fiancee visa to the uk refused

[rod40a]

My girlfriend now fiancee of 6 years was today refused a fiancee visa to the uk on two ground that the proof of divoice i sent the decree nici it should of been the absolute ok thats easy to rectify , the second was my income I sent six months pay slips one was 50% less because i had two extra weeks holiday so deducted from that months pay slip still more than double the amount needed but they culculated using the month that was 50% less as a average even whith that they gave no concideration for my pension that would of taken my salary £10000 over the required amount advise please do i stand a chance with a appeal

thanks in advance

Edited October 3, 2019 by blackcab
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[The Fat Controller]

You do not have any reason to appeal, you submitted the wrong document regarding the divorce.

 

All you can do is address the two reasons for the refusal and make a new submission.

[rod40a]

8 minutes ago, The Fat Controller said:

You do not have any reason to appeal, you submitted the wrong document regarding the divorce.

 

All you can do is address the two reasons for the refusal and make a new submission.

thanks for the reply how long before i can make a new submission

[The Fat Controller]

You cannot make a new submission, it is not you applying for the visa !

 

I do not know the exact financial requirements, but they have obviously told you where you are falling short. 

 

As far as i know, there is no waiting period before your fiancee can make re-apply.

 

Edited October 3, 2019 by The Fat Controller

[rod40a]

25 minutes ago, The Fat Controller said:

You cannot make a new submission, it is not you applying for the visa !

 

I do not know the exact financial requirements, but they have obviously told you where you are falling short. 

 

As far as i know, there is no waiting period before your fiancee can make re-apply.

 

I stand corrected not slept for 24 houres head all over the place but she will be reapplying as i said above the mistakes were made by me

[Elad]

Hi

Can you upload the relevant parts of the refusal letter, omitting any personal information?

[Tony M]

Nobody has answered your other question.  I will try. It sounds like you sponsored the application as a salaried employee under Category A ?  The guidance is clear on that option. Your "annualised" income is worked out by taking the lowest monthly salary in the 6 months prior to the date of application, and multiplying it by 12 to get an annual salary. If you are actually on an hourly/weekly, etc rate (only paid for the work you do, not a guaranteed basic salary each week/month, etc), you should have applied under non-salaried employment, or variable income. 

 

Did you include your pension details in the application, on the Appendix 2 form ?

Elad is right, it would be easier to give correct advice if we could see the reasons for refusal. 

[kingstonkid]

Tony M " Your "annualised" income is worked out by taking the lowest monthly salary in the 6 months"

 

I would suggest that this means you have to wait a year from the lower paying statement before your fiancee resubmits.

 

DO NOT take any time off that is going to affect your pay.    

[NoshowJones]

10 hours ago, The Fat Controller said:

You do not have any reason to appeal, you submitted the wrong document regarding the divorce.

 

All you can do is address the two reasons for the refusal and make a new submission.

That will be more money unfairly taken from someone going into the British Embassy coffers.

[sawadee1947]

13 hours ago, The Fat Controller said:

You cannot make a new submission, it is not you applying for the visa !

 

I do not know the exact financial requirements, but they have obviously told you where you are falling short. 

 

As far as i know, there is no waiting period before your fiancee can make re-apply.

 

As far as I know it's 3 months 

[theoldgit]

Fat Controller is correct, a new application can be made as soon as you like, there's no waiting period, obviously the reasons for the refusal must be addressed.

[windas]

Hi 

If you are going to marry anyway, get married in Thailand at the Government offices, which is very easy and then apply for a spouse visa. The marriage is recognized in the UK.

Windas

 

 

[rod40a]

Here are the objections 

 

 

 

Edited October 5, 2019 by blackcab
Personal info redacted

[rod40a]

I have a email from Sheffield giving me 28days to appeal I’m using an agent in Thailand 

when i submitted the paper work as well as six months pay slips I also sent my yearly pension statement that even with the lower average they came to would of been £11000 over the threshold   

 

 

 

Edited October 5, 2019 by blackcab
Personal info redacted

[RichardColeman]

I sure hope you have enough annual holiday days left to cover x-mas if you dont fill in the error 2 week payment month prior - or it could be June for you next application if you need 6 months of payments!!

[youreavinalaff]

57 minutes ago, windas said:

Hi 

If you are going to marry anyway, get married in Thailand at the Government offices, which is very easy and then apply for a spouse visa. The marriage is recognized in the UK.

Windas

 

 

Getting married here in Thailand is not as easy as it once was. 

[rod40a]

13 hours ago, Tony M said:

Nobody has answered your other question.  I will try. It sounds like you sponsored the application as a salaried employee under Category A ?  The guidance is clear on that option. Your "annualised" income is worked out by taking the lowest monthly salary in the 6 months prior to the date of application, and multiplying it by 12 to get an annual salary. If you are actually on an hourly/weekly, etc rate (only paid for the work you do, not a guaranteed basic salary each week/month, etc), you should have applied under non-salaried employment, or variable income. 

 

Did you include your pension details in the application, on the Appendix 2 form ?

Elad is right, it would be easier to give correct advice if we could see the reasons for refusal. 

I understand now and would of been wise two wait a few months omitting the one month with 50% less as I used an agent I'm not sure if my pension was put on the appendix form but I did submit all my pension info including the yearly statement

once again thank you all for your input

[rod40a]

59 minutes ago, RichardColeman said:

I sure hope you have enough annual holiday days left to cover x-mas if you dont fill in the error 2 week payment month prior - or it could be June for you next application if you need 6 months of payments!!

that's not a problem the problem month was march and for sure there will be no more reduced months lol in fact  I can now produce 6 months good pay slip , but we have an appeal within 28 days so see how that goes , also Xmas is to busy a time business wise so no chance of getting away this year

[Elad]

Hi rod

If you make an appeal, then you are appealing the decision made for that application, and any evidence you provide that's dated after the application (7 August) wont be taken into consideration. So if you provide payslips from April to September, the August and September payslips wont be considered for the appeal. Also, an appeal can take 6 to 12 months and it would probably go to a hearing.

 

It might be better to reapply (a fresh application) if you can now prove you're earning over the 18,600 threshold.   

Edited October 4, 2019 by Elad

[rod40a]

32 minutes ago, Elad said:

Hi rod

If you make an appeal, then you are appealing the decision made for that application, and any evidence you provide that's dated after the application (7 August) wont be taken into consideration. So if you provide payslips from April to September, the August and September payslips wont be considered for the appeal. Also, an appeal can take 6 to 12 months and it would probably go to a hearing.

 

It might be better to reapply (a fresh application) if you can now prove you're earning over the 18,600 threshold.   

Elad is that by experience surly by not considering my pension that takes my earnings way over the threshold it’s worth a try but your right if it takes 9 months I’m not sure 

[sunnyboy2018]

Use a professional agent.

[rod40a]

36 minutes ago, sunnyboy2018 said:

Use a professional agent.

I did mate same one I’ve used for my girls five trips to the UK 

[rod40a]

9 hours ago, theoldgit said:

Fat Controller is correct, a new application can be made as soon as you like, there's no waiting period, obviously the reasons for the refusal must be addressed.

So your saying a appeal is a wast of time ? 

[Chelseafan]

4 hours ago, youreavinalaff said:

Getting married here in Thailand is not as easy as it once was. 

I'm interested in why you say that as I'm getting married in January.

As I see it, I just need a letter of affirmation from the embassy translated then off to the amphur.

 

[theoldgit]

7 hours ago, rod40a said:

So your saying a appeal is a wast of time ? 

No I didn't say that, I said that she could reapply at any time but the reasons for the refusal would need to addressed.
If you appeal you will need to prove that the decision was wrong, it looks to me that whilst it was harsh, it was correct, a professional agent should have spotted the lower figure on which the ECO has to base the calculation on. By proffessional agent, I mean one who is  registered an an OISC 

[theoldgit]

7 hours ago, Chelseafan said:

I'm interested in why you say that as I'm getting married in January.

As I see it, I just need a letter of affirmation from the embassy translated then off to the amphur.

Quite a few people have reported encountering problems with certain Amphurs and their latest "rules".

[blackcab]

@rod40a Any appeal will fail. This is because there are two reasons for the refusal.

 

The first is a lack of income, as discussed above. Even if:

 

1. Your pension was included on the application, and

2. The decision maker failed to notice it (which is unlikely), and

3. The income issue was fixed

 

Your appeal would still fail on reason two. That is because you are divorced, and you supplied a decree nisi as proof of your divorce, and not the decree absolute.

 

In this case the refusal decision was clearly correct. When you appeal, you are appealing the decision made at the time. At the time you supplied the decision maker with a decree nisi when a decree absolute is needed. I don't see how you can successfully appeal this. Understand that sending in a decree absolute with your appeal will not work.

 

My advice would be to make a fresh application using an OISC registered agent. The two errors on this application are basic and should have been spotted before submission.

[Chelseafan]

1 hour ago, theoldgit said:

Quite a few people have reported encountering problems with certain Amphurs and their latest "rules".

Sorry. I don't want to hijack the thread but what "rules"?

 

[essox essox]

On 10/4/2019 at 2:16 AM, rod40a said:

I stand corrected not slept for 24 houres head all over the place but she will be reapplying as i said above the mistakes were made by me

why dont you ask the place where VISA was refused as to when you can re-apply ???????????!!!!!!!!!

[theoldgit]

31 minutes ago, Chelseafan said:

Sorry. I don't want to hijack the thread but what "rules"?

There have been a few people who have encountered difficulties over the months, have a look through the dedicated forum, and I'm not reffering to the problem some people have encountered getting appointment at their embassy for an affirmation. I will confess to not reading it regularly.

https://forum.thaivisa.com/forum/164-marriage-and-divorce/