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You have asked the same question on another thread. But the answer is the same. Your chances of a successful appeal are very small at the best.ashjay2012 wrote:Dear all,
i applied spouse visa on 12 sep 2014. but again i got rejected on financial ground on 21 nov14. i had applied under cat A. i had submitted last 6 months payslips (from mar14 to aug14). as per my sponsor employment contract she get 18000. also i had submitted employer letter that she get commission.. but in my refusal they have considered minimum pay in July month which was 1177 & multiplied by 12 which comes to 14124 + 2775(commision) = 16899. this is below 18600. they have not consider my sponsor's contract. Also please see below that how her payslip shows for july 14 month.
basic pay : 1530
absence : 414
commision:61
total payments : 1176.
she was absent in this period in order to marry me in India. please advise me if I appeal what are the chances that i will win this case.
To be honest,you can't always blame this people, I'm sure you got quality advise on this forum but you chose to do it your way. I know how difficult refusal can be but pays to listen and ask question as many times it takes to understand.ashjay2012 wrote:hi i know that i alreday posted it on my another thread. but no one seems to be interested in replying there. so i created new one.
anyhow m unfortunate enuf that i got rejected twice. as per my knowledge i thought that ECO would pick up the lowest BASIC pay in last 6 months and will add the commission in that. but it really hard to get the fixed payslip every months. the person can fall sick.. sometimes the person can go in emergency.. u only say to me why they have not considered the CONTRACT of 18000. my sponsors employer is legally bonded to pay a salary of 18000 per annum. why they are NOT considering it. u know the problem. the problem is that we are earning more than the requirement but this shit immigration rules forcefully ruining the human emotion becoz of some bullshit rules on papers..
u know IF u simply add my sponsors last 6 months payslip. shes has earned £10516(prior to application).. can'T they multiply it by 2. it will comes to £21032. i know one thing.. OK i will go through this hard time.. but i knw one thing that they are also human.. god will do justice...
thanks alot
ashjay...
I understand your issues and I am sorry for your refusal. But applying second time round you should have been more careful, especially because you were refused once before on financial grounds.ashjay2012 wrote:hi i know that i alreday posted it on my another thread. but no one seems to be interested in replying there. so i created new one.
anyhow m unfortunate enuf that i got rejected twice. as per my knowledge i thought that ECO would pick up the lowest BASIC pay in last 6 months and will add the commission in that. but it really hard to get the fixed payslip every months. the person can fall sick.. sometimes the person can go in emergency.. u only say to me why they have not considered the CONTRACT of 18000. my sponsors employer is legally bonded to pay a salary of 18000 per annum. why they are NOT considering it. u know the problem. the problem is that we are earning more than the requirement but this shit immigration rules forcefully ruining the human emotion becoz of some bullshit rules on papers..
u know IF u simply add my sponsors last 6 months payslip. shes has earned £10516(prior to application).. can'T they multiply it by 2. it will comes to £21032. i know one thing.. OK i will go through this hard time.. but i knw one thing that they are also human.. god will do justice...
thanks alot
ashjay...
I agree. I am assuming from his previous posts stated that his wife had gone on unpaid leave when they got married hence why for the one month the payslip dropped below £1550, for that reason he would be rightly refused. Employment letter states 18k which would be how much the sponsor would earn without unpaid leave (still £600 below the threshold).Rayking wrote:Something isn't clear about the refusal, if the job is salaried employment and submitted a payslip less than 1550,of course commission will be part of the income,that could have cause a refusal.
What does he mean the contract pays 18000?
Did you get a letter from your employer stating your income in the past 6 month before the application? This is different from what will be stated in your contract of employment obviously if the commission is added,that's the letter HO want to see?
It might be better you post the exact words in the refusal letter.
its for 12 months..However you may have a reason to appeal because i have noticed that the ECO calculated your commission as £2775 was this earned over 6 months?
sorry to say your application will be refused on appeal. Its best to reply otherwise you will just be wasting your time and money.ashjay2012 wrote:its for 12 months..However you may have a reason to appeal because i have noticed that the ECO calculated your commission as £2775 was this earned over 6 months?
What document are they referring to which is not genuine?ashjay2012 wrote:dear forum seniors..
m really looking for your advise... actually in my refusal letter apart from refusing on financial calculation. Also, they have said that
"you have submitted (insert the name of document) which has been confirmed by the (insert the name for issuing authority) to be not genuine. This document was presented as the evidence of u and ur ability to meet the financial requirement of immigration rule as a result i m not satisfied that u r meeting the financial letter. i therefore refuse ur application under paragraph EC.P1.1(d) of appendix FM of immigration rules E-ECP.3.1 "
Can anyone please advise me that why is he saying that my doc are not genuine?? also he is not rejecting on that ground. now if i appeal my case will take upto 8 to 9 months.but i personally don't want to go with appeal. but m afraid that if i apply fresh application in future do they say that my doc are not genuine.. i really want to challenge this refusal becoz all my doc are genuine. but this times is really too long. please advise me...
they have not mentioned the doc name.What document are they referring to which is not genuine?
Rayking.. in that case i must consider to appealing and Will challenge their decision..But........if you don't sort out the document not being genuine, I'm afraid, it will be another refusal.
From the above ECO letter you state it says "YOU HAVE SUBMITTED(INSERT THE NAME OF THE DOCUMENT) WHICH HAS BEEN CONFIRMED BY THE (INSERT THE NAME OF ISSUING AUTHORITY)"ashjay2012 wrote:dear forum seniors..
m really looking for your advise... actually in my refusal letter apart from refusing on financial calculation. Also, they have said that
"you have submitted (insert the name of document) which has been confirmed by the (insert the name for issuing authority) to be not genuine. This document was presented as the evidence of u and ur ability to meet the financial requirement of immigration rule as a result i m not satisfied that u r meeting the financial letter. i therefore refuse ur application under paragraph EC.P1.1(d) of appendix FM of immigration rules E-ECP.3.1 "
Can anyone please advise me that why is he saying that my doc are not genuine?? also he is not rejecting on that ground. now if i appeal my case will take upto 8 to 9 months.but i personally don't want to go with appeal. but m afraid that if i apply fresh application in future do they say that my doc are not genuine.. i really want to challenge this refusal becoz all my doc are genuine. but this times is really too long. please advise me...
this is the reason m pulling my hair my friend.. ECO has not specifically mentioned any name of doc."YOU HAVE SUBMITTED(INSERT THE NAME OF THE DOCUMENT) WHICH HAS BEEN CONFIRMED BY THE (INSERT THE NAME OF ISSUING AUTHORITY)"