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spouse visa refused ,pls help

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Marriage | Unmarried Partners | Fiancé | Ancestry

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jassi55
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Posts: 51
Joined: Wed Feb 05, 2014 10:16 pm

appeal hearing date in october , pls help

Post by jassi55 » Fri Aug 15, 2014 12:32 pm

hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.

Obie
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Location: UK/Ireland
Ireland

Re: spouse visa refused ,pls help

Post by Obie » Fri Aug 15, 2014 12:47 pm

You have a decent prospect of success, provided they don't come with something new.
Smooth seas do not make skilful sailors

networkers
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Location: United Kingdom
Mood:
United Kingdom

Re: appeal hearing date in october , pls help

Post by networkers » Fri Aug 15, 2014 2:40 pm

jassi55 wrote:hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.

Hi Jassi55,

How you check with HMRC about your Up to date tax?

Thanks.

joshboy
Newly Registered
Posts: 14
Joined: Fri Oct 04, 2013 12:49 pm

Re: appeal hearing date in october , pls help

Post by joshboy » Fri Aug 15, 2014 2:54 pm

jassi55 wrote:hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.
Hi Jassi55,

So from your ECM deadline of the end of July, which was not overturned, you received a letter to confirm that you will have an oral appearing in court this Oct?

Is that correct?

maniani
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Posts: 245
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Location: London
United Kingdom

Re: appeal hearing date in october , pls help

Post by maniani » Fri Aug 15, 2014 4:46 pm

jassi55 wrote:hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.
Dear jassi

What is your exact hearing date in October?????

khawaja9
Newly Registered
Posts: 26
Joined: Mon Mar 03, 2014 1:49 pm

Re: appeal hearing date in october , pls help

Post by khawaja9 » Fri Aug 15, 2014 6:36 pm

jassi55 wrote:hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.
my case also refused due to tax not paid by employer. have u not submitted ur appeal before. and if yes what was the result? and r u talking about hearing in Oct. ? My husband submit appeal recently with p60 after correction.

jassi55
Junior Member
Posts: 51
Joined: Wed Feb 05, 2014 10:16 pm

Re: appeal hearing date in october , pls help

Post by jassi55 » Fri Aug 15, 2014 11:51 pm

networkers wrote:
jassi55 wrote:hi all, my appeal date is in october , visa been refused because hmrc had no record of my paye being paid and 2nd reason was eco said i am still living with my ex wife , which wasn't true and i collected enough evidences to rectify this . my employer paid all my tax and given me letter that it was their mistake , i check with hmrc my tax is upto date and i have my p60 as well , do i have any chance of winning , recently ecm also emailed me and asked for p60 n payslips which i sent a month ago , please give your advice , as i am going to appeal myself , thanks everybody.

Hi Jassi55,

How you check with HMRC about your Up to date tax?

Thanks.
you can phone them n ask or you can request employment history thats take two weeks to come by post

jassi55
Junior Member
Posts: 51
Joined: Wed Feb 05, 2014 10:16 pm

Re: spouse visa refused ,pls help

Post by jassi55 » Fri Aug 15, 2014 11:59 pm

hi Obie , how can i defend myself about my tax not being paid , just to let you know in my company all 60 staff tax wasn't paid and when i told my employer they paid for all the staff , do you think i should take my manager as witness to confirm this ,even manager tax wasn't paid, they have given me letter already to confirm this and another question my ex wife wasn't living with me , i have all the docs to prove this e.g her house lease copy , her statement to confirm this , her utility bills , do you think i should request her to come to court as a witness to confirm this or get a statement from her in front of a solicitor and notarize it , thanks

maniani
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Location: London
United Kingdom

Re: spouse visa refused ,pls help

Post by maniani » Sat Aug 16, 2014 6:52 am

jassi55 wrote:hi Obie , how can i defend myself about my tax not being paid , just to let you know in my company all 60 staff tax wasn't paid and when i told my employer they paid for all the staff , do you think i should take my manager as witness to confirm this ,even manager tax wasn't paid, they have given me letter already to confirm this and another question my ex wife wasn't living with me , i have all the docs to prove this e.g her house lease copy , her statement to confirm this , her utility bills , do you think i should request her to come to court as a witness to confirm this or get a statement from her in front of a solicitor and notarize it , thanks
Dear jassi

Had you recieved your ECM review report? If you already recieved that, then please write the whole wording.... This will help moderator to give you more information ... And what is your exact appeal hearing date in October??

jassi55
Junior Member
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Re: spouse visa refused ,pls help

Post by jassi55 » Sat Aug 16, 2014 2:21 pm

no ecm report yet , I m still waiting

maniani
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Location: London
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Re: spouse visa refused ,pls help

Post by maniani » Sat Aug 16, 2014 2:42 pm

jassi55 wrote:no ecm report yet , I m still waiting
Exact hearing date??????

Obie
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Location: UK/Ireland
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Re: spouse visa refused ,pls help

Post by Obie » Sat Aug 16, 2014 2:47 pm

Well if you are on PAYE, it is the employer's duty to pay your taxes.

I cannot defend your case as i am not your representative, but i would think paying taxes and NI contribution is your employer's duty, and if you can should there was genuine employer-employeee relationship, a contract of employment, and wages were been payed, the rest will be your employer's duty.

A Judge will get into legal error if they were to hold that against you.
Smooth seas do not make skilful sailors

jassi55
Junior Member
Posts: 51
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Re: spouse visa refused ,pls help

Post by jassi55 » Sat Aug 16, 2014 5:41 pm

I m gonna request my employment history for 2013-14 and try to grt a letter from my mp n try to take my manager with mme to hearing , is that gonna be enough to convince judge , end of the day , paye is not my responsibility , I hav payslips , bank statements and contract and employers letter , thanks to obie n all others

maniani
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Location: London
United Kingdom

Re: spouse visa refused ,pls help

Post by maniani » Sat Aug 16, 2014 5:48 pm

jassi55 wrote:I m gonna request my employment history for 2013-14 and try to grt a letter from my mp n try to take my manager with mme to hearing , is that gonna be enough to convince judge , end of the day , paye is not my responsibility , I hav payslips , bank statements and contract and employers letter , thanks to obie n all others
This will overcome your financial problem ... What will you do about your relationship problem (ex-wife) ?????? I will be very thankful if you told me your exact appeal hearing date , So that I can take idea of my appeal hearing date...

jassi55
Junior Member
Posts: 51
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Re: spouse visa refused ,pls help

Post by jassi55 » Sat Aug 16, 2014 10:59 pm

6 October

jassi55
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Re: spouse visa refused ,pls help

Post by jassi55 » Sun Aug 17, 2014 1:53 pm

hi seniors , i don't know how appeal process work after i receive hearing date which is in october , please expalin me a stepwise way to approach my hearing date , do i need to send anything to tribunal before hearing date ? thanks

maniani
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Location: London
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Re: spouse visa refused ,pls help

Post by maniani » Mon Aug 18, 2014 9:58 am

jassi55 wrote:hi seniors , i don't know how appeal process work after i receive hearing date which is in october , please expalin me a stepwise way to approach my hearing date , do i need to send anything to tribunal before hearing date ? thanks
Dear Jassi,

I had a question for you. Can you please tell me that at the time of your wife visa application , was you with her in India at that time??

jassi55
Junior Member
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Re: spouse visa refused ,pls help

Post by jassi55 » Mon Aug 18, 2014 12:27 pm

[quote="jassi55"]hi seniors , i don't know how appeal process work after i receive hearing date which is in october , please expalin me a stepwise way to approach my hearing date , do i need to send anything to tribunal before hearing date ? thanks , please somebody advice me , many thanks

maniani
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Location: London
United Kingdom

Re: spouse visa refused ,pls help

Post by maniani » Mon Aug 18, 2014 2:35 pm

Dear jassi55


I had a question for you. Can you please tell me that at the time of your wife visa application , was you with her in India at that time??

khawaja9
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Re: spouse visa refused ,pls help

Post by khawaja9 » Tue Oct 07, 2014 8:34 am

Jassi55 can u plz tell what happened in hearing as u told it will be on 6Oct. I m really looking forward to ur case as I m refusal reason is same as urs. Tax not paid by employer. Plz let me know update.

Mas121
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Re: spouse visa refused ,pls help

Post by Mas121 » Thu Oct 09, 2014 4:21 pm

khawaja9 wrote:Jassi55 can u plz tell what happened in hearing as u told it will be on 6Oct. I m really looking forward to ur case as I m refusal reason is same as urs. Tax not paid by employer. Plz let me know update.
I am also in the same situation in regards
to my husbands visa tax not paid
By my employer jassi can you please email me On
Mas-Hussain@hotmail.co.uk

phaara
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Re: spouse visa refused ,pls help

Post by phaara » Fri Oct 10, 2014 5:34 pm

salam brother & sister

i am new on this thread. i m here on this thread to get help bcoz im soo upset due to my refusal

i applied for spouse visa on 31 january 2014
on 2nd oct 2014 i got refusal on one reason that your 2nd jobs salary why not going into bank account (basically from first job my husband is already earning 16500 pounds yearly and bhc accepted alhamdolillah.. 2nd job is a part time job,pounds 3500 yearly. means just 73 pounds weekly he is getting from 2nd job.. its a very few amount just thats why he didnt put it in bank.. but bhc didi objection and refuse visa althoughits a policy of tht company to pay cash)

now they gave us right to appeal.. we have all the proves like from tax n revenue department that yes we paid tax on this 2nd job salary.. also we have prove from accountants book tht salary is paid regularly also employeer letter we have.. so we can prove bhc that yes its a genuine job its not bad quality alhamdoillah

so pls guys what do u think after reading my situation..
entry clearnce manager n court will direct overturned and give visa inshaALLAH??
or they will give hearing date for this??

jazakallah
online app 29/1/2014
Biometric 31/1/2014
Forwarded to Isb OC on 3/2/2014
RFC 2/10/2014

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: spouse visa refused ,pls help

Post by maniani » Fri Oct 10, 2014 7:50 pm

phaara wrote:salam brother & sister

i am new on this thread. i m here on this thread to get help bcoz im soo upset due to my refusal

i applied for spouse visa on 31 january 2014
on 2nd oct 2014 i got refusal on one reason that your 2nd jobs salary why not going into bank account (basically from first job my husband is already earning 16500 pounds yearly and bhc accepted alhamdolillah.. 2nd job is a part time job,pounds 3500 yearly. means just 73 pounds weekly he is getting from 2nd job.. its a very few amount just thats why he didnt put it in bank.. but bhc didi objection and refuse visa althoughits a policy of tht company to pay cash)

now they gave us right to appeal.. we have all the proves like from tax n revenue department that yes we paid tax on this 2nd job salary.. also we have prove from accountants book tht salary is paid regularly also employeer letter we have.. so we can prove bhc that yes its a genuine job its not bad quality alhamdoillah

so pls guys what do u think after reading my situation..
entry clearnce manager n court will direct overturned and give visa inshaALLAH??
or they will give hearing date for this??

jazakallah
There is a chance of winning of appeal at court. The ECM rarely overturn the decision.

SoHopeful
Senior Member
Posts: 947
Joined: Wed Sep 16, 2009 11:01 pm

Re: spouse visa refused ,pls help

Post by SoHopeful » Sat Oct 11, 2014 12:09 pm

phaara wrote:salam brother & sister

i am new on this thread. i m here on this thread to get help bcoz im soo upset due to my refusal

i applied for spouse visa on 31 january 2014
on 2nd oct 2014 i got refusal on one reason that your 2nd jobs salary why not going into bank account (basically from first job my husband is already earning 16500 pounds yearly and bhc accepted alhamdolillah.. 2nd job is a part time job,pounds 3500 yearly. means just 73 pounds weekly he is getting from 2nd job.. its a very few amount just thats why he didnt put it in bank.. but bhc didi objection and refuse visa althoughits a policy of tht company to pay cash)

now they gave us right to appeal.. we have all the proves like from tax n revenue department that yes we paid tax on this 2nd job salary.. also we have prove from accountants book tht salary is paid regularly also employeer letter we have.. so we can prove bhc that yes its a genuine job its not bad quality alhamdoillah

so pls guys what do u think after reading my situation..
entry clearnce manager n court will direct overturned and give visa inshaALLAH??
or they will give hearing date for this??

jazakallah
The rules clearly state that the ECO can only consider cash payments that have been paid into the sponsor's bank account. In my opinion there are no grounds for appeal.

phaara
Member of Standing
Posts: 290
Joined: Sat Jun 07, 2014 8:42 am

Re: spouse visa refused ,pls help

Post by phaara » Sun Oct 12, 2014 8:01 am

maniani wrote:
phaara wrote:salam brother & sister

i am new on this thread. i m here on this thread to get help bcoz im soo upset due to my refusal

i applied for spouse visa on 31 january 2014
on 2nd oct 2014 i got refusal on one reason that your 2nd jobs salary why not going into bank account (basically from first job my husband is already earning 16500 pounds yearly and bhc accepted alhamdolillah.. 2nd job is a part time job,pounds 3500 yearly. means just 73 pounds weekly he is getting from 2nd job.. its a very few amount just thats why he didnt put it in bank.. but bhc didi objection and refuse visa althoughits a policy of tht company to pay cash)


now they gave us right to appeal.. we have all the proves like from tax n revenue department that yes we paid tax on this 2nd job salary.. also we have prove from accountants book tht salary is paid regularly also employeer letter we have.. so we can prove bhc that yes its a genuine job its not bad quality alhamdoillah

so pls guys what do u think after reading my situation..
entry clearnce manager n court will direct overturned and give visa inshaALLAH??
or they will give hearing date for this??

jazakallah
There is a chance of winning of appeal at court. The ECM rarely overturn the decision.
Thanku for reply

So how much time appeal take almost

JazakAllah
online app 29/1/2014
Biometric 31/1/2014
Forwarded to Isb OC on 3/2/2014
RFC 2/10/2014

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