Visa problem

[Poweramppaul]

My wife has just had her visa failed for the the first 2.5 year visa.. we had to go to a tribunal as they said I was £339 short of the requirements.. we have now had a email from our lawyer saying we failed under article 8.. what can we do next .. I don’t want my wife to go back to Thailand as I think it will be harder to sort things out.. please help 

[theoldgit]

You need to be a little bit clearer with your question.

 

You quote "£" so I assume you are talking about the UK?

 

There's no such thing as a 2.5 year visa, is your wife planning to settle in the UK, was she applying for Further Leave to remain or was this her initial application?

 

You say you were £339 short of the requirements, are you saying that you don't meet the financial requirements?

 

You mention Article 8, is your wife trying to use the Human Rights route?

 

What did your lawyer actally say?

 

 

[Poweramppaul]

Yes we are in the uk.. the visa was a further leave to remain that we failed... I will try to explain more.. we were granted a visa for  myself and my now wife to marry in the uk.. I am English and she is a Thai national..this was a six months visa that you paid more money for in the idea that we would apply for further leave to remain after we married so we could start a life together in the uk..I understood that I had to show £18600 or more a year earnings which I did and they passed that visa..but after doing the further leave to remain visa they failed it as they said I hadn’t earned enough..this is the point when I got a lawyer.. the lawyer and myself went through my books and it became clear that I had earned enough but the home office said some of my money was made up of allowances and that is why they rejected it..at this point we went to a tribunal and I and the judge were in agreement that the home office wasn’t clear about the money but after a six weeks wait for a desision my wife visa was still refused..I think when we were in court the lawyer went down the path of human rights as I was only £339 short... I hope I have made this clearer now.. this is the first time I have ever done these visas and I have been checking everything and thought we had done everything by the book and wouldn’t have a problem..please help all I’m trying to do is have a life with my wife and apart from earning more money I don’t know what I can do

[7by7]

On 1/3/2019 at 6:22 AM, Poweramppaul said:

the lawyer and myself went through my books

Does this mean that you are self employed?

 

On 1/3/2019 at 6:22 AM, Poweramppaul said:

the home office said some of my money was made up of allowances

What allowances? Do you mean public funds of some kind?

 

On 1/3/2019 at 6:22 AM, Poweramppaul said:

at this point we went to a tribunal and I and the judge were in agreement that the home office wasn’t clear about the money

I'm confused. 

 

Are you saying that the judge agreed that the Home Office had miscalculated your income and you did, indeed, meet requirement? If so, I fail to see why the tribunal refused the appeal.

 

Can you post the tribunal decision in full, please. Then we may be better placed to advise.

 

If you do post the decision, remove all names and any other identifying information first; this is a public forum.

[rasg]

On 1/3/2019 at 6:22 AM, Poweramppaul said:

the lawyer and myself went through my books and it became clear that I had earned enough but the home office said some of my money was made up of allowances and that is why they rejected it..

Being self employed, I think the OP means that he could have claimed allowances for some of his money that he declared as income. Not sure if I am right but that is what it sounds like.