Fiancé Visa Refusal advice

[joebloggs]

No offence intended, but I feel that you were quite badly represented by your immigration advisor, and that you entered into the application submission without any basic understanding.

Just regarding the appeal, technically you're not allowed to submit NEW evidence. The correct evidence should have been submitted at the time of application. However, it's often the case that the 'judge' does allow a little extra new evidence if it's felt that it's fair and just. Discretion.

I have to agree with that, the fact is that they refused you for 3 different reasons, the immigration advisers that you used should have had an idea this might happen from what you submitted and ask you to submit the evidence you sent when you appealed.

[Rb2004]

I realise that now, can't do a lot about it now though as it is too late, they have taken their money and are half way through an appeal.

Just a shame that if the appeal fails we would of spent £2250 on their fees to no avail.. And a wasted £950 visa fee.

Probably should of gone with first solicitor but on another forum I was told the proposal to do a dead of gift would be a dodgy practice and they seemed to frown upon the idea.

Then we contacted uk immigration barristers who hard sold the service to us and put us in touch with these barristers.

[joebloggs]

you right about the gift of money, the embassy would probably want to know where any large deposits came from if this sum of money was showing on any of your bank statements you submitted.

[joebloggs]

when did you appeal? did you write a letter to the ECM manger asking for reconsideration when you found out they had refused your visa ??

[Rb2004]

Appeal was submitted by the barrister back in July and we then received a letter saying after January 6th 2012 we would hear something from the courts.

I dunno what the barrister submitted in the form of letters asking for reconsideration.

They filled in the appeal form, and asked us for the letters the Eco wanted to see which he used as an excuse to decline. So we submitted wedding plan details, letter from parents and uncle allowing use of their funds for her support and use of their bank statements.. As well as the property inspection report.

Then they did the rest, next we heard from the courts saying we would hear something after January 6th

[joebloggs]

that's 6 months of your life's put on hold thou

well hopefully the judge will accept your new evidence and you'll be granted your visa

[Rb2004]

that's 6 months of your life's put on hold thou

well hopefully the judge will accept your new evidence and you'll be granted your visa

Yep 6 months.

I was hoping that a judge would be a little more impartial to the rules being they don't work for the ukba.. Hence HM courts and why government have had so much trouble with immigration cases on grounds of human rights which was annoying the government.

So I was hoping that a judge would look at it and say.. Adequate accommodation exists, parents and uncle have been supportive and pledged to support the application.. They have more than sufficient finances to carry out this pledge of support and use a little common sense that we wouldn't be resorting to public funds.. And over rule the decision.

Otherwise if judge is just going to write off the above average family assets and keep coming back to my income then it's just gonna get declined again.

In which case I've got a 2nd business which will hopefully return more quicker than my existing one and should meet the income requirement.

Or failing that I have found if I move to another European country for 6 months I can easily get her to somewhere like Poland because their rules are less strict.. Then under eu law I can bring her here freely with me and get married here as normal.

But the reason why I am in this situation and needing family support.. Not that the border agency would care is that I'm still quite young... Almost 26 and before I met my fiancé I was never really planning for any of this... I suffer from anxiety and easily get depressed... been on anti depressants a few times and sleeping pills lol.. because I struggle and find it hard to deal with pressure. So For me it is hard to do a normal job... Which ok is my problem everyone else manages I know.

That's why I'm self employed, because being self employed and working online or also with computers I can manage my workload...if I need time out because things are getting too much I can take it.. Or I can do other things to distract me and keep my work varied then get on with my usual work at night.. Something I often do, work late at night when it's quiet and get on with my work building websites and programming software for clients, or if its repairing computers I can leave them updating or reinstalling and walk off doing other things..or sometimes during the daytime I do other things unrelated to my computer work like odd jobs for people lol I'm quite skilled so I do lots of various things... or helping out my dad and uncle with renovating homes to rent and stuff.

But as above because I wasn't really planning for any of this prior to meeting my fiancé my business is steadily gaining income but it hadn't reached the amount required for a visa application as 2-3 years ago I wasn't even thinking I'd need it.

And of course because as a family as I said previously we are quite supportive of one another it means when I'm not working I help them out as well so that's not really paid income, as I'm helping my uncle and dad with the houses i don't get a wage for that.

But my income was enough for me and my family support me and I support them.

Mortgages weren't a concern to me really because the reason my uncle has his houses is because he is unmarried and he had nothing else to spend his earnings on before he retired so he iust brought houses...and because he is unmarried he just said he will sign one over to me later on or they will be mine and my brothers inheritance in the future and my parents also own 2 houses.

So because I was single and had nothing like mortgages to worry about I just concentrated on earning as much as I needed to buy the things I wanted and help out with the bills in the house.. Guess that's a bit of a Filipino trait lol wanting to help your family.

But because I do suffer from anxiety and depression, and I know some English girls won't be able to put up with that easily.. My mum wanted me to marry a Filipino and so when I went to the Philippines, My cousins friend... My now fiancé went to our house in the Philippines.. Because we have property there as well and that's where I was staying because my cousins also live there... And that's how we met, she liked me and we got on well.. Started talking and I just let myself go for it because she's a nice person and we get on.. She loves me and has a genuine care for me so in my mind something clicked and I said to myself I'm lonely and if I let this chance go then I might not find somebody like her again and also because I'm getting a bit older now I needed to start thinking about serious things like being responsible for myself, getting married, having a family lol and settling down.

But prior to meeting her I wasn't imagining any of that happening any time soon so I never planned for it.. Then it happened and now I can't prove to the ukba my income is sufficient.

Which is why my family, uncle and parents are the ones willing to put up the money and help support her for me until I can.
Because my uncle never married so he knows how lonely it can be.. He's always at our house lol, and my mum wants to see my married because she likes my fiancé and she worries if something happens to her god forbid what will happen to me if I have nobody to look after me... Because of my anxiety and depression... So that's why my family are trying hard to help me.

That's why I've now setup a 2nd business with the help of my uncle because that's kind of my plan B if 1 business isn't showing enough income for the new £18,600 then 2 businesses might so after another 12 month wait once I've got next years tax return after next summer I can show a better income.

Only good thing about new rules being they just wanna see £18,600 is I might be able to declare a higher level of income than I actually earned... I'd have to pay more tax on income I hadn't actually earned but if I have a tax return saying 18,600 or over I can use that as proof of income.

Can understand tax man caring if I declare a lower value lol but a higher value means more money in their pocket.

So I do have options at least

But while I appreciate why the UKBA wants to see bank statements so they can get a picture of your income and outgoings... They do place an over reliance on them as evidence, because for self employed people,Vincent cable the business secretary, actually said he sees no problem with cash in hand and its not morally wrong unless it is declared... I also took this up with hmrc and they agreed there's no problem with it as long as its declared.

But it does pose a problem when you need to submit statements to people like the ukba... Because when it comes to computer repair work its all cash payment usually, I do provide full receipts to customers and I do declare that income... And that income showed up on my tax return which I submitted to the ukba. So I'm not evading tax or doing anything morally wrong.

But because it is cash payments like most people it tends to be that you do a job, paid in cash, then some of that cash is spent directly on fuel, shopping or supplies without going through the bank. Which after confirming with hmrc is not wrong as long as its declared... And it's more so for limited companies where they prefer every penny to go through a bank account as limited companies have to keep more accurate and detailed accounts.

So not all the money earned and declared is visible on a bank statement and like in my case, my bank is 10 miles away.. So I can't get there every day.

So how do u show accurate income and outgoings?

Unless they wanna do my tax return for me lol I can send them all my fuel receipts and bills and they can add them all up alongside all my receipts to see my income.

Tax return shows profit and loss accounts anyway. But they didnt see it as sufficient I don't think

[lastlid]

I was in contact with them but it was hard because they didnt have a number you could call on.. All contact was trough an online portal unless they wanted to contact us. Then they called us.

Ah. Well, I had phone contact. I wasn't able to abuse it but was able to use it if need be and did so. If there was something that was urgent then I was able to call the advisor immediately or one of her colleagues.

I also had good email contact, normally with a reply within 24 hours on a weekday and more often than not just a matter of a few hours.

[Rb2004]

Hi, Thanks for the reply.

From the previous posts on here, sounds like I will be better off just waiting for it to go to court than trying to write MP letters and to Stephen Lillie... for simple reason that my income was never enough on its own.. and due to my reliance on external sponsors.. and this application proceeding on poor immigration advisor advice, needless to say I wont be using them any more after the amount they have charged for so far jack all... going to find another barrister to use next time and get in touch with the law society regarding this one.

So best hope is that the judge will be a little more impartial, looking at on the basis that I have an above average amount of family support, and their written pledges of support from them financially and overturn it based on that... which the ECM and ECO probably wouldnt be prepared to do as they will be looking for reasons to decline and follow the rules to the letter and because my income alone is not sufficient then that will be a declination again.

So just going to wait it out and give up hoping for a Visa this year now.

Then next year if the judge wont overturn it look at my other options, like moving to another european country temporarily and getting her there instead and using the european family route.

Looking at Italys immigration rules, they look quite relaxed and from what I can see have an attitude towards interfering in family life being a catholic country with the Vatican etc, and both of us are catholics.... they always do amnestys as well so it shows how lapse their rules are.

Im going to try writing to a shadow labour MP.. saw their name somewhere... they was completely opposed to the current immigration rules.. they had the better idea, of wanting to push for a system whereby you pay a bond of £10k and if you claim benefits they take the money back out the bond.

lol just had to delete a large portion of this.. because I have a bit of pent up anger inside about these rules because I see so many things which are wrong about the immigration system and its rules..so I started to rant.. but it feels better to type it down even if I do delete it.. but so many people abusing it and laughing at the UKBA.. and yet all I want is to get married, and live a happy life and the government is penalising me for wanting that.

Yes their rules are there for a reason, to filter out the people who genuinely cant afford to support somebody without public recourse... but I am not in that category because I have an above average amount of family support... and if it wasnt for them following their rules to the letter any idiot can see im not going to be relying on public funds.

[lastlid]

A barrister isn't necessary. An OISC approved Immigration Advisor is what I used.

http://oisc.homeoffice.gov.uk/

Ring around a few. Discuss your case with them before you decide on one. Many give away free information to get you on board.