopefully the info' you've dug up will be of some use to the OP.

In a sense they need to 'stand it on its head' as it were, because they'll be wanting to prove the OP's partner WAS resident in the UK for more than a certain length of time each year (91 days),rather than absent... as you'd want to show for tax (avoidance :D) purposes.

[aronbabev]

am sorry to hear about it...:doh:doh

[Eyes O'Donnell]

Hello juvyjones28, if u don't mind, how can I contact the ECM?

Im so sorry to hear that yanghwa. Good luck with the appeal. God bless

APPEAL TEAM/VISA SECTION
BRITISH EMBASSY
120 UPPER MCKINLEY RD.
MCKINLEY HILLS
TAGUIG CITY 1634

[joebloggs]

i received my uk visa refusal today on ground that my husband is not settled in the UK, the word SETTLED is the focal point for the refusal. my husband work abroad 28 days and 28 days home at the moment his travelling to the philippines to be with me. so he is spending more time out of the country until my visa processed then we will spend more time in the UK together...the word settled is causing the problem as we dont not know the definition of this word regarding immigration rule... my husband have a house, paying council tax, electricity, Gas and etc.... and has lived all his life in the UK, how can his not settled?
this is the decision;

You have sought to settle in the UK as the wife of Mr........... and I am satisfied that you are married and that he is a British Citizen. However whilst I accept that your husband is a British Citizen who retains a home and savings in the UK, in order to qualify for settlement you are required to demonstrate that your husband is present and settled in the UK. Guidance for Entry Clearance Officers indicates that "present and settle" means that the sponsor is either:

I: settled in the UK and, at the same time that an application under the immigration rules is made, is physically present in the UK; or
II: is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

for this reason I am therefore not satisfied that you meet the requirements of paragraph 281 (i)(a)(i) the applicant is married to a person present and settled in the united kingdom..


I am sorry to hear your visa refusal. Strange... :cwm24: My husband never been in the UK for the last 5 years as he lived with me. So technically he is not a resident at all... And I've got my visa without any question. He also works abroad and away for 3 months.

as your husband lived outside the UK, he was returning to the UK with you, which is covered by (II)

[lastlid]

In a sense they need to 'stand it on its head' as it were, because they'll be wanting to prove the OP's partner WAS resident in the UK for more than a certain length of time each year (91 days),rather than absent... as you'd want to show for tax (avoidance :D) purposes.

Yes. Exactly what I was thinking....

[yanghwa]

Hi everyone Im Yanghwas husband Mick good to meet you all and I appreciate your concerns and take your advice willingly. Today we put together a pack and sent to UK appeal department by FEDEX.
We also sent a reconsideration to Manila lets hope something positive comes from this.
Just to refresh all on the 90 day rule. If you are out tof the Uk for one full year you become no taxable and can become non resident. In my case Im back in the uk four or five times during a one year period so I do not fall into the non resident bracket but do qualify for tax exemption as Im never in the country more than 90 days.
It seem to me they misunderstand my circumstances, I do not think they are waiving the 90 day rule as this does apply to residence only tax , I think there under the impression Im never in the country If they had read our documents correctly it clearly states my travel to and from the UK. We will keep fighting on and hope there is a light shining ahead. anyway i will let you know the progress of our appeal. thank you and God Bless.
Mick

[grahamw48]

Welcome to the forum Mick. :xxgrinning--00xx3:

I too had the feeling that they'd misinterpreted your residency situation. (:rolleyes:)

The main thing is that you've got back to them quickly, so hopefully it will soon get sorted in favour of you and your partner.

Wishing you both the best of luck, and let us know how things progress....some pretty clued up people on here, should you require further advice. :)

[raynaputi]

Good luck on your appeal Mick and Yanghwa..:xxgrinning--00xx3: it's really annoying when they (ECO/UKBA) are misunderstanding and not reading everything..:cwm23:

[yanghwa]

Thank you very much grahamw48 and raynaputi.

[lastlid]

Hi everyone Im Yanghwas husband Mick good to meet you all and I appreciate your concerns and take your advice willingly. Today we put together a pack and sent to UK appeal department by FEDEX.
We also sent a reconsideration to Manila lets hope something positive comes from this.
Just to refresh all on the 90 day rule. If you are out tof the Uk for one full year you become no taxable and can become non resident. In my case Im back in the uk four or five times during a one year period so I do not fall into the non resident bracket but do qualify for tax exemption as Im never in the country more than 90 days.
It seem to me they misunderstand my circumstances, I do not think they are waiving the 90 day rule as this does apply to residence only tax , I think there under the impression Im never in the country If they had read our documents correctly it clearly states my travel to and from the UK. We will keep fighting on and hope there is a light shining ahead. anyway i will let you know the progress of our appeal. thank you and God Bless.
Mick

I see what you mean. Another case here of the ECO not looking at the evidence.....

Good luck. :xxgrinning--00xx3:

[lastlid]

I wonder if these ECOs have passed the English Language Test? :Erm:

Particularly the Reading section...:D

[bigmarco]

I wonder if these ECOs have passed the English Language Test? :Erm:

Particularly the Reading section...:D

Interesting point Lastlid. You would think that for over £800 the very least they could do is employ someone who could read and understand English.:cwm23:

[tone]

Having read this - sorry to hear about the refusal!
The ECO does seem to have speed read the data and missed quite an important point, hopefully the reconsideration will be sweet and swift! Good luck with it.

Tone