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  1. #1
    Respected Member ginapeterb's Avatar
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    I suggest on the basis of the information you have provided, that letting the entry clearance officer look at your application, will no doubt bring the same result, the fact is, the statements showed overdrafts, and in any event a recent change of job, compounds the case.

    My suggestion is, you may wish to start the appeals process, by returning the notice of intention to appeal, and do so within 28 days, file the appeal direct with the Asylum and immigration appeals tribunal in Feltham, and then take next 6 months or so to sort out a good record of employment and bank statements showing that the husband can support you without recourse to public funds.

    You may try to submit new statements, which you should do in any event, however, I rather fear the result will be the same.

    Best of Luck, all is not lost.


  2. #2
    Respected Member sunshine's Avatar
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    Quote Originally Posted by ginapeterb View Post
    I suggest on the basis of the information you have provided, that letting the entry clearance officer look at your application, will no doubt bring the same result, the fact is, the statements showed overdrafts, and in any event a recent change of job, compounds the case.

    My suggestion is, you may wish to start the appeals process, by returning the notice of intention to appeal, and do so within 28 days, file the appeal direct with the Asylum and immigration appeals tribunal in Feltham, and then take next 6 months or so to sort out a good record of employment and bank statements showing that the husband can support you without recourse to public funds.

    You may try to submit new statements, which you should do in any event, however, I rather fear the result will be the same.

    Best of Luck, all is not lost.

    With our situation now; change of job, will it affect the decsion of the appeal? even if we submit new bank statements with our appeal? Why do u say that result will be the same?

    What do u suggest we should do best? not go with the appeal and wait after 6 months and start to apply again? Is it ok to apply again?

    Thank you for your help & ideas Peter
    Warren and Winnie


  3. #3
    Moderator joebloggs's Avatar
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    is that the only reason why they refused your visa ?

    did you not include any evidence of savings ?

    how many of the 6 bank statements were over drawn ?

    and the last 4 bank statements are in credit ?

    get him to scan the new statments and payslips and email them to you, print them out, also include a copy of his new employment contract, maybe a letter from his new employer stating his pay,hours - i wouldn't worry about him having a new job, as long as he includes evidence of employment.

    the existence of an overdraft stop the issuance of a fiancee visa? ..... the answer is simply no. Or rather it is not that simple at all. It merely needs to be clear that your fiancee will not need to claim certain Public Funds.

    include a monthly budget showing the amount left after outgoings such as housing costs, gas, electricity, water, Council tax, loan repayments etc.. showing he can support you without recourse to public funds

    again mention why he was over drawn in some of the bank statesments and it was only be a small amount, and the last 4 months he was in credit.

    http://www.ukvisas.gov.uk/en/howtoap...s/inf19appeals

    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.

    if the ECM doesn't over turn the refusal, you could be waiting upto 8 months for it to be heard at AIT, but you could also apply for fiancee visa again (when you have 6 bank statements in credit) and then cancel your appeal if its not been heard, if you get your new fiancee visa.


  4. #4
    Respected Member sunshine's Avatar
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    Quote Originally Posted by joebloggs View Post
    is that the only reason why they refused your visa ?

    did you not include any evidence of savings ?

    how many of the 6 bank statements were over drawn ?

    and the last 4 bank statements are in credit ?

    get him to scan the new statments and payslips and email them to you, print them out, also include a copy of his new employment contract, maybe a letter from his new employer stating his pay,hours - i wouldn't worry about him having a new job, as long as he includes evidence of employment.

    the existence of an overdraft stop the issuance of a fiancee visa? ..... the answer is simply no. Or rather it is not that simple at all. It merely needs to be clear that your fiancee will not need to claim certain Public Funds.

    include a monthly budget showing the amount left after outgoings such as housing costs, gas, electricity, water, Council tax, loan repayments etc.. showing he can support you without recourse to public funds

    again mention why he was over drawn in some of the bank statesments and it was only be a small amount, and the last 4 months he was in credit.

    http://www.ukvisas.gov.uk/en/howtoap...s/inf19appeals

    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.

    if the ECM doesn't over turn the refusal, you could be waiting upto 8 months for it to be heard at AIT, but you could also apply for fiancee visa again (when you have 6 bank statements in credit) and then cancel your appeal if its not been heard, if you get your new fiancee visa.

    Yes the only reason they refused my visa is that fiance's statements were overdrawn and that they conclude that he cannot afford to support a wife and will recource to public funds.

    WE did not include any evidence of savings; only his pay slips. This is our biggest mistake At the moment his savings accumulated to a grand. is this not enough??? he has 3 accounts; current, savings and business account, but still the total is not close to 2 grand. We still need to accumulate it.

    The embassy noted that 30 occassions wherein my fiance exceeded the agreed overdraft of 150 pounds. We sumbitted 8 months statements.

    We did include a monthly budget showing the amount left (100+ pounds) after outgoings such as mortgage, gas, electricity, water, Council tax, mobile etc.. showing he can support me without recourse to public funds but still they didnt consider.
    Warren and Winnie


  5. #5
    Respected Member IainBusby's Avatar
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    Quote Originally Posted by sunshine View Post
    Yes the only reason they refused my visa is that fiance's statements were overdrawn and that they conclude that he cannot afford to support a wife and will recource to public funds.

    WE did not include any evidence of savings; only his pay slips. This is our biggest mistake At the moment his savings accumulated to a grand. is this not enough??? he has 3 accounts; current, savings and business account, but still the total is not close to 2 grand. We still need to accumulate it.

    The embassy noted that 30 occassions wherein my fiance exceeded the agreed overdraft of 150 pounds. We sumbitted 8 months statements.

    We did include a monthly budget showing the amount left (100+ pounds) after outgoings such as mortgage, gas, electricity, water, Council tax, mobile etc.. showing he can support me without recourse to public funds but still they didnt consider.
    This doesn't look good, if he had gone into overdraft now and again that's not too bad, but to exceed his overdraft 30 times in eight months I can understand how the ECO would conclude that he is already living beyond his means and that if he had a wife to support, a wedding and another visa to pay for, he wouldn't be able to afford it.

    To be honest I think that you should put this one down to experience and work on getting his finances in order. Then plan a very simple wedding in Phils in six months time or so, with the absolute minimum number of guests, fuss or expense and if he can borrow the money to pay for this all the better. Then, six months on and with his finances looking much more presentable, apply for a spouse visa.

    If he could borrow more than is needed for the trip to Phils and the wedding, (ideally it would be better to borrow from a family member or a friend rather the banks etc) he could beef up his savings account (which you really should submit) with the extra money which would make things look even better for your visa application, although if it were a loan from a bank or some other financial institution which would just show up on his bank statements as a major additional outgoing every month then it might not help.

    Iain.


  6. #6
    Moderator joebloggs's Avatar
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    Quote Originally Posted by IainBusby View Post
    This doesn't look good, if he had gone into overdraft now and again that's not too bad, but to exceed his overdraft 30 times in eight months I can understand how the ECO would conclude that he is already living beyond his means and that if he had a wife to support, a wedding and another visa to pay for, he wouldn't be able to afford it.
    you joined in jan 2009. didn't you read any of the posts about the few who had visa's refused, and what those who were success did

    and you sent no evidence of savings

    you were probably doomed from the start, but whats done is done sunshine.

    but the ball is in your court, either appeal or make a fresh app, or do both

    good luck


  7. #7
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    I hope in six months or how ever long it is, your post will be one of celebration.

    Don't give up. Like others have said it was only the overdraft that blocked this for you both. So now you know that next time you will get your dream come true if you save and save.

    And keep smiling. Your time will come:beatnik2:


  8. #8
    Moderator joebloggs's Avatar
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    its a game, you against the gov and the embassy, you need to know the rules, and how to beat them, but at the end of the day they are judge, jury and executioner

    but for most refusals, with a bit of time and planning that refusal could have been avoided

    fail to plan, you plan to fail a warning to others..


  9. #9
    Respected Member sunshine's Avatar
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    Quote Originally Posted by IainBusby View Post
    This doesn't look good, if he had gone into overdraft now and again that's not too bad, but to exceed his overdraft 30 times in eight months I can understand how the ECO would conclude that he is already living beyond his means and that if he had a wife to support, a wedding and another visa to pay for, he wouldn't be able to afford it.

    To be honest I think that you should put this one down to experience and work on getting his finances in order. Then plan a very simple wedding in Phils in six months time or so, with the absolute minimum number of guests, fuss or expense and if he can borrow the money to pay for this all the better. Then, six months on and with his finances looking much more presentable, apply for a spouse visa.

    If he could borrow more than is needed for the trip to Phils and the wedding, (ideally it would be better to borrow from a family member or a friend rather the banks etc) he could beef up his savings account (which you really should submit) with the extra money which would make things look even better for your visa application, although if it were a loan from a bank or some other financial institution which would just show up on his bank statements as a major additional outgoing every month then it might not help.

    Iain.

    Hello Iain, we have discussed it last night with my fiance and we have decided that we will not go with the appeal because we need a little more time to accumulate money and make his statements presentable. We will apply again and start fresh this November or December just before the year ends. His statements are all on credit since April but we just need time to accumulate his savings to 2-3 grand. He will not make a loan cause he do not want another headache. He is earning very good money now with his new job, so we wil make it hopefully . We are not giving up. We are fighting it thru. Our love is strong and we need to be together.
    Warren and Winnie


  10. #10
    Member NtoN's Avatar
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    Quote Originally Posted by sunshine View Post
    We are not giving up. We are fighting it thru. Our love is strong and we need to be together.
    Go go girl! I agree with our moderators' advices here. I, for one, was denied a visit visa last year for lack of documents presented. A thorough planning is really needed concerning presentation of evidence as this could break or make you. On a positive note, consider this an extended time to spend with your loved ones here. There is/are reason/s for everything


  11. #11
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by sunshine View Post
    Yes the only reason they refused my visa is that fiance's statements were overdrawn and that they conclude that he cannot afford to support a wife and will recource to public funds.

    WE did not include any evidence of savings; only his pay slips. This is our biggest mistake At the moment his savings accumulated to a grand. is this not enough??? he has 3 accounts; current, savings and business account, but still the total is not close to 2 grand. We still need to accumulate it.

    The embassy noted that 30 occassions wherein my fiance exceeded the agreed overdraft of 150 pounds. We sumbitted 8 months statements.

    We did include a monthly budget showing the amount left (100+ pounds) after outgoings such as mortgage, gas, electricity, water, Council tax, mobile etc.. showing he can support me without recourse to public funds but still they didnt consider.

    Winnie,

    I'm truly sorry to learn of your disappointment. I, for one, would have thought it SHOULD'VE been obvious to the Embassy people that the MAIN reason for the depletion in Warren's finances had been due to the sheer costs incurred in the number of times he'd visited you ... i.e. flights, accommodation and everything else involved. To me, these things in themselves, are a clear indication of the strength of your relationship and, frankly, I'm surprised that the ECO appears to have been less than sympathetic in this respect.

    But, as an "incurable romantic" THAT is only MY personal opinion. Realisically, I suppose, it's 'all down to money' [or the apparent lack of it] in the eyes of the British Embassy. And so, in the circumstances, it would be wise to stay tuned to the forum and be directed by the wise counsel already given ... and which you will continue to receive ... on here, as regards your next step.

    Whether you decide to appeal against the decision, or start afresh will, at the end of the day, be up to the two of you. So, for the moment, it would seem that Warren would do well to concentrate on ensuring his account is no longer overdrawn and also on building up his savings to at least £2k.

    In common with everyone else on this site, I wish I could wave a magic wand to resolve situations like yours. Many of us have 'travelled the same road', so all is not lost. Always know that you are among friends here, and we will do our utmost to guide you wherever - and whenever - possible.

    Good Luck!


  12. #12
    Respected Member sunshine's Avatar
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    Quote Originally Posted by Arthur Little View Post
    Winnie,

    I'm truly sorry to learn of your disappointment. I, for one, would have thought it SHOULD'VE been obvious to the Embassy people that the MAIN reason for the depletion in Warren's finances had been due to the sheer costs incurred in the number of times he'd visited you ... i.e. flights, accommodation and everything else involved. To me, these things in themselves, are a clear indication of the strength of your relationship and, frankly, I'm surprised that the ECO appears to have been less than sympathetic in this respect.

    But, as an "incurable romantic" THAT is only MY personal opinion. Realisically, I suppose, it's 'all down to money' [or the apparent lack of it] in the eyes of the British Embassy. And so, in the circumstances, it would be wise to stay tuned to the forum and be directed by the wise counsel already given ... and which you will continue to receive ... on here, as regards your next step.

    Whether you decide to appeal against the decision, or start afresh will, at the end of the day, be up to the two of you. So, for the moment, it would seem that Warren would do well to concentrate on ensuring his account is no longer overdrawn and also on building up his savings to at least £2k.

    In common with everyone else on this site, I wish I could wave a magic wand to resolve situations like yours. Many of us have 'travelled the same road', so all is not lost. Always know that you are among friends here, and we will do our utmost to guide you wherever - and whenever - possible.

    Good Luck!

    Helloo Arthur thank you for your kind and inspiring words and for using our real names that made me smile.

    We have decided not to go with the appeal. We will start fresh and apply again before the year ends.
    Warren and Winnie


  13. #13
    Moderator joebloggs's Avatar
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    Quote Originally Posted by sunshine View Post
    Helloo Arthur thank you for your kind and inspiring words and for using our real names that made me smile.

    We have decided not to go with the appeal. We will start fresh and apply again before the year ends.
    an appeal could take you many months and you may not win it, so making a fresh visa app, could be the best way to go..

    good luck winnie


  14. #14
    Respected Member pumpkins's Avatar
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    Smile

    i have learned a lot in this thread.. especially from the responses of the members and moderators..thanks to this forum..
    CRITICIZING OTHERS IS A DANGEROUS THING, NOT SO MUCH BECAUSE YOU MAY MAKE MISTAKES ABOUT THEM, BUT BECAUSE YOU MAY BE REVEALING THE TRUTH ABOUT YOURSELF.


    pumpkins babykins


  15. #15
    Respected Member sunshine's Avatar
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    Quote Originally Posted by sammy View Post
    hi
    Im sorry about your refusal, my mahal and I had the same problem last year and were refused for the same reason. So what I didi was got a loan and put a lump sum in my account but asked the bank to take out the repayments from one of my other accounts which they did but I did not submit the statement showing the loan going in to my account, I used the next one, followed by the next 5 statements which showed a steady £3,000 allways in the black and that helped our fiance visa approval, bearing in mind from the time we were refused we had waited 9 months to finally get there. This is my own experience, I just thought to share it with you and hope you good luck in your decision and best wishes from my fiance and I.
    Quote Originally Posted by joebloggs View Post
    an appeal could take you many months and you may not win it, so making a fresh visa app, could be the best way to go..

    good luck winnie

    Thank you Mod joe. We still have hope. We are not giving up. Next time there will be Sunshine

    And thank you to all the members who sympathize with us and gave inspiring words. We will not forget.
    Warren and Winnie


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