Fiance visa refused

[STEVENJAG]

Hi every one got bad news today my fiances visa was refused,on the grounds they are saying my wage slips dont match up to my bank statements hence proving my earnings?i earn 35,000 a year and have done with same company paid every wednesday for last 8 years, my bank statements are a little confusing, how the account works but the proof should all be there for all too see and my balqance was two grand at thre time of applying./....what now, do i get the bank too print off all new statements highlighting my wage, and how do we appeal whats the process...do we need a lawyer?please help steve

[tone]

Hiya
Sorry to hear this - with salary surely there is an entry every month on the bank statement showing your credit from employer for the same amount as the pay slip?
Did you annotate the supplied bank statements to highlight the salary payments?
Tone

[STEVENJAG]

I have a managed bank account which functions like two accounts,one is a salsry account the other is linked too it its a mastercard debit account, money goes into one bills get paid and the remainder goes onto the card...its just a little confusing when looking at the statements...but the sums have been paid in, so maybe a letter stamped from the bank explaining this and proving the amounts did go in will do?

[STEVENJAG]

Also how do we appeal.....is it done here in the uk?or do we do it online, then they phone my fiance for an oral interview?

[STEVENJAG]

You know what, i used a legal guy too prepare the paperwork, and the stuff he gave me back has two bank statement sections in which should of been included and have been left out!!!!these show 6 salarys which ukba have obviously not seen...damn no wonder!!!do i now compile all the wage slips correctly my self,order any gaps from the bank and include....in appeal.

[tone]

Hi Steve
I cant answer the subsequent questions I'm afraid or the best way to proceed - its looks like it needs to be reviewed and now you know why you should have the ability to do something about it.

Someone will no doubt answer your question for you, I really do understand what you are going through and many people here do too so just bear with them and some proper help should arrive soon..!

Tone

[STEVENJAG]

Can any one explain or highlight the steps of appeal as my fiance has all the forms in cebu, were walking blind here?does she post here and we submit in uk, or online or what?

[SimonH]

You know what, i used a legal guy too prepare the paperwork, and the stuff he gave me back has two bank statement sections in which should of been included and have been left out!!!!these show 6 salarys which ukba have obviously not seen...damn no wonder!!!do i now compile all the wage slips correctly my self,order any gaps from the bank and include....in appeal.

Personally I'd be going back to your legal guy and firstly getting your money back, then getting him to send a covering letter to the UKBA telling them he can't do his job.

[andy222]

One thing I have learned from this site is you have to spell everything out in your application. MAKE EVERYTHING CLEAR TO THEM. What gets me is you pay £800 plus for your visa fee andl admin fees and they cant even phone you for a simple answer.

[Dedworth]

You know what, i used a legal guy too prepare the paperwork, and the stuff he gave me back has two bank statement sections in which should of been included and have been left out!!!!these show 6 salarys which ukba have obviously not seen...damn no wonder!!!do i now compile all the wage slips correctly my self,order any gaps from the bank and include....in appeal.

Bin the agent

[tone]

I used an agent and yeah it cost me a few hundred £ but they were on the whole excellent and sorted everything out.

Sounds like this agent needs to be named too so anyone else coming accross this can learn from your hard earned mistake?

It would be useful to know what his retort is although he isnt going to blame himself!

[joebloggs]

maybe try writing a letter to the ECO manager asking for reconsideration, but with missing documents with your app, its a long shot, they made their decision based on the information you supplied.

what exactly does it say in your refusal letter? does in mention you didn't send all the documents you were requested to do, what else does it say ?

your better with a oral appeal, most chance of winning.

[andy222]

I am already stating in my supporting letter that I will be with my wife handing in the documents and if any go missing whilst in their possession I will be appealing. And that we have copies of all documentation.

[joebloggs]

I am already stating in my supporting letter that I will be with my wife handing in the documents and if any go missing whilst in their possession I will be appealing. And that we have copies of all documentation.

[bigmarco]

Sorry to hear about your refusal I understand how your feeling at the moment.
As suggested earlier it does no harm to submit a letter requesting reconsideration, you never know it may work.
You're not even borderline on the earnings so it would appear you have been badly let down by your agent which is another lesson to everybody here.
Your partner will have the appeal forms so be aware that they will have to be submitted on time to HMCT here in the UK. If you are requesting an oral hearing you will be given a date to attend but please be aware this could take a long time.
The decision will have been made on the basis of the information you provided and if you have not satisfied them on earnings then they will refuse.
You may wish to take advice from an immigration expert here in the UK as it may be a better course to submit a fresh application with all the correct documentation.
As a guide if you follow the appeals route it could take 6 months minimum before you are given a date.
I wish you well.

[grahamw48]

No covering letter from your employer, confirming your employment status, work history and salary paid, plus p60s to back up your bank statements ?

(For something so important, I would have had a separate 'normal' bank account for salary payment, incidentally).

Your agent is an idiot. Get rid of him.

It's not rocket science ffsake.

[Terpe]

Can any one explain or highlight the steps of appeal as my fiance has all the forms in cebu, were walking blind here?does she post here and we submit in uk, or online or what?

Firstly let me say how sorry I am that your fiancee's visa was refused.

It's impossible for anyone to give you meaningful advice about the refusal itself without knowing the exact wording of the refusal.
If you're able to post it here that might help. Of course blank out any names and personal data.
In general these refusal letters are based on existing templates and pre-approved wording.

Time is of the essence here and you and your fiancee need to focus very quickly on getting the appeals process under way and the appeal lodged etc.
ALL the forms and detailed instructions should have been sent with the refusal letter to your fiancee. You MUST get the appeals completed and sent to be received within 28 days
(no deviation)

For an otherview please review this sticky thread called - Appeals - Visas and Entry Clearance

That should provide sufficient information at this stage.

As you'll read, part of the appeals process does include a request for the ECM to undertake a review of the decision with view to overturn the decision if appropriate.

However, as others have said and based on the information you divulged so far, I would strong suggest that your fiancee writes a letter to the ECM at the Manila Embassy asking for his kind reconsideration and clearly indicated that the decision should be overturned based on your evidence.
This will not impact your formal appeal.
Do be informed though that the ECM is under no legal obligation to read or action the letter, but always worth the effort as the appeals process can easily take 6 months to resolve.

You should seriously consider whether you did comply fully with the financial requirement.
Also you should seriously consider using an experienced and qualified immigration advisor to assist/represent you at the appeal hearing. Some folks have represented themselves and this can be OK if the UKBA decision was very clearly wrong and all the evidence is clear and you feel confident to get the point over.

Hope this helps at this stage, but please do get that appeal in process and within time.

[STEVENJAG]

I have all the covering letters from my employer, p60s, etci had a separate account for salary payments and bills the remainder gets transfered too a card account, it seems i omitted a few of the salary ones...but the eco has wrongly noted salary to card transactions as wages i cant provide wage slips for, when in fact these transactions hes questioned are just transfers from the salary account ( as wage payments all show as backs). We have sent a letter too the eco saying we can provide the missing bank statement, but also that hes clearly got some transactions confused wages were clearly visible, asked for reconsideration....but were lodging the appeal by post next week with all hard copy documents of the full 7 months wage slips and all since and new p60, which were being told should be a cast iron overturn of the decision! Any views any one?

[STEVENJAG]

I think looking at it i missed out one small part of my bank statement, but the main error here was the eco clearly mis reading or understanding entries on the statements he did have, yup useless you said it!!!

[STEVENJAG]

Hi, weve sent a letter too the eco, i think we did omit one statement they needed but i have had full set of 7 months statements re sent by my bank for the appeal (clearly showing the finances are as said and well above the threshold required), the main mistake was and is his for thinking certain bank transfers were wage payments with no supporting wage slips....yet if hed of looked or read letter from my employer i get paid by bacs every wednesday and have done for 8 years, every statement apart from one we didnt send shows this and we can include the full set at appeal, which we will do by post as we we feel its a paper mistake so with all correct evidence and covering letter explaining then its pretty open shut case?

[grahamw48]

It SHOULD be.

[STEVENJAG]

it should be in a good way, or maybe it wont be???the reason given was financial documents not fully complying, they do he read them wrong.....if we ticked all the other boxs and can tick this one its a goer isnt it?

[grahamw48]

I meant, in theory it should be.

Fingers crossed.

[STEVENJAG]

COOL, GOT ME WORRIED THEN THANKS PEEPS!!!

[Terpe]

COOL, GOT ME WORRIED THEN THANKS PEEPS!!!

You clearly understand the Financial Requirement.
You also understand that UKBA needs to see proof of income, also proof that the declared income is paid into a bank account.

The ECO's are not accountants. They need to see the mandatory documentation.
Now if you are suggesting that all the documents were submitted but the ECO made an error then it's likely that the decision will be overturned EITHER upon review of the letter requesting reconsideration to the ECM (which is not always the case), or will be overturned at the early stages of appeal (again not always the case) or will be allowed at appeal hearing.
Do be aware how long the appeals process may take.

It certainly appears your advisor was lacking in experience.

Again there can be no meaningful advice/comments without seeing the exact wording of the refusal.

[STEVENJAG]

Every single area was covered and supporting documents sent, but one part of one bank statement was left out by mistake, showing a few wages getting paid in......but my salarys very good and even all the other bank statements and wage slips other than that one would of shown the required level for the year in a six month period.....i now have all newly sent statements too cover that entire period including the missing one....ill type how hes worded the refusal....

[STEVENJAG]

" i note from the payslips and bank statements provide as evidense of your sponsors employment that there are payslips providing sums that do not show on his statemnts (this is the one missing statement sheet)...as well as sums listed as salary payments on the statements for which no pay slips have been provided ( these were transfers not wage payments from my salary account....so of course i have nopayslips duh!!!), you have there fore failed too provide the needed documents for his employment! He then finishes with this comment......i am not satisfied on the balance of probabilities thatyou meet all the requirements!!!!!!

[STEVENJAG]

They had 7 months bank statements 1 page missing from one month, my mistake), all my payslips, letter from employer and p60 clearing 38,000 at yr end.....my answer too them is check with bloody inland revenue, account showed 2000 in savings after 3 trips too cebu over three months,so can i hold him too account over this salry too card issue he clearly got mistaken with as a wage payment........or could appeal fail as i omitted 1 bit of a statement which i will now be enclosing...with fresh copies of them all...

[gWaPito]

I'm afraid you have to spell it out to these people. ..they aren't gonna check with no inland bloody revenue. .it's up to you to spell it all out. ..I've managed thus far to bring back 2 wives and a mother in law without problems. . Following the advice on this forum first before sending off application. ..for the financial section I gave a covering letter explaining my out goings and incoming. ..I then highlighted on bank statements. ..you have to explain as if you are explaining to a 5 yo...if you think like that you ain't gonna have a problem.
I got a specialist solicitor for mother in law visa. ..waste of money that was. ..you still got to provide the documents asked on the UKBA application as well as providing proof the woman's going back. ..the only difference being, it's a specialist solicitor asking the questions! !
I can't criticise you, had I had taken the time to read on here about culture and relationship just as I did about visas I wouldn't be in the mess I'm in now.

So, Good Luck my friend

[robbie bobby]

They had 7 months bank statements 91 page missing from one month, my mistake), all my payslips, letter from employer and p60 clearing 38,000 at yr end.....my answer too them is check with bloody inland revenue, account showed 2000 in savings after 3 trips too cebu over three months,so can i hold him too account over this salry too card issue he clearly got mistaken with as a wage payment........or could appeal fail as i omitted 1 bit of a statement which i will now be enclosing...with fresh copies of them all...

That's funny!When I asked the question if I fail to omit a document or make a mistake would that be an automatic refusal."oh no" they said to me " we would usually contact you before refusal if we see there is just the 1 item missing and usually we would give you the chance to get it to us before we could move forward with the application"

Seems like its all lies then!