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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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My Russian fiance has been refuse a spouse visa to get

Resolved Question:

My Russian fiance has been refuse a spouse visa for us to get married in uk. The reason was not supplying required evidence to prove minimum income.
I am self employed living and workingin my hotel business. I supplied bank statements from business accounts but not tax returns.
Is there any prospecxt of a successful appeal?
If we were to marry in Russia and re apply for a visa would article 8 of human rights act grant her a visa in this circumstance or would minimum salary evidence be just as relevant?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. If you get married in Russia, then your future wife will have an entitlement to live and work in the UK as your family member. Here, the only issue which would be relevant is whether you earn more than £18,600 or more, if you are a UK Citizen. If you are a citizen of an EEA country other than the UK, then there is no income requirement. So whilst the income issue is once again relevant, the test is different.
Expert:  Buachaill replied 1 year ago.
2. I am quite surprised that your application was refused. I would suggest you file tax returns which show your actual income each year so as to highlight the fact you can support your fiance whilst in the UK. It is possible to file additional evidence upon appeal. You can make a fresh application but then you will pay an additional application fee.
Expert:  Buachaill replied 1 year ago.
3. However, if you pursue the appeal in its current format, it will fail once again. Only 35% of appeals succeed. So the success rate is not very high. I would advise you to consider your options and then chose which one is most appropriate to your situation.
Customer: replied 1 year ago.
If I submit a current tax return on appeal would this be a credible route to apply? Does the income outweigh any consideration under article 8?
Expert:  Buachaill replied 1 year ago.
4. The income requirements outweigh any Article 8 right. An Article 8 right is not an absolute right. You can seek to submit further evidence upon appeal, but this will not guarantee success. This is why I outlined the betting odds for success.
Customer: replied 1 year ago.
Ok Thankyou
Expert:  Buachaill replied 1 year ago.
5. You are welcome. Please RAte the answer.
Customer: replied 1 year ago.
Can savings be combined with property income to meet requiremnent as i know self employed income cannot be joined with savings?
Expert:  Buachaill replied 1 year ago.
6. It is a straightforward income test. I know it might seem absurd, but savings don't count. However, you could invest the savings in something like an annuity which would then give you an income to bring you above the income threshold.
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