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Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 12:20pm On Oct 31, 2016
toksys:



yes lexusgs but the answer was not clear like i said maybe because of the way i frame the question earlier. this is why i have to reframe it well so that i can get a sincere answer to it. please i wouldn't mind if you take a look at the question again i will appreciate sir


my concern is question 2 (i have removed question 1 and i did not include the status i stated in my first question.that is why i said i had to reframe the question again because in the answer you gave i did not include that status

see question
my wife works in the care support sector one place she earns 1,200 pound (permanent with letter of employment ) while the other place earn she earns 400 pound/month (contract) although, she can earn more if she put in extra hour in this place.


Question 2:can she apply after 6 month of working with her combined salary (permanent + contract).and will she meet the financial requiremnt


Status[/b]: [b]we have been married for 6 month but no children yet but we trust God

Let's assume you want to file in your application in December, let's count six months back.
November, October, September, August, July & June. Considering the listed months, does she earn half of the required amount? Would she have wage slips to back up? Would she have reflecting bank statements?
Re: UK Spouse Visa/Appeal Process-part2 by Lightme: 1:15pm On Oct 31, 2016
[/quote]
Hi stillwaiting

I feel really bad that this decision has not been overturned at review. I mean this is clearly a straightforward appeal. even if UKVI had tried to get in contact with your wife, why didn't they send an email or letter by post or invite any of you for interview if they are in doubt of a genuine subsisting marriage . Your lawyer completely didn't argue this in the appeal. What about the case law of Bk turkey that I referenced in my hubby's appeal. Your refusal was solely on issue of ' marriage is not substisting, your lawyer should have argued and defined the meaning of a subsisting marriage as it is Bk turkey case, then back it up with evidence of contacts between you too.

If you do have the money go and reapply add more evidence and fill the application forms yourself, the forms are easy to complete or ask here for help if anything. Or you wait for a hearing date
I have said this many times all these lawyers or liars or solicitors whatever their name is are absolute waste of time energy and resources, may I never have anything to do with them Amen.




[quote author=stillwaiting post=50645670]Thanks a lot ALL AND @LEXUSGUS430....... BY TOMORROW, 1ST NOVEMBER, IT WILL BE 12MONTHS @ APPEALS.
Could Caribbeanwify28 share her appeals timeline with the house? and let us share a little bit of your experience about the appeals- draining patience, and how you were able to weather the storm-psychologically and the mental trauma or anybody else who has won recently, can the house share their timeline/time-table experience?
Re: UK Spouse Visa/Appeal Process-part2 by Uchman365: 2:50pm On Oct 31, 2016
Caribbeanwify28:
Would it cause an issue that I created a new application and have a new GWF number issued? Or is it OK because I did not pay the visa fee?

None at all. It gets deleted after a while of inactivity. Just don't quote that GWF number for anything to avoid confusion.
Re: UK Spouse Visa/Appeal Process-part2 by Uchman365: 3:08pm On Oct 31, 2016
Caribbeanwify28:
Would it cause an issue that I created a new application and have a new GWF number issued? Or is it OK because I did not pay the visa fee?


Carribeanwify, to be honest, you're almost there at the finish line. The fact that your application is still open and they're still waiting for the IHS payment after so many attempts to get in touch is quite amazing. Usually, by now they would have simply refused the visa and told you to appeal!

Also, if you can use your MP to send the correct email address to speed up the process, please do so.

Your lawyer is disgraceful, I hope you make a complaint to their trade body.
Re: UK Spouse Visa/Appeal Process-part2 by Benz101: 6:45pm On Oct 31, 2016
@toksys to my understanding on the financial requirements, and considering the fact that your Spouse's income is from two sources, that does not qualify you to go for 6months income with one employer. If your spouse's income over the past 12months from various sources exceeds £18600, then you have met the 12months route. Provided you have the pay slips and bank statement as evidence. This is my opinion, I stand to be corrected.
Re: UK Spouse Visa/Appeal Process-part2 by Nikesteve: 11:44pm On Oct 31, 2016
Lexusgs430:


I hope you have started packing and saying your goodbye's?
Still thinking on your question........
yes I am packing thank you...when you finished thinking let me know sha
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 12:08am On Nov 01, 2016
OK-Thanks
Uchman365:


None at all. It gets deleted after a while of inactivity. Just don't quote that GWF number for anything to avoid confusion.
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 12:13am On Nov 01, 2016
@Uchman365 The MP said he can not get involved in my case like that.

FINALLY I AM GETTING SOME WHERE GUYS:

Dear ….

Immigration Health Surcharge (IHS) payment needed

On 6 April 2015, the UK Government introduced a Health Surcharge payment requirement for non-EEA nationals who apply to come to the UK to work, study or join family for a period of more than 6 months. The consideration of your visa application has been deferred because you have not made that payment.  

What you need to do next:

You must make the payment by visiting ………….

Please note that if the full payment is not made by 19th October 2016 then your application will be refused.  If this is the only reason for refusing your application, you will have to make a new visa application and your visa fees will not be refunded.

To prevent any further delays with processing your application, once you have made this payment please send an e-mail to ihs.sheffield@fco.gsi.gov.uk containing your name, GWF reference and the amount that you have paid for IHS.

MY HUSBAND RECEIVED THIS EMAIL TODAY TO THE ADDRESS I HAVE BEEN TRYING TO GET THEM TO CHANGE IT TO....HOWEVER THE ONLY THING NOW IS THAT THE LINK THEY SENT EXPIRED ON THE 19TH OCT. HE ONLY GOT THE EMAIL TODAY 31/10/2016. I HAVE GOTTEN HIM TO COMPLETE AN EMAIL REQUESTING A NEW LINK. HOPEFULLY WE GET THE NEW LINK ASAP...

PROGRESS GUYS...FINGERS CROSSED NOW AND PRAYERS UP smiley

Uchman365:



Carribeanwify, to be honest, you're almost there at the finish line. The fact that your application is still open and they're still waiting for the IHS payment after so many attempts to get in touch is quite amazing. Usually, by now they would have simply refused the visa and told you to appeal!

Also, if you can use your MP to send the correct email address to speed up the process, please do so.

Your lawyer is disgraceful, I hope you make a complaint to their trade body.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 12:31am On Nov 01, 2016
Caribbeanwify28:
@Uchman365 The MP said he can not get involved in my case like that.

FINALLY I AM GETTING SOME WHERE GUYS:

Dear ….

Immigration Health Surcharge (IHS) payment needed

On 6 April 2015, the UK Government introduced a Health Surcharge payment requirement for non-EEA nationals who apply to come to the UK to work, study or join family for a period of more than 6 months. The consideration of your visa application has been deferred because you have not made that payment.  

What you need to do next:

You must make the payment by visiting ………….

Please note that if the full payment is not made by 19th October 2016 then your application will be refused.  If this is the only reason for refusing your application, you will have to make a new visa application and your visa fees will not be refunded.

To prevent any further delays with processing your application, once you have made this payment please send an e-mail to ihs.sheffield@fco.gsi.gov.uk containing your name, GWF reference and the amount that you have paid for IHS.

MY HUSBAND RECEIVED THIS EMAIL TODAY TO THE ADDRESS I HAVE BEEN TRYING TO GET THEM TO CHANGE IT TO....HOWEVER THE ONLY THING NOW IS THAT THE LINK THEY SENT EXPIRED ON THE 19TH OCT. HE ONLY GOT THE EMAIL TODAY 31/10/2016. I HAVE GOTTEN HIM TO COMPLETE AN EMAIL REQUESTING A NEW LINK. HOPEFULLY WE GET THE NEW LINK ASAP...

PROGRESS GUYS...FINGERS CROSSED NOW AND PRAYERS UP smiley


Let's hope the expired link, does not translate to a new application process.
Send an email, pleading extenuating circumstances.......
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 12:34am On Nov 01, 2016
He already has, hopefully a new link is sent and it's not to late...


Lexusgs430:


Let's hope the expired link, does not translate to a new application process.
Send an email, pleading extenuating circumstances.......
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 12:47am On Nov 01, 2016
Caribbeanwify28:
He already has, hopefully a new link is sent and it's not to late...



I hope he explained the mix up in the emails and pleaded extenuating circumstances?
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 12:48am On Nov 01, 2016
Nikesteve:
yes I am packing thank you...when you finished thinking let me know sha

Ticket bought? All those your owanbe clothes and shoes, you can will them to me nah
Re: UK Spouse Visa/Appeal Process-part2 by anyichi16: 8:22am On Nov 01, 2016
I have a question please. A friend who applied for a spouse visa asked me this morning if his visa can be refused for not paying phone contract bills. While he was schooling in the UK, he got a mobile phone on contract and was paying monthly until he came back to Nigeria for his marriage to a British Babe. The wife has gone back to London. He has handed in his spouse visa application. However, his fear is that he might be refused since he has not been paying since April this year cos he's in Nigeria.
I don't know how best to advise him. Please can anyone help? Lexus and other gurus in the house abeg make una help o.
Re: UK Spouse Visa/Appeal Process-part2 by stillwaiting: 8:27am On Nov 01, 2016
[quote author=Lightme post=50652318]
Hi stillwaiting

I feel really bad that this decision has not been overturned at review. I mean this is clearly a straightforward appeal. even if UKVI had tried to get in contact with your wife, why didn't they send an email or letter by post or invite any of you for interview if they are in doubt of a genuine subsisting marriage . Your lawyer completely didn't argue this in the appeal. What about the case law of Bk turkey that I referenced in my hubby's appeal. Your refusal was solely on issue of ' marriage is not subsisting, your lawyer should have argued and defined the meaning of a subsisting marriage as it is Bk turkey case, then back it up with evidence of contacts between you too.

If you do have the money go and reapply add more evidence and fill the application forms yourself, the forms are easy to complete or ask here for help if anything. Or you wait for a hearing date
I have said this many times all these lawyers or liars or solicitors whatever their name is are absolute waste of time energy and resources, may I never have anything to do with them Amen.

Thanks a lot Lightme: Very straightforward in spite of loads of evidence of contacts and MP letters, these people up until now have refused to overturn their decision. It is very painful. We put evidence of emails to HO, calls UKVI, that my wife complained of not heard anything from them when the application was with them, and they refused to respond. Unfortunately, my lawyer did not argue nor quote any law on subsisting marriage.
Could you kindly assist me in defining the meaning of a subsisting marriage as it is Bk turkey case, the case law of Bk turkey that you referenced/defining subsisting marriage or send me the link/or through private message to my email.

Help in looking through and kindly add that of yours (BK Turkey case) and help me edit/delete what is irrelevant therein. Thanks

A copy of email I sent to her and she did not respond, '...The Home office are just punishing our family on this excuse that our marriage is not genuine or subsisting, the ruling beneath may be a reference to prove our case for them'

New case law on meaning of genuine and subsisting marriage

Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamber, Mr Justice Blake, has had a hand in all three.


The two cases were upheld by the Upper Tribunal (Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC) and (The authority of GA (“Subsisting” marriage) Ghana * [2006] UKAIT 00046; [2006] Imm AR 543)

Meaning of and proving a “subsisting marriage”
The second case is Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC). The President observes (as he does in Papajoraji) that all 115 questions in the visa application form were properly completed and goes on to find that the immigration judge erred in law by imposing his own expectations of how a couple might conduct their relationship and by failing to appreciate that the evidence that was presented was properly corroborative of the relationship. Thankfully for Luddites everywhere, the President is particularly critical of the bizarre finding that the absence of texting somehow suggested the relationship was less than genuine. He then goes on:

It may be that the ECO and the judge considered that the requirement to show a “subsisting marriage” imposes some significant burden to produce evidence other than that showing that there was a genuine intention to live together as man and wife in a married relationship. If so we conclude that that is an error of law. The authority of GA (“Subsisting” marriage) Ghana * [2006] UKAIT 00046; [2006] Imm AR 543 only requires that there is a real relationship as opposed to the merely formal one of a marriage which has not been terminated. Where there is a legally recognised marriage and the parties who are living apart both want to be together and live together as husband and wife, we cannot see that more is required to demonstrate that the marriage is subsisting and thus qualifies under the Immigration Rules.
Standard of proof and post decision evidence

The third case, Naz (subsisting marriage – standard of proof) Pakistan [2012] UKUT 00040 (IAC), was an appeal by the Entry Clearance Officer to the Upper Tribunal against an appeal that had been allowed. The President reiterates that post-decision evidence is admissible if it goes to show what the situation really was at the date of decision — the Hoque and Singh [1988] Imm AR 216 argument, for the case law historians amongst you — and upholds the judges’s assessment of the sponsor being a confused but honest witness.

All three are welcome cases, restoring some common sense and propriety to the judicial evaluation of other people’s relationships. Perhaps most importantly, the theme that underpins all three cases is that it should not be assumed as a starting point that all immigrants are liars who must somehow prove otherwise. The standard of proof is, after all, simply ‘more probable than not’.
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:05am On Nov 01, 2016
anyichi16:
I have a question please. A friend who applied for a spouse visa asked me this morning if his visa can be refused for not paying phone contract bills. While he was schooling in the UK, he got a mobile phone on contract and was paying monthly until he came back to Nigeria for his marriage to a British Babe. The wife has gone back to London. He has handed in his spouse visa application. However, his fear is that he might be refused since he has not been paying since April this year cos he's in Nigeria.
I don't know how best to advise him. Please can anyone help? Lexus and other gurus in the house abeg make una help o.

He cannot be refused his spousal visa for not paying his mobile phone bills. (BUT)
He might have had a CCJ against his name and once he arrives back within the system, the network providers would be chasing him for payment through debt collection agencies.
His credit file would already be impacted negatively
Re: UK Spouse Visa/Appeal Process-part2 by toksys: 9:06am On Nov 01, 2016
Lexusgs430:


Let's assume you want to file in your application in December, let's count six months back.
November, October, September, August, July & June. Considering the listed months, does she earn half of the required amount? Would she have wage slips to back up? Would she have reflecting bank statements?

i thank you lexusgs for taking time out to answer me i appreciate .yes she would have earn haf of the required amount . yes she does have payslip to back it up and she have bank statement reflecting this. with this answered have we met the six month requirment? or its going to be 12 month. that is what i want to clarify 6month or 12month. considering that her income is from two sources
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:17am On Nov 01, 2016
toksys:


i thank you lexusgs for taking time out to answer me i appreciate .yes she would have earn haf of the required amount . yes she does have payslip to back it up and she have bank statement reflecting this. with this answered have we met the six month requirment? or its going to be 12 month. that is what i want to clarify 6month or 12month. considering that her income is from two sources


I would quote the citation for you. And you can interpret it.
Seems stillwaiting is raining and spreading precedents and case laws................
Make I follow join o......
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 9:27am On Nov 01, 2016
toksys:


i thank you lexusgs for taking time out to answer me i appreciate .yes she would have earn haf of the required amount . yes she does have payslip to back it up and she have bank statement reflecting this. with this answered have we met the six month requirment? or its going to be 12 month. that is what i want to clarify 6month or 12month. considering that her income is from two sources


Threshold requirement and accommodation: The sponsor must be financially able to support their foreign spouse and any dependents without applying for any disbursements of public funds, and provide suitable accommodation which will not become overcrowded within the definition of the Housing Act. Effective July 9, 2012, sponsors must be earning at least £18,600 per annum (this increases to £22,400 if there is one dependent, £24,800 for two dependents, £27,200 for three etc.) continuously for six months (12 months for self-employed sponsors),or have personal savings and/or other sources of income, including permitted benefits, sufficient to meet the new threshold requirement. Applicant’s personal savings, earnings
Re: UK Spouse Visa/Appeal Process-part2 by anyichi16: 9:32am On Nov 01, 2016
Lexusgs430:


He cannot be refused his spousal visa for not paying his mobile phone bills. (BUT)
He might have had a CCJ against his name and once he arrives back within the system, the network providers would be chasing him for payment through debt collection agencies.
His credit file would already be impacted negatively



Thanks very much Lexus. I have called him and advised accordingly. You're such a genius. Weldone !!!!!!
Re: UK Spouse Visa/Appeal Process-part2 by Abbylove: 9:35am On Nov 01, 2016
@Caribbeanwify28

WOW! Finally email issue has been resolved.

I share ur worry on the expired link but Fear Not.
I pray they send a new link.

The toughest soliders fight the toughest battles.

You are almost there! Stay strong and keep us posted.

P.s Ur MP is one of a kind in a bad way.


Caribbeanwify28:
@Uchman365 The MP said he can not get involved in my case like that.

FINALLY I AM GETTING SOME WHERE GUYS:

Dear ….

Immigration Health Surcharge (IHS) payment needed

On 6 April 2015, the UK Government introduced a Health Surcharge payment requirement for non-EEA nationals who apply to come to the UK to work, study or join family for a period of more than 6 months. The consideration of your visa application has been deferred because you have not made that payment.  

What you need to do next:

You must make the payment by visiting ………….

Please note that if the full payment is not made by 19th October 2016 then your application will be refused.  If this is the only reason for refusing your application, you will have to make a new visa application and your visa fees will not be refunded.

To prevent any further delays with processing your application, once you have made this payment please send an e-mail to ihs.sheffield@fco.gsi.gov.uk containing your name, GWF reference and the amount that you have paid for IHS.

MY HUSBAND RECEIVED THIS EMAIL TODAY TO THE ADDRESS I HAVE BEEN TRYING TO GET THEM TO CHANGE IT TO....HOWEVER THE ONLY THING NOW IS THAT THE LINK THEY SENT EXPIRED ON THE 19TH OCT. HE ONLY GOT THE EMAIL TODAY 31/10/2016. I HAVE GOTTEN HIM TO COMPLETE AN EMAIL REQUESTING A NEW LINK. HOPEFULLY WE GET THE NEW LINK ASAP...

PROGRESS GUYS...FINGERS CROSSED NOW AND PRAYERS UP smiley

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 10:00am On Nov 01, 2016
Abbylove:
@Caribbeanwify28

WOW! Finally email issue has been resolved.

I share ur worry on the expired link but Fear Not.
I pray they send a new link.

The toughest soliders fight the toughest battles.

You are almost there! Stay strong and keep us posted.

P.s Ur MP is one of a kind in a bad way.



Caribbeanwify28, needs to find us a Caribbeanwify too (after this hurdle is finally crossed)..............

2 Likes

Re: UK Spouse Visa/Appeal Process-part2 by Abbylove: 11:21am On Nov 01, 2016
@Lexusgs430 I know what u mean. Every man needs a Caribbeanwify....She's strong willed and can hold her own #StrongGirl

Lexusgs430:


Caribbeanwify28, needs to find us a Caribbeanwify too (after this hurdle is finally crossed)..............

2 Likes

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 11:28am On Nov 01, 2016
Abbylove:
@Lexusgs430 I know what u mean. Every man needs a Caribbeanwify....She's strong willed and can hold her own #StrongGirl


#StrongGirl #JerkChicken #GingerBeer

2 Likes

Re: UK Spouse Visa/Appeal Process-part2 by Abbylove: 11:59am On Nov 01, 2016
Hahaha.

Anytime I start feeling nervous about my application I come here and bury myself in the "History" pages.

Its been 6 weeks since I applied. (Non priority)

I pray I would be sharing good news soon.


Lexusgs430:


#StrongGirl #JerkChicken #GingerBeer
Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 1:00pm On Nov 01, 2016
Abbylove:
Hahaha.

Anytime I start feeling nervous about my application I come here and bury myself in the "History" pages.

Its been 6 weeks since I applied. (Non priority)

I pray I would be sharing good news soon.




Possibly 3 months or less to go........... You are looking Feb/Mar 2017.........
Keep enjoying our sun...................

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by Abbylove: 1:09pm On Nov 01, 2016
Blood of The LAMB!!!


NO OOOOH.

BIKO

FEBRUARY ke?

Olorun maje! Lol

Looking at early December at most (12 weeks)

I wanna be sipping hot chocolate under a duvet with my Hubbylove this Christmas! Amen

Lexusgs430:



Possibly 3 months or less to go........... You are looking Feb/Mar 2017.........
Keep enjoying our sun...................

2 Likes

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 1:13pm On Nov 01, 2016
Abbylove:
Blood of The LAMB!!!


NO OOOOH.

BIKO

FEBRUARY ke?

Olorun maje! Lol

Looking at early at most December. (12 weeks)

I wanna be sipping hot chocolate under a duvet with my Hubbylove this Christmas! Amen



Hot chocolate and doughnuts. LOL
Going by the timelines published on this thread, 12 weeks stated on application, looks elongated ..........

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by Lexusgs430: 1:15pm On Nov 01, 2016
Abbylove:
Blood of The LAMB!!!


NO OOOOH.

BIKO

FEBRUARY ke?

Olorun maje! Lol

Looking at early December at most (12 weeks)

I wanna be sipping hot chocolate under a duvet with my Hubbylove this Christmas! Amen


The quicker you check out, the better. Your tithe on this thread would be redeemed earlier..........

1 Like

Re: UK Spouse Visa/Appeal Process-part2 by oladunni4real: 3:30pm On Nov 01, 2016
good day all,
please do we need to present to tls office in Nigeria other supporting documents to be sent to shefield for sight seeing before they are returned to the sponsor to send?.
Re: UK Spouse Visa/Appeal Process-part2 by Uchman365: 5:46pm On Nov 01, 2016
oladunni4real:
good day all,
please do we need to present to tls office in Nigeria other supporting documents to be sent to shefield for sight seeing before they are returned to the sponsor to send?.

ALL supporting documents to be sent to Sheffield ,only passport and former are taken in nigeria
Re: UK Spouse Visa/Appeal Process-part2 by Caribbeanwify28: 7:39pm On Nov 01, 2016
@Abbylove thanks lol


Abbylove:
@Lexusgs430 I know what u mean. Every man needs a Caribbeanwify....She's strong willed and can hold her own #StrongGirl

1 Like

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