can i go with appeal..

[ashjay2012]

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.

[alil2014]

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.

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.

The ECO correctly took the lowest payslip and calculated the salary from that. As I've told you before reapplying will be much quicker if you can meet the income requirement now ie your last 6 payslips show £1550 or more

[ashjay2012]

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...

[Rayking]

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...

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.

[alil2014]

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.

As for employment letter, even if your employment letter stated that you earn £50k but you submit a payslip that falls below £1550
you would still be refused. Employment letter just gives the ECO an idea of the sort of employment you are in and your gross pay. Whereas payslips and bank statements show how much you have actually earned.

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?

Below is the method I have used assuming you earned £2775 commission in 6 months. With salary alone you will be unsuccessful with the appeal but with commission calculated as below you might have a reason to appeal.

Salary calculation:

Salary - 1176*12 = £14,112 (this is taking your lowest payslip)
Commission - 2775/6 * 12 = £5500 (commission earned in 6 months divide by 6 to give a monthly amount and then times by 12 to give yearly amount)

Total salary - £19,622

COULD A MODERATOR OR EXPERIENCED MEMBER OF THE FORUM PLEASE CONFIRM THIS IS THE CORRECT CALCULATION USED?

[Rayking]

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.

[alil2014]

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.

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).

Employment letter should also have stated that the sponsor gets paid commission and should have ideally stated the amount of commission earned in the previous 6 months relied upon, making it easier for ECO.

How would commission be calculated would it be total of 6 months divided by 6 and then times by 12? if that is the case then he may have a successful chance of appeal, otherwise applicant has not met financial requirement and would be refused on appeal

[Obie]

Even if one was to say the ECO should have use the basic pay of 1530, that will still be well short of the 18600 requirement.

[ashjay2012]

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?

its for 12 months..

[alil2014]

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?

its for 12 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.

When you do reply make sure all payslips submitted show a minimum gross amount of £1550 and the employment letter actually states the gross amount relied upon. Once you have all your documents ready to submit just post a list and i'm sure the forum members will be able to help.

Good Luck

[ashjay2012]

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...

[Obie]

Well you should appeal if there is an allegation of deception, as this could jeopardise future applications.

[ashjay2012]

dear obie..
but they rejected on paragraph EC.P1.1(d) of appendix FM of immigration rules E-ECP.3.1 "

if he is considering that our doc are not genuine then why is he not rejecting on that reason by simply giving any refernce for that eg EC sumthing sumthing...

[Obie]

difficult to make sense of it. It is the kind of matter for which a forum advise may not be suitable.

[ashjay2012]

i know u r point s valid... i will see the the help...

[Obie]

I do believe you financial position needs to be improved, as it does not look pretty positive in regards to the requirement of appendix FM.

[ashjay2012]

obie... my sponsor is going to start her new job on 19 dec 14 getting a basic salary of £21000 plus commission on each sale.. her probation period with new employer will be of 3 months. in that case i have 2 options:

Option 1:
we will apply in mar 2015 and can show last 12 months payslip. but i am really afraid that if again ECO will pick the lowest pay in last 12 month. (we are applying in mar 15 becoz her probation is of 3 months). but m afraid if ECO again pick the lowest pay in last 12 month and multiply by 12.

Option 2:
we can also apply in july 2015 after she received her 6 months payslips from her new employer(on £21000 pay ). in that case we will meet the Financial requirement of 18600 easily.

but i afraid that if ECO again challenge our doc that they are not genuine & reject visa.. what will u suggest..????

also if i submit all doc in support of financial requirement with her new employer. will it be fine..???

[alil2014]

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...

What document are they referring to which is not genuine?

As for deception, I think the refusal notice would state whether you would be banned from applying etc.

[alil2014]

duplicate post

[Rayking]

The fact that it's stated a document isn't genuine is a sensible thing you should be worried about not the fact that you weren't refused on that.
You've got to sort that out NOW or it will come back to hurt your application even if your income is a million pounds next time you apply.
It seems you don't understand the financial requirement properly, they can't pick out the lowest income if you're applying and using 12 months payslips? Or multiply it by 12?
If your wife is changing job,you'll be applying under cat B,which requires showing payslips in the past 12 months.This must be equal or greater than 18600
To meet the second condition, your employer must state your annual income is 21000 with present job,it won't matter much when you apply if you can show your total income is now 18600 if you add all the payslips in the past 12 with the new job.
But........if you don't sort out the document not being genuine, I'm afraid, it will be another refusal.

[ashjay2012]

What document are they referring to which is not genuine?

they have not mentioned the doc name.

[ashjay2012]

But........if you don't sort out the document not being genuine, I'm afraid, it will be another refusal.

Rayking.. in that case i must consider to appealing and Will challenge their decision..

[alil2014]

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...

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)"

So what is the document they are referring to or are they just blanks on the letter???

Sometimes you need to clear and state all the facts, that way you are likely to get more of a response and better advice from forum members.

[ashjay2012]

"YOU HAVE SUBMITTED(INSERT THE NAME OF THE DOCUMENT) WHICH HAS BEEN CONFIRMED BY THE (INSERT THE NAME OF ISSUING AUTHORITY)"

this is the reason m pulling my hair my friend.. ECO has not specifically mentioned any name of doc.


dear moderators.. can u please increase the limit of attachment.. i am unbale to attach my refusal as the attaching limit is too small.. increase upto atlest 2 mb.