Settlement Visa Refusal

[terrytab]

Hi all

Could anyone please give advice on the following refusal which a mate of mine got today in bk.

However i am not satisfied, on the balance of probabilities that your application meets the requirements of paragraph 281, and in particular

That you and your spouse will be able to maintain yourselves and any dependents adequately without recourse to public funds

BECAUSE

You have applied for settlement to join you husband. you have presented various documents in support of your application and i am satisfied that contact and communication is taking place between you both.

however, you state that your husband is employed in a computer shop in the uk. you state that his duties are to log the names of customers and their usage of the internet services. you have prensented his payslips for january and february 2005, which show he recieved £443.16 and £532.43 respectively for his monthly salary. his salary for march 2005 was £1177.46. you have also presented his bank statements. one abbey account with the balance of £5.79 at 5th April 2005 and a nationwide account with a balance of £99.51 at 23rd march 2005. you have little funds of your own. your husband has been previously married and has a 14 year old son who lives wth him and a 17 year old daughter who lives with his ex wife.

You have a limited command of english language and it is unlikely that you will be able to obtain gainful employment in the uk at this point in time. i must point out that your relationship with your husband has developed very quickly and the above factors along with your husbands commitments in the uk outweigh any decision to issue you with entry clearance. on the evidence available to me i cannot be satisfied that adequate funds exist to maintain yourself, your husband and his dependants without recourse to public funds.

Whilst i am satisfied that family life exists in this case.

Then the Article 8 bit

He Started a new job in january (had a months holiday in thailand booked for 4 weeks) so only had 2 weeks wages for jan and feb, normal months pay for march.

he is still in thailand is there any way he can get them to look again at their decision whilst he is still there? they have been married 6 months and this is the 3rd visit he has made in the 6 months, each for 1 month at a time, they have also been refused 2 visitor visa's on the basis of no reason too return, and saying they should be applying for settlement visa.

Many thanks for any advice

Terry

[ProThaiExpat]

My compliments to the UK rep who wrote the letter. Sure wish we got something similar when refused by U.S. Immigration.

Seems to me that the problems for immigration outlined in the letter are correctable over time so try again when finances improve and job longevity exists.

[Rinrada]

That you and your spouse will be able to maintain yourselves and any dependents Adequately without recourse to public funds

BECAUSE

You have applied for settlement to join you husband.-OK

You have presented various and i am satisfied that contact and communication is taking place between you both. ....GOOD

Your husband is employed in a computer shop in the uk. eerr -GOOD

You have also presented his bank statements. ....O DEAR

..one abbey account with the balance of £5.79 at 5th April 2005

..and a nationwide account with a balance of £99.51 at 23rd march 2005. 

and you have little funds of your own.  

..You have a limited command of english language and it is unlikely that you will be able to obtain gainful employment in the uk at this point in time.   

.

Sorry not being Rotten here, but look at the offerings...

Just imagine that you are applying for a loan from a High St Bank (terrible analy..but its the real world out there..)

Good morning Sir you wanna borrow £200,000 ...to buy a new house ...

could you give us a list of your assets,security,EQUAiTY

....ie Make us believe that we should GIVE you this......

As highlighted above there is a couple of good points and it looks as though the Visa Officer has considered the application carefully and if you read between the lines he/she has given your mate the opportunity to improve the STATUS of the application.(surely no need to spell it out...it there)

Chok dee ....

[GU22]

Agreed, tell your friend to get back to the UK, sort his finances out and then re-apply in about 6 months.

[Clive sorts]

Terry

It does seem that the Embassy are concentrating on the financial status of your friend as being the main reason for their refusal of the visa.

Do you know how long your friends relationship is with his GF ? This can be a vital factor too in the acceptance for a visa, the Embassy state that they want to see a longer relationship. Best advice I can give is for your friend to return to UK and work on his financial status to be in a stronger position to re-apply. Complete months of wage slips and bank statements.

It is not detremental that he has two children from a previous relationship but to show that he has the financial means to support them & his GF in Thailand(when she eventually is in the UK).

Regards

Clive Sorts

[chonabot]

I would Appeal this decision via the IAS in Croydon.

Explain to them the ramifications with regards to the reduced salary etc and it should be a goer.

I appealed a decision ( my 3rd refusal on fiance visa) and the IAS came through with no problems.

The Embassy's reason for refusal was less clear cut than this one.

Mr Scouse should have some considered advice on this case.

[the scouser]

What is in your mate's favour is that the visa officer has not sought to challenge that their relationship is genuine and once he's sorted out his finances his wife can apply again.

As Chonabot says, he should also appeal, and the Immigration Advisory Service may represent him/his wife for free. He has 28 days in which to submit his wife's appeal notice to the embassy. The adjudicator has to consider whether the visa officer's decision was correct on the date it was made, so if that is a true reflection of his financial standing as of today the appeal may be lost, but there is no harm in trying.

Scouse.

[terrytab]

Many thanks to everyone for your replies

Terry

[GU22]

I'm not sure that an appeal is worth the hassle. Your mate was refused because his finances weren't up to scratch. Whether or not his finances are now ok is irrelevant, as the ECO can only base his/her decision on the evidence presented. Unless your mate can show that the ECO disregarded key evidence then any appeal will probably fail.

Up to your mate, but in his shoes I'd get my finances sorted out and then re-apply.

[BIG SPUDS]

One question playing around in my mind is how much money is enough?

I dont have a mortgage, have a full time job, £1300 monthly pay, bank has wrote me a letter saying i have £7000 (via overdraft) available to me, but i am £200 overdrawn. So does this class as i cant take care of my GF?

[bkk_mike]

One question playing around in my mind is how much money is enough?

I dont have a mortgage, have a full time job, £1300 monthly pay, bank has wrote me a letter saying i have £7000 (via overdraft) available to me, but i am £200 overdrawn. So does this class as i cant take care of my GF?

<{POST_SNAPBACK}>

"Without recourse to public funds"

You're £1,300 a month and no dependents (other than your fiance) should be enough, insofar as you're not entitled to benefits with that high an income. (and even if you were entitled to working tax credit - that's not classed as a benefit, but as a tax break).

I think the other poster's problem is really that he's earning less than you, and has more outgoings (i.e. one child living with him, and presumably child support for the other). He's only had his job for 3 months, and in that time took UNPAID holiday for a month. (i.e. His job "almost" looks like someone hired him as a favour for the visa interview. If nothing else, disappearing for a month two weeks after you start does nothing for your likely longevity in the role.)

If I remember correctly, you work for DHL. - If you've worked for them for a while, your current bank balance shouldn't be an issue. (Your income over a reasonable period will show you're unlikely to be claiming benefits).

The fact that your bank is willing to give you a £7,000 overdraft facility says a lot about how trustworthy your bank thinks you are.

Edited April 22, 2005 by bkk_mike

[BIG SPUDS]

so you dont think it matters i am overdrawn at present?

[the scouser]

No, it doesn't matter as long as your income is sufficient to service your overdraft and provide for you and your wife.

Cheers,

Scouse.

[The_Moog]

Submitting a bank statement in formal support containing a GBP 5.79 balance is plain silly.

[pautai]

its not surprising he was refused , talk about living by the seat of your pants !

he sounds all very shaky and unstable.

unstable jobwise , poor salary etc . unstable background

[GU22]

Basically, they will look at your net monthly income and then deduct any fixed/regular outgoings, such as:-

Rent/mortgage

Servicing of debts/loans/overdraft etc.

Child support etc.

If what's left is more than the basic income support for a couple then this should be sufficient.

Big Spuds would seem to satisfy this, whereas terrytab's mate obviously does not.

[snoophound]

Agreed.

Unlikely the TG would last in these circumstances.

She prob thinking Rich Hansum man England.

Imagine she get back and sees where and what they have to live on.

its not surprising he was refused , talk about living by the seat of your pants !

he sounds all very shaky and unstable.

unstable jobwise , poor salary etc . unstable background

<{POST_SNAPBACK}>