Wife's UK Settlement VISA Refused - Husband Overdrawn :(

[ginapeterb]

Its up to you which course of advice you take, ultimately, you can get as many opinions as you like at this forum, but the final decision is yours, remember, no one here at this forum is an immigration solicitor, I suggest you pick out the best ingredients and follow your own gut instincts on this one.

Of course you have the right to have your case looked at again, you must go to the embassy and request at the reception for the entry clearance section that the entry clearance manager looks at your case, you have a right to ask for this within 48 hours of a refusal.

If the entry clearance manager looks at your case and then decides to uphold the decision of the entry clearance officer, then you are left with only 1 approach, and that is to file your appeal within 28 days of receiving a notice of refusal.

But I would caution you, to launch your appeal in the UK, and not via the British Embassy, it takes longer for them to send the paperwork through, whereas in UK it has been known to be quicker, you can get in touch with the AIAT at Feltham, and request the paperwork to submit an appeal for consideration in the UK.

The choices are of course yours.

[Arthur Little]

Welcome, Ben.

I am truly sorry to read about the refusal of your wife's Spousal Visa. In the circumstances, all I can suggest is that you try to clear your bank overdraft and follow the advice given to you by others more experienced than myself in such matters. Good Luck to you & Liana in your attempts to resolve the issue, my friend.

[joebloggs]

I
But I would caution you, to launch your appeal in the UK, and not via the British Embassy, it takes longer for them to send the paperwork through, whereas in UK it has been known to be quicker, you can get in touch with the AIAT at Feltham, and request the paperwork to submit an appeal for consideration in the UK.

my understanding is, if you appeal to AIT all they will do is forward it to the embassy - It can take 6 weeks to do that

http://www.ukvisas.gov.uk/en/howtoap...nf19appeals#Q2

If you lodge your appeal at the visa section where you were refused, the Entry Clearance Manager will review your case in view of any new evidence that you have supplied with your appeal form. The refusal decision may be overturned at this stage.

When the visa section at the embassy receives the notice of appeal, the first thing that happens is the original decision will be reviewed. The reviewing officer can reverse the refusal and issue the visa, refer the decision to the Home Office in London or uphold the refusal.

Also, if while awaiting the appeal you submit another application which is successful then you can withdraw the appeal.But remember, if you do apply again you must address every point raised in the refusal, otherwise they will just refuse again.

appeal could take 8 months, and the cost of a lawyer,
re-applying could take 3 months, cost is a new visa fee..

only you can decide what to do, i know nothing ,but always seek legal advice - free or paid for

[ron]

Very sorry to hear of your refusal. Im also applying very soon for my wifes visa and i realise that we must always think what the ECO may be thinking in judging our application. As joe said its now upto you, to decide now. Best of Luck Ron

[IainBusby]

Very sorry to hear of your refusal. Im also applying very soon for my wifes visa and i realise that we must always think what the ECO may be thinking in judging our application. As joe said its now upto you, to decide now. Best of Luck Ron

Very true.

[John@Roselyn]

I am completely baffled by this one..
You state that you are overdrawn, even on a salary of £50k+, and then you state your wife has savings in excess of $75000...
At the risk of stating the blindingly obvious, why on earth didnt you immediately transfer money from your wife's account in to yours?? ( I am assuming of course that your account isn't overdrawn by £46k!!)

After all, as the British sponsor, they are looking at your ability to manage your finances sensibly and support two people on your income. It seems that you had a ready-made solution staring you right in the face.

You could even have channelled the money back to your wife at a few hundred a month via Western Union or bank transfer and built a paper trail of seemingly supporting her. It is difficult for them to say you cant support your wife in the UK if you have already been doing it since you met.


I earn around the same amount and have zero savings...£50k a year is a comfortable and respectable salary, so you must have some serious money problems. I supported my wife, paid everything here, and I travelled to be with my other half five times over six months, on that same salary.
(The latter shows the ECO not only committment but a very good disposable income.Two birds with one stone!)

As an added "boost" to my account when we decided to get married, I sold my car and sold a heap of junk on Ebay, and suffered public transport for 6 months. Being with my beloved takes priority over everything!
Now I can go shopping for a new car on top of all the excitement of my wife joining me. Life is grand. I hope you get things sorted.

[joebloggs]

why on earth didnt you immediately transfer money from your wife's account in to yours?? ( I am assuming of course that your account isn't overdrawn by £46k!!)


suffered public transport for 6 months. Being with my beloved takes priority over everything!

he would need to explain and prove where the money came from in a letter of support for his wife, any large mnoey transfers could look suspicous to the case worker.

as for public transport for 6 months, i've suffered from using it for more than a year and the are on strike tomoz, monday, a week on monday and 2 wks on monday,, to them..

50k is nearly double the average wage, and some people on here successfully got a visa on a lot less than the average wage.

[John@Roselyn]

he would need to explain and prove where the money came from in a letter of support for his wife, any large money transfers could look suspicous to the case worker.

Not if he did it before the 6-months-worth of bank statements. Its all in the planning/juggling!

[inlovebutstuck]

he would need to explain and prove where the money came from in a letter of support for his wife, any large mnoey transfers could look suspicous to the case worker.

as for public transport for 6 months, i've suffered from using it for more than a year and the are on strike tomoz, monday, a week on monday and 2 wks on monday,, to them..

50k is nearly double the average wage, and some people on here successfully got a visa on a lot less than the average wage.

I dont look like i got any chance if this man is on 50k a year and i cant work?
Its not looking good for me