Refusal visa!!!

[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/MoneyTax...UK/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 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... 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.

... you're not alone!

[lastlid]

I am sorry to hear your visa refusal. Strange... 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.

[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.

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 ) purposes.

[aronbabev]

am sorry to hear about it...

[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... 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 ) 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.

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

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.. it's really annoying when they (ECO/UKBA) are misunderstanding and not reading everything..

[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.

[lastlid]

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

Particularly the Reading section...

[bigmarco]

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

Particularly the Reading section...

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.

[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