Appeal of Spouse Visa Refusal on Income Threshold

[rfaisy]

Dear Gurus,
I am looking for some help in filing an appeal for a refusal of my wife's settlement visa. We applied for her visa on 16 July 2014 and on 5th Dec we received a decision that the visa has been refused on ground of not meeting the minimum income threshold which is really surprising as I do meet the minimum income threshold and as evidence I submitted the following:
1-certified bank statements
2-Letter from employer confirming my position, tenure and salary
3-Salary slips (6 months).
4-P60
5-HMRC employment history.

The main objection they wrote is that a)my bank statement does not evidence the receipt of my salary and b) one of my Salary is more than the monthly paid salary.

I can see why they are confused with the a) because 2 of my salaries are sent from my Boss's personal account as the my company was in the process of rebranding and for the b) I had some expenses paid along with my salary!!

I am really stuck here as I have no idea how I can appeal as now I have resigned from that company (30 Nov 2014 my last day) I can probably ask my boss to write a letter confirming my salaries were paid by company or I can ask the company's accountant to generate a statement showing that all the salaries were paid by company or I can get a P45.

Please can someone advice what is the best approach to deal with this. I am in an urgent help from someone as I am only left with few days to prepare the letters and file the appeal considering that xmas is approaching and everything will shut for few days!!

I also wonder if I have to rectify the objection based on previous evidence or shall I have to submitt new evidence of pay slips etc?

Many Thanks

[vinny]

You may submit additional evidence that satisfies Appendix FM-SE.

[rfaisy]

Thank you very much for your reply. So can I also submit new bank statements and pay slips until the date of refusal which can satisfy the minimum income threshold or will it be wise to just send a letter from employer which can explain and confirm the salary transfers?

[Obie]

Thank you very much for your reply. So can I also submit new bank statements and pay slips until the date of refusal which can satisfy the minimum income threshold or will it be wise to just send a letter from employer which can explain and confirm the salary transfers?

Yes evidence can be provided of matter that exist at time of application.

[rfaisy]

Thank You, do you think this is the right approach that is sending a letter or is there any other evidence I can send to strengthen my case. I would really appreciate an in depth advice on this matter as I am running short of time.

[rfaisy]

Any one please?

[rfaisy]

Dear Obie,
Can you please advice if I shall appeal my slef or go through a soliciter. I have attched the letter of refusal where it states the objection.

[Obie]

You have been refused because one of the monthly pay has not been shown on your account.

Did you write to them in a covering letter explaining the reasons for the missing pay.

You ought to have done that.

You can appeal and reapply.

You can provide further evidence to show that you were indeed paid in February 2014.

If they refuse you can go on to appeal.

[rfaisy]

Hi Obie,
Thank you for your kind advice.
Unfortunatley I forgot to give the clarfication that my Feb pay was transferred along with Expenses so the amount shown in the bank statment did not match the salary slip. However; the bank statemnent did show the name of the company. I also provided p60 which was upto APr2014 and it clearly shows that I was paid untill Apr by my employer.
So how do I disagree from the decsion of ECO? Shall I just say that I forgot to send a clarification letter and evidenc and then I can clarify and attach a letter from my employer confirming that I was paid for that month by my employer?
Please can you advice at your earliest conveniecne.
Many Thanks,

[rfaisy]

This is the last part of the letter, does it mean I can now only appeal and can not ask for review? They also have said in form IATF-2 that I don't need to send any original documents and only need to send those docs required to clarify the objection?
I beleive this is a straightforward case and I do not realy need to go through a lawyer?

[rfaisy]

I am also wondering if c) is the only objection as at the statment of refusal the ECO is saying that he is not satisified on the balance of probabilities that I meet all the requirments under the relavant paragraph...?
Can any one urgently help please?

[Obie]

The Secretary of State may come up with a Statement of their case, under the October 2014 Procedure rules, you will need to respond to anything they say.

You need to write your case, and deal with the issues raised in accordance with the law.

If you think you can handle that, then there is no need to hire a lawyer.

[rfaisy]

Hi Obie,
I did not get the first part about the secretary of state statement?
It was my main concern that if there is any legal language I have to use as a lawyer may do, other than that it looks like a straighforward case.
I have got a new letter from my employer explaining and confirmng the break down of my Feb salary (expenses + wages) I also have a signed copy my expense sheet and a verrified salary slip of Feb where he had hand written the break down and initialed and stamped. I am going to write the following cover letter on behalf of my spouse and the reason why I disagree with the decision.
Would you pleae advice if this is OK and appropriate or shall I hire a lawyer for a better language etc. The lawyer may charge me £ 500 !!

Dear ECO,
With all due respect I disagree to the refusal made on ground of financial requirement under section c of the refusal letter and that wage for Feb is not evident in the bank account.
I wish to appeal a review in your decision made on 3rd Dec 2014.
I hereby confirm that my Sponsor meets the financial requirement of a minimum income threshold of £ 18,600 annual gross income under the paragraph E-ECP 3.1 of immigration rules appendix FM.
I also confirm that his Feb wages were paid into his TSB bank account # xxxx on 27 Feb 2014 by his employer. However his February salary slip does not match the amount paid into his account because his company’s annual expenses were paid along with the Feb’s salary and unfortunately I missed out to provide a letter of clarification and an actual verified Feb pay slip with breakdown of the amount transferred.
A breakdown of his February deposit is as below.
Feb’s Salary: £ x
Expenses: £ y
Hence; Total Amount paid on 27 Feb 2014 = £ xy
In support of above clarification, as an evidence I have now provided a letter from my sponsor’s Employer confirming the wages paid into his account corresponding the period claimed to support the application along with the clarification of Feb’s deposit of £ xy have also attached an expense sheet duly approved by the Employer.
My Sponsor’s bank statements provided had already confirmed that the above mentioned amount of £ xy was paid into his account by his Emplyer.
I have now also provided his employer's bank statements confirming the wages transferred for the month of May and June into my sponsor’s bank account.
Under previous evidences I also provided my sponsor’s P60 for the year Apr2013-Apr2014 which clearly proves that he earned a gross income of £ ABC during the year Apr2013-Apr2014 hence confirming that the salary of Feb 2014 was paid into his account by his employer.
In light of above clarification and evidences provided I hereby kindly request to review your decision.

[rfaisy]

I also wonder if I should go for an oral appeal or paper based? Since I'm in UK it might be wise to file and oral hearing as I heard that oral hearing have more chances of winning?

[Obie]

In regards to your previous post, my reference was to rule 23.

£500.00 seems a bit unreasonable. As i said you may be able to do it yourself if you feel confident. However doing properly is key to getting concession from the ECO, getting them to reconsider, or enabling a successful appeal.

I wish you all the best.

Which region of the UK are you based, just out of interest.

[rfaisy]

Hi Obie,
Thank you very much for all your advice throughout this discussion.
I feel confident in filing the appeal my self and going to post all the relevant evidences and the cover letter tomorrow. Fingers crossed.
I am based in Bournemouth (Dorset)!

[rfaisy]

Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.

[Sameena akhtar]

Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.

Yeaah its been overturned congratulations. My husband received the exact same letter, its called a call in letter. After my husband received theis letter we then got a letter informing us that our appealed had been overturned.
His now received his visa.

[fawad iftikhar]

Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.

Hi rfaisy,

I have been a silent follower of your posts. First of all congrats on the letter and hearing back. Mashaallah you are v lucky to hear back within couple of months. Best wishes to you and now hoping your wait to get visa is over

i was rejected on silly financial grounds too and my wife lodged appeal in Jan 2015 from UK and we got the review date till 6 zjune 2015 . Can you tell me what ECM review deadline you received on the notice of pending appeal please?

I am v desperate to know if they are overturning decisions , as what i have heard is that they drag the cases till court hearing. considering ur timeline , a thought came in my mind that i may b the lucky one to hear back in a month or two about review and get my decision overturned.

[bt]

I worked in ltd company @annual salary of 18000 pounds. I worked there from Nov2013 to Dec 2014 as the company has gone into administration on 31 Dec2014.
I got overtime for June Aug Nov & Dec 2014 as 525.56 pounds
I also got Holiday pay & compensation for loss of notice
737.33 pounds
I am working part time in another company since 2007 & earns 1537.12 pounds per yr. I work one day per week 4 hrs.

I went to India in Jan 2015 for marriage

I joined new company on 2nd Feb @ salary of 1563 pounds per month. I worked for one month as it was at far off place.

I joined permanent job in 2nd
March 2015 @ annual salary of
21000 pounds n continuing

The financial requirement is 18600 pounds/ ur for spouse visa
P60 form for tax year to 5 April 2014 shows total income before tax as 19339 from all jobs.

Now the difficulty is how to calculate total income as I am applying spouse visa around 16 march

3.20 of Appendix 2 VAF 4A
Asks What was your sponsor total income before tax from salaried employment in 12 months prior to application
What should I write?

3.22 asks total income before tax from salaried employment received in 12 months prior to application meet or exceed financial requirement if sponsor is not employed by same employer for 6 months prior to application

What shud I write yes or no.

Kindly clarify these two aspects

[rfaisy]

[quote="fawad iftikhar"][quote="rfaisy"]Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.[/quote]

Hi rfaisy,

I have been a silent follower of your posts. First of all congrats on the letter and hearing back. Mashaallah you are v lucky to hear back within couple of months. Best wishes to you and now hoping your wait to get visa is over

i was rejected on silly financial grounds too and my wife lodged appeal in Jan 2015 from UK and we got the review date till 6 zjune 2015 . Can you tell me what ECM review deadline you received on the notice of pending appeal please?

I am v desperate to know if they are overturning decisions , as what i have heard is that they drag the cases till court hearing. considering ur timeline , a thought came in my mind that i may b the lucky one to hear back in a month or two about review and get my decision overturned.[/quote]

Hi Fawad,
Thank you. The dead line I was given was 6th May which was received in a letter on 23rd Jan. Depending on your time line I think you should also receive a letter soon. When did you get the review deadline?

[rfaisy]

[quote="Sameena akhtar"][quote="rfaisy"]Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.[/quote]

Yeaah its been overturned congratulations. My husband received the exact same letter, its called a call in letter. After my husband received theis letter we then got a letter informing us that our appealed had been overturned.
His now received his visa.[/quote]

Hi Sameena,
Thank you, I am really excited to know and praying that she get her visa soon. Would you please tell me how many days it took to get the visa after submitting the passport in Gerry's?

[rfaisy]

[quote="bt"]I worked in ltd company @annual salary of 18000 pounds. I worked there from Nov2013 to Dec 2014 as the company has gone into administration on 31 Dec2014.
I got overtime for June Aug Nov & Dec 2014 as 525.56 pounds
I also got Holiday pay & compensation for loss of notice
737.33 pounds
I am working part time in another company since 2007 & earns 1537.12 pounds per yr. I work one day per week 4 hrs.

I went to India in Jan 2015 for marriage

I joined new company on 2nd Feb @ salary of 1563 pounds per month. I worked for one month as it was at far off place.

I joined permanent job in 2nd
March 2015 @ annual salary of
21000 pounds n continuing

The financial requirement is 18600 pounds/ ur for spouse visa
P60 form for tax year to 5 April 2014 shows total income before tax as 19339 from all jobs.

Now the difficulty is how to calculate total income as I am applying spouse visa around 16 march

3.20 of Appendix 2 VAF 4A
Asks What was your sponsor total income before tax from salaried employment in 12 months prior to application
What should I write?

3.22 asks total income before tax from salaried employment received in 12 months prior to application meet or exceed financial requirement if sponsor is not employed by same employer for 6 months prior to application

What shud I write yes or no.

Kindly clarify these two aspects[/quote]
Hi,
I am really sorry I may not be able to help as your case is bit more complicated and I have only worked a full time employee. I suggest some experienced member may be able to help.

[rfaisy]

[quote="Sameena akhtar"][quote="rfaisy"]Hi Obie,
Once again I need a piece of advice. I successfully lodged my spouse visa refusal appeal on 23 Dec 2014 and on 3rd March 2015 we received a letter from BHC saying that we need to bring my spouse passport and TB test along with my ILR copy for submission in Gerry's. It seems a good news but I am curious as the letter did not say whether our appeal has been approved or not? We assume that the ECM has overturned ECO's refusal and has granted the visa! Do you think this would be the case?
The summary of wording of letter is as below:
With reference to your application for entry clearance please go to your nearest Gerry's international VAC for submission of the passport. Please bring the following document with you.
Passport
Valid TB Test
Sponsor's settlement/immigration status
Once your visa application is concluded we will return your passport to Gerry's who will then notify you when they are ready for collection.[/quote]

Yeaah its been overturned congratulations. My husband received the exact same letter, its called a call in letter. After my husband received theis letter we then got a letter informing us that our appealed had been overturned.
His now received his visa.[/quote]

Another worry!!! I have just received a letter from HM '''Notice of home office decision withdrawal''' can some one please help what does this mean? The letter states that'' the secretary of state has notified the tribunal that the decision to which this appeal relates has been withdrawn'''
Under the rule 17(2) the tribunal must treat your appeal as withdrawn unless there is a good reason not to do so''
If there is a good reason why your appeal should not be treated as withdrawn you must write to the tribunal with in the time limit set out below specifying those reasons which will be considered by the tribunal on the papers before it.
If you consent to your appeal being withdrawn you should also inform the tribunal of your consent''
Please can some one help what does this mean and what should I do. I am surprised as 2 weeks ago British High commission asked us to submit the passport in Gerry's. I am really frustrated. Please can some one urgently help!!
Thanks