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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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how can i bring my wife from Jordan after she was refused a

Resolved Question:

how can i bring my Jordanian  wife from Jordan after she was refused a spouse visa and have 28 days to appeal the decision

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.

Thanks question.
What nationality are you please? What are the specific reasons why your wife's application wasvrejected by the home office?
Kind regards
Tom
Customer: replied 2 years ago.
Thank you reply
Iam British citizen
The rejection was following reasons
1- proof of marriage which I enclosed a translation
2- proof divorce from ex wife which I didn't know they required and the same wife as she was divorced
3- English language proof as she does not have as she didn't know where can do that , she has a moderate English
4 finance as I enclosed a statement that I had £35k in my account and according to some documents they sent to fill that I required £16k as savings.but they said I need 2.5 *18500+16000=62250
This brief of what happened
Now I was living out uk and came back in sept with around 60k and bought a car then bought a small restaurant so it will genrat income then applied wife to come
After that I had left 35k
The problem I have in addition
I have a senen year old. Child who goes to school and needs looking after and having real problem living without his mother
He asks me daily if she was coming tomorrow and when is she coming
It's a real situation where I can't concentrate on my work or my child or the home
Please let me know if need any further information
Regards ***** *****
Expert:  Thomas replied 2 years ago.
Issam
Did you submit any evidence of income or did you attempt to base it on your £35, 000.00 savings?
Are you in receipt of employment income now? (eg from restaurant) and if so how much per annum is this likely to be?
Kind regards,
Tom
Customer: replied 2 years ago.
The forms we filled does not allow to show any thing as you have to go by either one
In addition I have just started the business as the Resturant was closed down and I changed use to fast food Fish and Chips instead of Indian as the Area we are in does not have one but has plenty of restaurants
Expert:  Thomas replied 2 years ago.
Issam
Drafting your answer now. It's not great news though. 5 mins please.
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Issam
Thank you question and patience, I’m Tom and I’ll try to help you.
According to the rules (and I’m not saying that I agree with them), the home office have correctly rejected the application.
There are a number of evidential things missing:-
1. Your respective divorce certificates (with certified translations if necessary)
2. Her evidence of English language (https://www.gov.uk/join-family-in-uk/knowledge-of-english)
3. No evidence of meeting the financial requirement
The financial requirement is explained in detail here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
You will see that if you seek to rely on cash savings alone (and not in combination with income) in order to meet the requirement then you would have to show cash savings held of 6 months of £62500.
If you only showed £35, 000.00 held months then only a proportion of that is used to calcultate whether you meet the financial threshold of £18600 per annum. I calculate that only £7600 would be used in reaching the threshold figure of £18600. This means that you would have to have also shown £11, 000.00 per annum in income in order to meet the requirement. So, if you did not do this then you do not meet the requirement and the home office were able to reject the application.
Because of the large omissions from your application and the evidential rules applicable on appeal, I would not be confident of you being successful. Instead the best thing you can do is see a solicitor in the UK practising immigration law in order to instruct them to submit a further new application on behalf of your evidence.
They would correct the deficiencies in your application so that you can evidence the additional income to meet the financial requirement.
I am sorry that I could not have better news , but the home office have not acted illegally and determined the application correctly under the current rules (which I do not agree with in a moral sense).
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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