joanna123 Posted May 29, 2015 Share Posted May 29, 2015 My husband's spouse visa has been refused. We applied under cat C - non-employment income. The two reasons given were both under the financial requirement - everything else was met: 1. We did not provide bank statements from all three banks where the income from rental properties was going.. However, when we looked through our returned documents, all three bank statements for 12 months immediately prior to application WERE there. How can I prove this?? Secondly, we did not provide a current lease for 2 of the 6 properties we own. The leases had expired, but tenants were still in the properties, and income was clearly shown. PLUS, the four remaining leases more than covered the required 18,600GBP. We met the financial criteria by double the required amount. I know we shouldn't have booked the flights, but we have. We leave Australia in 7 weeks. Apparently an appeal can take up to six months, and even if we are able to provide the 2 leases that had expired (now renewed), the likelihood is they may still refuse the appeal. We may also be able to apply under cat A as I have a job offer in the UK. Apparently, if I get that in writing, we can use rental income from our Australian property as income as well.. I have been told that this might be the best option for us - apply again under a different category, and pay for the priority processing, meaning we can still (providing we put in the correct documents this time), leave as planned. This of course, will cost us an extra $4500. We are so devastated.. We really need to get to family in the UK. We're exhausted and fed up and need the support with the kids! x Quote Link to comment Share on other sites More sharing options...
newjez Posted May 29, 2015 Share Posted May 29, 2015 (edited) CanCan you not enter on a tourist visa and appeal? If you own 6 properties, surely it's just a formality? Edited May 29, 2015 by newjez Quote Link to comment Share on other sites More sharing options...
bristolman Posted May 29, 2015 Share Posted May 29, 2015 I agree, go to the UK on a visitors visa and sort it out when you are there. It's sounds as though you easily meet the criteria and it will be easier to sort than from a distance. Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted May 29, 2015 Share Posted May 29, 2015 My husband's spouse visa has been refused. We applied under cat C - non-employment income. The two reasons given were both under the financial requirement - everything else was met: 1. We did not provide bank statements from all three banks where the income from rental properties was going.. However, when we looked through our returned documents, all three bank statements for 12 months immediately prior to application WERE there. How can I prove this?? Secondly, we did not provide a current lease for 2 of the 6 properties we own. The leases had expired, but tenants were still in the properties, and income was clearly shown. PLUS, the four remaining leases more than covered the required 18,600GBP. We met the financial criteria by double the required amount. I know we shouldn't have booked the flights, but we have. We leave Australia in 7 weeks. Apparently an appeal can take up to six months, and even if we are able to provide the 2 leases that had expired (now renewed), the likelihood is they may still refuse the appeal. We may also be able to apply under cat A as I have a job offer in the UK. Apparently, if I get that in writing, we can use rental income from our Australian property as income as well.. I have been told that this might be the best option for us - apply again under a different category, and pay for the priority processing, meaning we can still (providing we put in the correct documents this time), leave as planned. This of course, will cost us an extra $4500. We are so devastated.. We really need to get to family in the UK. We're exhausted and fed up and need the support with the kids! x I know when I did my Oz partner visa application I scheduled all my documents and gave each of them a folio number. I assume that you didn't do anything like this but personally I would seek to turn this around and get them to prove to you that they didn't get these bank statements. Appeal and ask them to provide you with the inventory that they made of all the documents that you sent to them. Either they will appear on that inventory (job done) or they did not take an inventory which would be crass in my view and therefore indicative of them not doing a thorough job of examining the documents that you sent to them. Quote Link to comment Share on other sites More sharing options...
joanna123 Posted May 29, 2015 Author Share Posted May 29, 2015 Thanks Newjez and Bristolman. We could appeal, but apparently it takes up to 6 months. And, an experienced agent has told me we would be unlikely to win as we omitted to send them a current lease (it had expired). I know, due to income/properties, you'd think it would be so simple, but we didn't present the information well, and they say they didn't receive two sets of the bank statements (but they were in the docs they returned to us!) Also, my husband couldn't legally work if we went on a tourist visa. It wouldn't be ideal as he'd have to return within six months, but it is an option I guess.. Quote Link to comment Share on other sites More sharing options...
joanna123 Posted May 29, 2015 Author Share Posted May 29, 2015 Gbye Grey Sky - We're almost passing each other in the sky! We leave Brisbane on 17th Absolutely - you're right, we didn't schedule anything, it was pretty messy. I'm surprised at myself to be honest when I look back. Thanks for your advice. I need to have a good think! Quote Link to comment Share on other sites More sharing options...
rammygirl Posted May 29, 2015 Share Posted May 29, 2015 Surely leases don't expire they move to periodic leases so still valid. The wording in a lease should reflect that. Quote Link to comment Share on other sites More sharing options...
dxboz Posted May 30, 2015 Share Posted May 30, 2015 Surely leases don't expire they move to periodic leases so still valid. The wording in a lease should reflect that. You are right rammygirl however they would need to be current to evidence tenancy or provide some other proof from real estate agent etc. that property is still tenanted. Quote Link to comment Share on other sites More sharing options...
starlight7 Posted May 30, 2015 Share Posted May 30, 2015 And they think it is hard to get into Australia! This is awful- what are they thinking? Is a a prejudice against people here? I think it might be. Pity you're not a person with a disability living in Poland with minor criminal connections and no prospect of employment, ever. You'd be fine. Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 30, 2015 Share Posted May 30, 2015 I agree, go to the UK on a visitors visa and sort it out when you are there. It's sounds as though you easily meet the criteria and it will be easier to sort than from a distance. I think OP should take some advice on this. Arriving as a tourist just after being turned down for a spouse visa might cause issues. Also I didn't think UK allowed people to come on shore to sort out a spouse visa. Not in any way knowledgeable about the process this way, but just have a vague recollection and think best for OP to check it out. Quote Link to comment Share on other sites More sharing options...
Jacaranda Posted May 30, 2015 Share Posted May 30, 2015 Besides,would'nt the spouse on a tourists visa have to have a return flight ticket?I think OP I would gather all the extra info immi needs,apologise(in other words,kiss butt lol)and hopefully all will come good. Quote Link to comment Share on other sites More sharing options...
newjez Posted May 30, 2015 Share Posted May 30, 2015 I think OP should take some advice on this. Arriving as a tourist just after being turned down for a spouse visa might cause issues. Also I didn't think UK allowed people to come on shore to sort out a spouse visa. Not in any way knowledgeable about the process this way, but just have a vague recollection and think best for OP to check it out. Other option would be for hubby to stay in Australia while op sorts a job and meets the requirement that way. I do find this law favours those British people who marry a foreigner in the UK, and not those who meet and marry a foreigner overseas. Seems harsh to me. I assume there is no European connection for your partner? I assume op is leaving the property in Australia and not selling? It might make things easier if hubby ties up loose ends while op gets a job. Quote Link to comment Share on other sites More sharing options...
Rinkie66 Posted May 30, 2015 Share Posted May 30, 2015 When I originally applied for my permanent residency (from the UK before emigration) my application was refused, under the title no such job, even though I had described all my duties in my role came under their print and pre press section. We could have got our residency from my husband so I wasn't too bothered but as a follow up I emailed them saying, actually on your web site it clearly states that my duties come under pre press, I cut and pasted a roles description. I merely got an email back saying, that's fine, application approved!!! That's Australia for you!! My point being it could have literally destroyed all our future plans and turned our life upside down and all it took wasn't even an appeal but one second thought email to correct. I would follow it up in as many ways as you can, as fast as you can. Good luck Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 30, 2015 Share Posted May 30, 2015 When I originally applied for my permanent residency (from the UK before emigration) my application was refused, under the title no such job, even though I had described all my duties in my role came under their print and pre press section. We could have got our residency from my husband so I wasn't too bothered but as a follow up I emailed them saying, actually on your web site it clearly states that my duties come under pre press, I cut and pasted a roles description. I merely got an email back saying, that's fine, application approved!!! That's Australia for you!! My point being it could have literally destroyed all our future plans and turned our life upside down and all it took wasn't even an appeal but one second thought email to correct. I would follow it up in as many ways as you can, as fast as you can. Good luck What do you mean "That is Australia for you"? The OP is referring to an application to the UK not to Australia, as you appear to be? it is important not to get the two mixed up as they have different rules, for instance people can rock up in Australia and try to sort out a spouse visa from there, but as I mentioned earlier, I have a feeling this is a huge no no for UK. Quote Link to comment Share on other sites More sharing options...
newjez Posted May 30, 2015 Share Posted May 30, 2015 What do you mean "That is Australia for you"? The OP is referring to an application to the UK not to Australia, as you appear to be? it is important not to get the two mixed up as they have different rules, for instance people can rock up in Australia and try to sort out a spouse visa from there, but as I mentioned earlier, I have a feeling this is a huge no no for UK. Is it fairly easy to do that bungo? To come into Australia on a tourist and then start the spouse visa? Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 30, 2015 Share Posted May 30, 2015 Is it fairly easy to do that bungo? To come into Australia on a tourist and then start the spouse visa? Loads do it, just try reading the immigration forum. It isn't above board, but you can get away with it. Whereas I think it is just not possible in the UK. But as I have said on the thread, I am not familiar with the UK visa process and just want to encourage the OP to take good advice (from a professional). Quote Link to comment Share on other sites More sharing options...
joanna123 Posted May 30, 2015 Author Share Posted May 30, 2015 Hi everyone - thank you so much for all your ideas and wishes. It's all so awful. And they're so inhumane! If they had just sent one little email saying they can't find our bank statements, or, can we provide a 'current' and not an expired lease, we would have done so.. I also thought that a lease just continues if it 'expires'.. For example, a shop my sister and I jointly own in the UK has been tenanted by the same people for 13 years, but 2 years ago they chose not to renew their lease... So we can't include the income! I can ask them to sign a lease for 12 months and see if they'll do that.. I think our decision is going to have to be to reapply and schedule all our documents and make it a lot easier to read and understand than we previously did.. We should have presented all the documentations in a clear and simple way, and I now realise this costly error. Yes, my husband could enter on a tourist visa, but obviously wouldn't be able to work, and would also have to return to Australia within 6 months.. This obviously isn't ideal. I guess the other option is to do that and at the same time to appeal the decision of the visa and submit the documents they require and ask them to check their inventory for our bank statements (presuming they took copies)... It's pretty unfair, considering we meet the 18,600 requirement by double etc.. I just want my little boys to be with their grandparents I've given Australia 13 years and I've paid taxes in the UK on properties etc all that time. I feel hard done by that they could have resolved this with just one phone call or email - but I guess they don't have to and they were having a bad day.. Thanks again all. I'll be looking for a Brisbane based UK agent to help us with this one! Quote Link to comment Share on other sites More sharing options...
NicF Posted May 30, 2015 Share Posted May 30, 2015 I'm not sure where they are based but I have heard 1st Contact recommended on here for UK spouse visas. They have a website which is pretty good and will probably show where they are located. Having read your story and those of others on here I'm just glad I got my Australian OH to get his British citizenship before we left the UK. Good luck. Quote Link to comment Share on other sites More sharing options...
joanna123 Posted May 30, 2015 Author Share Posted May 30, 2015 Thanks NicF - Yes, I've actually been talking with 1st Contact and they are good.. It's just they are based in Melbourne and I'm in Bris, but we can and probably will use them. Quote Link to comment Share on other sites More sharing options...
newjez Posted May 31, 2015 Share Posted May 31, 2015 (edited) Hi everyone - thank you so much for all your ideas and wishes. It's all so awful. And they're so inhumane! If they had just sent one little email saying they can't find our bank statements, or, can we provide a 'current' and not an expired lease, we would have done so.. I also thought that a lease just continues if it 'expires'.. For example, a shop my sister and I jointly own in the UK has been tenanted by the same people for 13 years, but 2 years ago they chose not to renew their lease... So we can't include the income! I can ask them to sign a lease for 12 months and see if they'll do that.. I think our decision is going to have to be to reapply and schedule all our documents and make it a lot easier to read and understand than we previously did.. We should have presented all the documentations in a clear and simple way, and I now realise this costly error. Yes, my husband could enter on a tourist visa, but obviously wouldn't be able to work, and would also have to return to Australia within 6 months.. This obviously isn't ideal. I guess the other option is to do that and at the same time to appeal the decision of the visa and submit the documents they require and ask them to check their inventory for our bank statements (presuming they took copies)... It's pretty unfair, considering we meet the 18,600 requirement by double etc.. I just want my little boys to be with their grandparents I've given Australia 13 years and I've paid taxes in the UK on properties etc all that time. I feel hard done by that they could have resolved this with just one phone call or email - but I guess they don't have to and they were having a bad day.. Thanks again all. I'll be looking for a Brisbane based UK agent to help us with this one! Sorry, you've paid UK tax on Australian properties, or do you own properties in the UK as well? Just read this too which may cause issues If you are already in the UK and have a visa that allows you to remain for longer than six months you can apply to the Home Office in the UK – otherwise, this application can only be made from your home country or a country where you are a long-term resident. http://globalimmigrationsolutions.co.uk/spouse-visa/ Edited May 31, 2015 by newjez Quote Link to comment Share on other sites More sharing options...
BacktoDemocracy Posted May 31, 2015 Share Posted May 31, 2015 (edited) My husband's spouse visa has been refused. We applied under cat C - non-employment income. The two reasons given were both under the financial requirement - everything else was met: 1. We did not provide bank statements from all three banks where the income from rental properties was going.. However, when we looked through our returned documents, all three bank statements for 12 months immediately prior to application WERE there. How can I prove this?? Secondly, we did not provide a current lease for 2 of the 6 properties we own. The leases had expired, but tenants were still in the properties, and income was clearly shown. PLUS, the four remaining leases more than covered the required 18,600GBP. We met the financial criteria by double the required amount. I know we shouldn't have booked the flights, but we have. We leave Australia in 7 weeks. Apparently an appeal can take up to six months, and even if we are able to provide the 2 leases that had expired (now renewed), the likelihood is they may still refuse the appeal. We may also be able to apply under cat A as I have a job offer in the UK. Apparently, if I get that in writing, we can use rental income from our Australian property as income as well.. I have been told that this might be the best option for us - apply again under a different category, and pay for the priority processing, meaning we can still (providing we put in the correct documents this time), leave as planned. This of course, will cost us an extra $4500. We are so devastated.. We really need to get to family in the UK. We're exhausted and fed up and need the support with the kids! x I know this will be no practical help, but, my understanding is that most of this work is outsourced to contractors who employ the cheapest labour and there have been endless complaints about errors, the employees simply work from check lists with little understanding of what they are doing and I would guess that they are told to turn everything down which has the slightest discrepancy in it simply to get immigration figures down. Edited May 31, 2015 by BacktoDemocracy Quote Link to comment Share on other sites More sharing options...
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