In the same article, ECO-Friendly also mentioned that all applications for any type of UK visa includes a list of “MANDATORY” and “OTHER” DOCUMENTS via an official checklist, which the applicant receives after paying the online fee.
Amy filed for a UK Spouse Visa and a copy of this checklist of supporting documents is also listed at the last part of the application form and this serves as a guide for the applicant in gathering and obtaining the supporting documents which should be sent to the UKVI to prove his or her eligibility.
Since Amy’s husband/sponsor was a recipient of the Personal Independence Payment (PIP), the official checklist itemized, among others, proof of receipt of such PIP.
However, aside from being a PIP beneficiary, the husband/sponsor was likewise regularly employed in a local university. At the same time he was also self-employed as a private teacher.
So in effect, there are three sources of income at the time her application was filed:
- The regular pension from PIP which he has been receiving since the 1990s
- Self-employed as a teacher at his own limited company which is registered under his name
- Fully employed as a teacher at the local university
All three sources of income were mentioned and indicated in the application.
We would like to explain that in a standard application for a UK Spouse Visa, UK Fiancée Visa or any other type of UK Settlement Visa, only one type of source of income is sufficient. In Amy's case her husband/sponsor has three source of income.
Now since the application was computer-generated, when the couple inputted the PIP as the first source of employment, they were asked some details about the PIP like when the husband started receiving the regular benefit from it, how much the husband regularly received, and other pertinent details.
Then they were asked about the details of his self-employment, including the amount of his annual income from this self-employment which is more than the required GBP18,600.
He started this limited company in 2014, the application was filed 2018 and so he has been engaged with this company more than four years before they filed the spouse visa application.
With regard to his full time employment as a teacher at a UK University, he was also asked details about this which were answered clearly, accurately and honestly.
The details of his employment were the last portion of the application and after this part, the Mandatory and Other Documents appeared, so naturally the applicant was of the impression that the documents listed in this checklist were all that was required for her to file.
Under the MANDATORY DOCUMENTS, it listed only two documents:
- The passport/travel document of the applicant, and;
- A copy of the bio data page of the passport of the husband/sponsor
The two documents which were enumerated in the checklist were only with respect to the income derived from the PIP.
On the other hand, proofs of revenue from the other two employments (limited company and employment as teacher at the university) were not listed.
The two PIP documents enumerated in the checklist were the following:
- Bank statements to prove that the husband/sponsor received PIP, and;
- Official documents from the Department for Work and Pensions or Veteran’s Agency confirming the husband/sponsor’s current entitlement and amount received for the PIP
These were the only two documents listed in the checklist, which she understood were required to prove that she complied with the financial requirement of her UK Spouse Visa application
Other documents required to be submitted were proof of relationship between the applicant and her husband/sponsor, proof of divorce of the husband from his former spouse as well as proof of dissolution of the former marriage of the applicant.
There was no mention of other documents to show the legitimacy of the two other sources of income (self-employment and actual work as university teacher) of her husband/sponsor.
So she only attached documents to show that her husband received the PIP and did not bother to attach documents to demonstrate the salaries from the other two livelihoods as they were not needed included in the checklist.
Less than two months later she received a refusal letter saying the application was refused because Amy did not meet the “eligibility financial requirement.”
According to the letter, Amy “did not provide evidence which shows that there will be adequate maintenance for yourself, your partner/sponsor and any dependants without further recourse to public funds.”
It seems the ECO did not take the other two sources of income of Amy’s husband/sponsor and only considered ADEQUATE MAINTENANCE as the manner by which the financial requirement may be met or complied with.
And this very important issue will be the topic of ECO-Friendly's next article. Until next time...
(To be concluded)