any thoughts on this please..

[myliitlehaven07]

hello every one

i still have not submitted my application due to all the problems that has come along the way. I already have my passport after three months wait for renewal and now that my husband is back on track and on his regular wage we are looking forward to settle things with his bank. but of course his OVERDRAWN has gone to high amounting to 1300 pounds after being on sick for the last three months and his wage is not enough to cover it, even if he get lowers it down he still gets OD because of his living expenses. but just this week, he is going to receive money off his grand dad to pay off the OD. his grand dad is desperate to meet me bec he is quite old and weak already, :(

only problem now is how are we going to explain this money going through on his bank in our application letter? his grand dad does not have bank account but he can make a letter and explain this for us. will that be taken into consideration by the ECO? we are planning to submit 8 months bank statements to show as an evidence that he has been on sick pay for the last three months and show the overdrawn statements and will wait to get a clear statement after OD IS PAID. We want to show to embassy that his family are most willing to support us in case there are emergencies like that,being on sick pay. and of course show them that he has regular income even before he got sick and there is also one bank statement that her mum puts in money to his account when he was sick? WILL ALL THIS CAUSE US A PROBLEM? i know many of you will ask me to wait.. but his nan is sick and his grand dad paying for the od and the visa fee just to see me before anything happens to them ( HOPE NOT!)

my hubby has a building society savings which was put up for him by his mum and they are still putting money on it every month. His regular income goes in every fourth week of the month and we have enough left to support me.

can someone please help me gather my thoughts on how i can best explain this situation to eco?

[Toneec]

Hi mylittlehaven
As nobody else has taken up on this, I'll give my opinion.
Many of us know how hard it is to wait, even in the best of times.

I don't know your full circumstances, but if you meet all the other
visa requirements, and it is only the financial side, your best option may be to consider a co sponsor, your husbands parents or perhaps his mother.
Another way to help, would be if you could get an offer of work,
if there was a job offer, it would show that you would be able to help
financially.
From what I understand, the ECO will be looking at how much
disposable income, the amount of funds left, after bills living costs
are met.
The financial side is an very important part, because you have to show
that your husband can support and maintain you, without recourse to public funds.

Maybe someone else will advise on this.

I wish you both every success.

hello every one

i still have not submitted my application due to all the problems that has come along the way. I already have my passport after three months wait for renewal and now that my husband is back on track and on his regular wage we are looking forward to settle things with his bank. but of course his OVERDRAWN has gone to high amounting to 1300 pounds after being on sick for the last three months and his wage is not enough to cover it, even if he get lowers it down he still gets OD because of his living expenses. but just this week, he is going to receive money off his grand dad to pay off the OD. his grand dad is desperate to meet me bec he is quite old and weak already, :(

only problem now is how are we going to explain this money going through on his bank in our application letter? his grand dad does not have bank account but he can make a letter and explain this for us. will that be taken into consideration by the ECO? we are planning to submit 8 months bank statements to show as an evidence that he has been on sick pay for the last three months and show the overdrawn statements and will wait to get a clear statement after OD IS PAID. We want to show to embassy that his family are most willing to support us in case there are emergencies like that,being on sick pay. and of course show them that he has regular income even before he got sick and there is also one bank statement that her mum puts in money to his account when he was sick? WILL ALL THIS CAUSE US A PROBLEM? i know many of you will ask me to wait.. but his nan is sick and his grand dad paying for the od and the visa fee just to see me before anything happens to them ( HOPE NOT!)

my hubby has a building society savings which was put up for him by his mum and they are still putting money on it every month. His regular income goes in every fourth week of the month and we have enough left to support me.

can someone please help me gather my thoughts on how i can best explain this situation to eco?

[myliitlehaven07]

thank you toneec for finding time to reply on my post. We have support letters off his mum and grand dad already and i think their help for paying our OD is already indicating that we will have their support in case of emergencies such as when he got sick ( the reason why he got overdrawn) yes he has disposable income which will further increase if i be with him since the money he sends me will be use for us both. the only reason why he got OD was when he got sick. I also have a support letter off my sister who is financially able to go UK if ever i get financial crisis although me and my husband have savings we did not use them to pay off the OD as we do want to keep those savings for visa and our future and his monthly regular income will be able to maintain us both. The rest of documents i already have. so am going to be confident that this will be taken into consideration. we will clearly state in our letter that we are still able to support ourselves without recourse to public funds and that the help coming from our families are clearly an evidence that there will be need for us to recourse to public funds.

[alan/maleiya]

This is how my wifes visa application has went so far they refused visa on the evidence that my wife doesn't have her own income and that two months of my bank statements only showed 400 pounds left in them and that my accountant of my earnings were not on noted paper and they just washed there hands of my brother and his wife being a co-sponsor incase anything went wrong , I gave them all the proof of monthly payments I make to my wife as she doesn't work as she has our son to care for which is a job alone , we gave proof of a part time job my wife will have here in my sisters shop with earnings of 120 pounds a week and more proof of my earnings , yet they refuse to overturn the refusal , now it's set for a hearing , they must think they are god as they are playing with my families life's and don't care now they say my earnings show o.oo for the tax year from. April to 2010 to April 2011 yet in the papers I gave them it shows earnings of 25,000 pounds as I only worked 40 weeks in that tax year as I had made 3 visits to be with my wife and son all I can do is pray someone will see sense and let my family be with me

[Terpe]

alan/maleiya,

What visa has been refused?

You've raised quite few issues. Do you feel able to post the actual refusal letter? 'x' out any confidential data etc.

You really need to understand the UKBA reasons for refusal so that you can counter those.

[alan/maleiya]

It was settlement visa I will try and upload the letter of refusal ,it just gets me so angry as it's if they don't understand my accounts of earnings for being self-employed

[Terpe]

It was settlement visa I will try and upload the letter of refusal ,it just gets me so angry as it's if they don't understand my accounts of earnings for being self-employed

Was the application made from within UK or outside UK?

[alan/maleiya]

This is word by word to the appeal ,The decision to refuse the application has been reviewed by an Entry Clearance Manager in light og the grounds of appeal as detailed by appellant on the IAFT-2 appeal form. I have reviewed the decision taking into account the grounds of appealmand additoonal evidence . The Entry Clearance Officier has previously accepted thatbaccomadation is sufficient based on the information supplied but queries the funding available. The most recent bank statement supplied by the sponsor shows £451.19 in credit . Mr Alan .... states he has earned net profit of £38,889 and £21,215 for years 2008/09 and 2009/10 respectively and states thatbthisbis evidenced by paynand deduction statements. The statements are not on officially headed notepaper -I also note that one dated 5.5.11covering the period April 2010 to April 2011 contains no financial information at all simply showing -against each entry . Whilst I recognise that Mr .... Family have offered to financially support him the immigration rules require the evidence of the sponsors ability to maintain the spousevand on the evidence submitted , this is not evidenced sufficiently for me to revoke the refusal decision.

[Terpe]

This is word by word to the appeal ,The decision to refuse the application has been reviewed by an Entry Clearance Manager in light og the grounds of appeal as detailed by appellant on the IAFT-2 appeal form. I have reviewed the decision taking into account the grounds of appealmand additoonal evidence . The Entry Clearance Officier has previously accepted thatbaccomadation is sufficient based on the information supplied but queries the funding available. The most recent bank statement supplied by the sponsor shows £451.19 in credit . Mr Alan .... states he has earned net profit of £38,889 and £21,215 for years 2008/09 and 2009/10 respectively and states thatbthisbis evidenced by paynand deduction statements. The statements are not on officially headed notepaper -I also note that one dated 5.5.11covering the period April 2010 to April 2011 contains no financial information at all simply showing -against each entry . Whilst I recognise that Mr .... Family have offered to financially support him the immigration rules require the evidence of the sponsors ability to maintain the spousevand on the evidence submitted , this is not evidenced sufficiently for me to revoke the refusal decision.

Alan,
Firstly sorry for the delay in responding.

I'm sorry you're experiencing a tough and frustrating situation at the moment.
Just based solely on the refusal letter you shared it seems to me that there's a large gap between what the UKBA are expecting as supporting evidence of funding/maintenance and the documentation you actually provided.

The very first thing you need to ask yourself is whether or not the decision was right. Did you meet supply the required supporting documentary evidence for funding/maintenance?

Sorry to be blunt but to me it seems not.

Now, if you are asserting that your appeal stand is right, then what action/preparations are you taking to support that?
If you do nothing then I'm afraid the decision will go against you.

Please be careful here. Normally, appeals will be based on the situation/evidence at the time of refusal. Most judges will not allow new 'post decision' evidence, only careful explanation of the evidence that was previously presented.
Alan, be prepared for the possibility that completely new documentary evidence may be disregarded even if you do present it or take it with you.

However, always think positive and at least try to get new information to be accepted.
Think about keeping it simple and presenting at least 3 months bank statements and 3 months pay-slips together with savings etc. Try to avoid complex budgets and accounts. If you do need evidence from accountants be sure this evidence is properly presented and notarised.

You don't say if you will represent yourself or if you will hire specialist representation.
If you intend to 'go-it-alone' then it might help if you could attend at least one hearing as a member of the public just to help you understand what goes on and how they work.
Daily court lists for HM Courts & Tribunals Service can be found here.

Just find one near to where you live.

If you are considering hiring an immigration lawyer you need to weigh up whether the cost of re-applying for a spouse may be a better use of your hard earned money.

Whichever way you decide to go I wish you good luck.

[alan/maleiya]

Thanks for reply terpe I've got a solicitor working on the case for me he is not a expert on immigration but has done some cases in the past , I have got all the official papers from the tax office for my earnings I gave them every single receipts of monthly payments made to my wife to me the main thing they seem to be refusing my wifes visa is that they don't believe my earnings would u say that's the case terpe in the way u read the appeal refusal letter cheers again for ur help

[Terpe]

.....they seem to be refusing my wifes visa is that they don't believe my earnings would u say that's the case terpe in the way u read the appeal refusal letter cheers again for ur help

In principle that's correct. It appears that the documents originally supplied did not meet the requirements.

- Financial Standing
The application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering at least 3 months (preferably 6 months)
Salary slips for at least the previous 3 months.(preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60
can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.

Be sure that your documents comply with this requirement

[Toneec]

thank you toneec for finding time to reply on my post. We have support letters off his mum and grand dad already and i think their help for paying our OD is already indicating that we will have their support in case of emergencies such as when he got sick ( the reason why he got overdrawn) yes he has disposable income which will further increase if i be with him since the money he sends me will be use for us both. the only reason why he got OD was when he got sick. I also have a support letter off my sister who is financially able to go UK if ever i get financial crisis although me and my husband have savings we did not use them to pay off the OD as we do want to keep those savings for visa and our future and his monthly regular income will be able to maintain us both. The rest of documents i already have. so am going to be confident that this will be taken into consideration. we will clearly state in our letter that we are still able to support ourselves without recourse to public funds and that the help coming from our families are clearly an evidence that there will be need for us to recourse to public funds.

Hi myliitlehaven07

Please do not rely on letters alone, Letters cary very little weight, unless they are backed up with supporting evidence. If family member's or member are
willing to help, and are prepared to be co-sponsor/s, you will still need to provide proof, as outlined in Terpe's post further down in this thread.
Please take nothing for granted, without supporting evidence the ECO
is unlikely to grant the visa.
Prepare your documents well, provide the necessary evidence.

[myliitlehaven07]

Hi myliitlehaven07

Please do not rely on letters alone, Letters cary very little weight, unless they are backed up with supporting evidence. If family member's or member are
willing to help, and are prepared to be co-sponsor/s, you will still need to provide proof, as outlined in Terpe's post further down in this thread.
Please take nothing for granted, without supporting evidence the ECO
is unlikely to grant the visa.
Prepare your documents well, provide the necessary evidence.

thanks toneec, yes i will have supporting docs to the letter of sponsorship from his grand dad and his mum as well as my sisters letter and her bank statements the rest of documents are all ready and covered. i got lots of evidences regarding our relationship his finances etc...

[Toneec]

Hi myliitlehaven07
That's good to hear, From my experiences with the visa process
it would seem you can't really supply to much evidence, but you can quite easily not supply enough.
You have to give it your best shot, and present the best case you can.

We had our application refused, We were totaly honest and gave all the information we could, If we had to do it all over again, I would still be totaly
honest.

Now your husband is back to work, and getting a regular income, is a very positive sign, while they will accept co sponsor, the onus is on the main sponsor, your husband. If there is enough disposable income, in the opinion of the ECO,From your husbands wages, your co sponsor would be the icing on the cake.
Good luck with your application