Refused UK Settlement Visa?

Posted by EH101 Blogger
Kirsten T asked:


Hi,

I was refused a Uk Settlement Visa recently. I actually had a 4 year overstay history so I thought I would be refused because of this, but turns out I didn’t get refused under the dreaded paragraph 320 (11) at all! I was at risk of this, but the ECO let me off, plus I never did anything illegal like work, or rely on public funds. I was refused under paragraph 281 (V). In the Home Office this rule is “the parties will be able to maintain themselves and any dependants adequately without recourse to public funds”.

This is what the ECO wrote in my refusal letter:

“You state that your husbands monthly income from all sources of employmeny or occupation after tax is (husbands income amount) pounds sterling. However, you have failed to provide any evidence of this. I am therefore not satisfied that you will be able to maintain yourself adequately without the recourse to public funds.”

This is the reason to my refusal. Now the funny part is, the ECO said I failed to provide ANY evidence of my husbands income, when I actually submitted 3 months payslips. It’s like he never saw them? Plus, in the list of documents he sent me back that he reviewed, the payslips are not even on there! Strange isn’t it.

He added at the bottom that I have full right to appeal, and that he strongly advises me to submit additional documents which addresses the reasons for the refusal with my appeal form, and that way he will possibly resolve the point at issue and reconsider, and issue my visa. And of course, he will dismiss the appeal hearing as it won’t be necessary anymore.

I am taking that to a great advantage and submitting those documents…hopefully he will change his mind.

I just wanted to share this since its alittle weird, and know what you guys think of it!

By the way, been married over 5 years, I’m american, husbands british. I am in USA, my husbands resides in UK.

MAHALIA

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3 Responses to “Refused UK Settlement Visa?”

  1. kataj Says:

    An appeal would make the border agency look bad did you give them to support the reason rather than.

  2. Maggie Says:

    The payslips may well have to do is easily done.

  3. Ehsan M Says:

    even if you do provide that information correctly then there’s a chance you will be refused because you overstayed last time