Fiance visa refused

[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

[STEVENJAG]

Thanks for the advice, we all live and learn lol, its a learning process at least we have the ability too learn, these ecos seem like well children as you put it ha.

[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!

[STEVENJAG]

I agree me and my fiance were like why not just call us or e mail for sake of fifty seconds, we could of addressed is query and provided the paper we leftout, and more importantly tell him where he was going wrong, his attitude with the comment at the end sounds like typical civil servant snobbery (i know i used too be one)..not the snobby type though lol,we were shocked and so was our legal advise guy.....lets hope appeal gets passed or we are waiting 4-6 months maybe max, then if that doesnt work reapply again........7-9 month set back, but lets ope for the best...i think they do what suits then but i really think the appeal just addresses the one area you get refused so if you can cover that should go well?

[joebloggs]

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!

there was some discretion given to the ECO's awhile back, because it was not possible to meet the requirements for certain people in certain circumstances.

if it was one important document, they could have contacted you, cant find the relevant link now, I'm at work.

[Terpe]

.......if it was one important document, they could have contacted you, cant find the relevant link now, I'm at work.

Here's what the immigration rules state:-

The onus is on the applicant to demonstrate that the financial requirement is met in their case. Decision-makers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.

And here's the statement about ECO discretion that joebloggs mentions:-

There is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant

Here are those cases:-

Including:-
A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing);
A document in the wrong format
or
A document that is a copy and not an original document
or
Has not submitted a specified document

There are members here who have been requested to submit missing documents before their visa was approved.

[STEVENJAG]

Im just wondering is it better too appeal and hope they see the light in early stages.....or just start again with another 800 fee too pay, again using all existing pack we sent before plus the latest payslips and bank statements too???