spouse visa resual.. need help.. plz help

[SoHopeful]

That calculation is correct. You don't have to wait 12 months if your sponsor has earned £9600 in the last 6 months.

[ashjay2012]

hi sir,


yes she has earned more £9680 from mar2014 to aug 2014. that means we should not listen lawyer. but sir, my sponsor is getting variable pay (as she is commissioned based paye). please tell me is that ok?. how they will calculate for commissioned based employe.


thanks

ashjay

[ashjay2012]

hi all,

while i was doing online research i came across that ECO refuses some applications becoz sponsor didn't fill undertaking form SU07/12.

is it required to fill this form for spouse.????

Also, for accommodation i m providing below docs:

1) rental agreement.
2) letter from landlord containing no objection if i join my sponsor in that property.
3) council tax which shows my sponsors name.
4) pictures of accommodation.

is there anything which i missed out then please help me t rectify it.


please advise,
thanks

ashjay

[Amber]

It's not generally required but there were some cases which were not accepted when one was not completed, by the third party processor rather than ECO.

[Rayking]

You don't need it for settlement, but if you do,no worries, Amber's advice is better.
If the accommodation is a flat,the documents you've got should be fine, if shared accommodation, I suggest you get house inspection report from your local council.

[Rayking]

hi all,


is there anything which i missed out then please help me t rectify it.


please advise,
thanks

ashjay

* make sure your documents not older than 28 days.
* make sure your employment letter clearly state 4 important points the ECO wants to see.

[ashjay2012]

hi sirs,

thanks for the prompt reapply.. in the same time sorry i am taking your valuable time.


my sponsor is the single occupant & her only name is there on rental agreement and council tax. so by referring our advise i can conclude that we don't need inspection report.

furthermore, by considering i will take care for the doc not older than 28 days. also on my sponsor employment letter below are the point which HR mentioned.

type of job: permanent
date of commencement: last year sep
ni no.: xyz
tax code: xyz
No guaranteed overtime , commission & bonus.
salary : 18000k

also just a question as HR write 'No guaranteed overtime , commission & bonus.' is this make any problem. if yes then how we should cover it.


thanks in advance,

ashjay

[Rayking]

hi sirs,

thanks for the prompt reapply.. in the same time sorry i am taking your valuable time.


my sponsor is the single occupant & her only name is there on rental agreement and council tax. so by referring our advise i can conclude that we don't need inspection report.

furthermore, by considering i will take care for the doc not older than 28 days. also on my sponsor employment letter below are the point which HR mentioned.

type of job: permanent
date of commencement: last year sep
ni no.: xyz
tax code: xyz
No guaranteed overtime , commission & bonus.
salary : 18000k

also just a question as HR write 'No guaranteed overtime , commission & bonus.' is this make any problem. if yes then how we should cover it.


thanks in advance,

ashjay

You're fine with accommodation stuffs.
Pls,don't make a mistake of presenting this employment letter, your sponsor needs to get another one asap!
The letter should state:
1.Her employment and gross annual income
2.length of her employment
3.The period over which they have been or were paid the salary relied upon
4.Type of employment I.e permanent or fixed term or agency.
That 18000 stated in the letter can cause refusal which you don't wanna go through,it should be your total income in the last 6 months multiplied by 2,to get your annual stuff.she needs to show them what the rule states.
People have been refused on this technical grounds rather than not meeting the financial requirement.
Just ask people anything not clear to you Ok,you can't afford not getting it right.
No worries with that statements, as long as the information you need is on the letter and you meet the financial requirement on the letter given to you.

* Hope you still have 6 months or more on your rental agreement? Pls check that too

[ashjay2012]

rayking,

sorry i am not able to understand you point. what i understand is that we should only show 4 points which you have mentioned. we should not show 18000k in EMPLOYMENT LETTER.???? m i right... and we need to show that calculation for last 6 months in COVER LETTER..


please correct me if m wrong.. as i am very thankful to you and really considering your valuable advise right from the start.

thanks,

ashjay

[Rayking]

Yes,my point is, if the letter States her salary is 18000,then you've failed the financial requirement.
They need to state her salary obviously but NOT 18000,that's below financial requirement.
The employer needs to get the calculation right as well.

[ashjay2012]

ohhh... you are very correct.... but rayking you only suggest what i will do becoz intially my sponsor told HR to give letter which should contain that 18000K plus commission. but they told to my sponsor that this is the standard format which they give to all employees.

just info: my sponsor annual basic salary is 18000K but in reality she is earning up to 20000K.

you know she earned 1100 of commission from Mar2014 to Aug2014..

what sholud i do next.???

[Rayking]

Ok,I had the same prob too,so I know what you mean,tell her to take her payslips to them,in the last 6 months I mean.
In the letter they should state what her gross earnings is in the 6 months period and what her projected income in the next 6 months will be.
She should take the financial requirement rules to them,I told my boss he will pay if I get refusal.
They can leave their 18000 but must state what she's earned in the last 6 months and what her annual income will be with that.

[ashjay2012]

rayking .. really i like the way you convince your boss...

ok now i conclude that my sponsor should get a letter which definitely should not contain 18000k amount but it should contain

1) aggregate of last 6 months gross pay.( by considering her payslip before tax.) which comes around 9650k (from mar2014 o aug2014)

2) projected income in next 6 months.

but rayking there might the chance if they refuse to write projected income. becoz my sponsor is not getting guaranteed commissioned in that case what would be my next step. ???

[Rayking]

£885 is not a joke my brother! Lol
Just take the bundle of what the rules to them
Sorry,may be I shouldn't have said projected income.
I meant her annual income,which is base on her present gross total income,that is,9650×2 or 9650÷6×12,it's the same anyway.
Pls,make sure you do,this is actually the reason some have been refused not because they didn't meet the financial requirement it's very important.
You're simply asking them to state your gross income in the past 6 months and annual income base on that. Shouldn't be hard for them to state if you show them what you're required to present.

[ashjay2012]

very true..!! great advise...

also, thanks a tonne for your efforts which you are doing for my case.

just now i spoke to my sponsor. she told me that HR ppl are really stubborn. she told that she will try lets see if we can make this change possible. but as in my sponsor letter they have mentioned (see below)

1) "annual salary : £18000"

2) "no guaranteed commission & overtime, bonus".

so in worst case scenario if they refused to write as per our need. In that case can we make calculation what they have given in financial annex page no. 28, see 5.5.6. , also pl see 5.5.8 (car salesman example.)

please find the link below:

https://www.gov.uk/government/uploads/s ... rement.pdf

thanks alot..

ashjay

[Rayking]

I don't know if you can do it that way,may be senior members can chip in,but this is what is in section 3 of the rule.
3.2.3." The onus is on the applicant to demonstrate that the financial requirement is met in their case. Decision-makers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.
Because you're reapplying you wouldn't want anything to disturb your mind after sending the application, would you?
Just try your best,some of this eco's ain't humane as you really think.You give them what they want and you'll have a valid argument.
If the letter states your wife earns 18000,then he might have a reasonable argument to refuse the application or grant it.

[ashjay2012]

i agreed to your point and thanks for ur concern... i know its our headache to clarify all thing. ECO wont do this. but i will o my best..
thanks for ur wishes..

i will update u as we are moving forward..

thanking you

ashjay

[ashjay2012]

rayking,

as we are giving contract as it is the mandatory doc which we need to submit. right. in that case its written 18000k. so again the problem come.

lets see what there in our luck ..

tell me one thing should we give p60. acc to me its not required in our case becoz we are give payslip from mar2014 to aug2014. i think p60 is annually and it will generate in mar end for full financial year. ... m i right... wht u suggest...

[Rayking]

Do you mean contract of employment? Nothing to worry about, you get that at the start of employment and will state what you'll be earning.The letter detailing your income in the last 6 months is what's very important
As per P60,if you got one in May or June you can include this,but it's not so important really, just add it anyway.

[Rayking]

i agreed to your point and thanks for ur concern... i know its our headache to clarify all thing. ECO wont do this. but i will o my best..
thanks for ur wishes..

i will update u as we are moving forward..

thanking you

ashjay

No worries, just ask anything not clear to you,people are really helpful to help on here,it's not worth getting refusal if it's avoidable tbh.

[ashjay2012]

Greets to all...

just a quick question.. today my sponsor in UK asked for the letter from of "permission to stay" with my sponsor in that accommodation. but he (landlord) is not interested in that and said that as he is about to sell the studio flat and he don't want to loose that sell. hence if he give that permission there might be the chances that the new landlord don't agree to that and refuse the sale.

so, i am interested to know whether that "permission to stay" is really required or not.?????

thanks & kind regards,

ashjay

[MPH80]

It should be present ideally.

The requirement is that the accommodation is available. If the accommodation is rented and the lease has clauses about additional people staying there requiring landlord permission (which most do) - then without the permission - the accommodation isn't available for you to stay in.

[ashjay2012]

MPH80..
i agreed to your point.. u got a point.. but in rental contract it not mention that "additional ppl required permission"... still we need permission letter..???

please advise...
thanks

[MPH80]

If the rental contract has no restriction on additional people being allowed into the property to remain permanently - then you wouldn't need a letter of permission (and you should reference this point in a covering letter) - but you have to be very sure on that.

For example - my last rental contract (which was a few years ago) had specific clauses about long term visitors requiring permission and sub-letting requiring permission. So it wasn't specifically written in that way - but I couldn't add someone to the household without permission.

[Rayking]

The sponsor needs to fulfill ALL requirements and I think this one is accommodation requirement.The problem is that you wouldn't know what an ECO will pick on,if you don't provide enough evidence of having a satisfactory accommodation and he picks on this,then ................the best is to meet ALL requirement.
You can read more about accommodation requirements yourself, so you understand it's as important as other requirement.
You never know what this people will pick on really.