Settlement visa refused

[Ismail121]

Hi everyone
Thank you in advance looking at it. URGENT REPLY PLEASEEE!
I have an ILR and applied for settlement visa for my family in June 2015 and refused in october 2015.
1:wife
2: 6months old son
3: 4 years old daughter

I am working at two places. One is my main Job and the other one is a part time permanent Job. The following are the reasons for the refusal

1: The final payslips of 2014/2015, dated 05/04/2015, gives a year-date taxable pay figure of £1080.However, the HMRC checks showed that a total declared pay from this employment (2nd job part time) is £540 my employer has declared it £1080(I contacted the accountant he sent out a letter with all evidences of payments and request HMRC to update their system as the HMRC record does not match his one). Spoke to HMRC they said that they will get back to me before 22nd of December or may be quicker. But I have only a couple of weeks left to lodge an appeal.

2: English test which my wife passed in 2014 and it is still valid. Home office claimed that is is not available on their online system. (I requested the for certifying statements, which I should receive next week inshallah.

3: My second job salary was cash in hand and on monthly bases. I was putting cash in every month in to my account but with no reference as my bank do not give any reference for cash. (I took a letter from them to confirm that and I had sent that off to the home office when i was submitting the paper work) But yet the ECO considered this as one of the reason for the refusal as nothing appears on my bank statement that the money is coming in to my account from the second job. (this was explained prior to submitting the applications)

4: In addition, I was supposed to put £216 (for my 2nd job) in to my account but instead I was putting £220 instead, as this was easier for me and my solicitor had made this cleared prior to submitting the applications. But this became another reason for my refusal.

5: when I went to submit the applications in Pakistan, I went for a bit longer, So I took unpaid holidays from my 2nd job and my salary ceased for my 2nd Job after the submission of the applications. The ECO claimed that the job was not genuine it was just to meet the financial requirements. But I had re-stated as soon as I came back that was way before the ECO made his decision. I had enough money so I went to visit my family as I had only 2 months old baby. SO i wanted to spend some time.

6: The gross amount of any cash income may be counted where the person's specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). otherwise only the net amount shown.
Therefore, only the amounts deposited into your sponsor's bank account over the relevant 6-month period can be considered towards his total income-not the gross figures stated on his payslips. If this is considered, regarding the 2nd Job and the net pay figures shown on he payslips for the main Job, your sponsor's income over the 6- months period is below the required income threshold level. (THIS IS WHAT I DO NOT UNDERSTAND, WHAT DO THEY MEAN)
My total salay, gross income annually: £25,240

Could you please help me as I am going to lodge SN appeal myself in the next almost 2 weeks. In other words is it wise to lodge an appeal or is it going to be just waste of time and money. Furthermore, I am not ready yet for fresh application.

I want to write a good letter. therefore, your support will be very much appreciated.

Thank you very much.

Ismail

[Obie]

Well that does not seem consistent with the law.

Perhaps an appeal will be better. With the new system, you get a reply within 28 days, and if your case is well presented, they usually concede before 28 days.

The bit on the income that goes into account and not payslip amount , is not lawful.

[Wanderer]

Did you pay tax on the 'cash in hand' earning?

[Ismail121]

Many thanks for the reply

Yes I did pay tax on the cash in hand money and the accountant gave me a copy of check he had sent to pay the tax. We sent all the details to HMRC to update their system.

[Ismail121]

Well that does not seem consistent with the law.

Perhaps an appeal will be better. With the new system, you get a reply within 28 days, and if your case is well presented, they usually concede before 28 days.

The bit on the income that goes into account and not payslip amount , is not lawful.

But it was explained by the solicitor.

[Ismail121]

Well that does not seem consistent with the law.

Perhaps an appeal will be better. With the new system, you get a reply within 28 days, and if your case is well presented, they usually concede before 28 days.

The bit on the income that goes into account and not payslip amount , is not lawful.

But it was explained by the solicitor.

Furthermore, it was cash to n hand

[Obie]

Well that does not seem consistent with the law.

Perhaps an appeal will be better. With the new system, you get a reply within 28 days, and if your case is well presented, they usually concede before 28 days.

The bit on the income that goes into account and not payslip amount , is not lawful.

But it was explained by the solicitor.

Furthermore, it was cash to n hand

And you actually saw the solicitors representation, or the solicitor said so.

[Ismail121]

Hi everyone m


Could someone else suggest something plz!

[Casa]

The 'ball is back in your court'. Obie asked you a question which you haven't yet answered.

[Ismail121]

Ohh sorry

Yes obie the solicitor had written down in the representative letter. I still got that letter.

What about me being absent from my second job for few weeks. This happened after I went to submit paper work and it was unpaid holidays.

[Ismail121]

Sorry guys
I am new in to the forum do excuse my ignorance as I am learning now how quote or post the reply.

[Wanderer]

Many thanks for the reply

Yes I did pay tax on the cash in hand money and the accountant gave me a copy of check he had sent to pay the tax. We sent all the details to HMRC to update their system.

You do know that 'cash in hand' means paying for services etc with no tax being paid. If you used this term in the application it way well have set alarm bells off.....

[Ismail121]

Many thanks for the reply

Yes I did pay tax on the cash in hand money and the accountant gave me a copy of check he had sent to pay the tax. We sent all the details to HMRC to update their system.

You do know that 'cash in hand' means paying for services etc with no tax being paid. If you used this term in the application it way well have set alarm bells off.....

I was employed so the employer had to pay tax and this was my second job

[Obie]

It is clearly not consistent with the law. If you take time of work, that is none of their business, provided at the time of application, you are able to demonstrate threshold earning in the preceding 6 months.

An appeal may work.

[Ismail121]

Thank you very much obie

What about HMRC's record as it does not match the employer record. The employer has the evidence of sending all the necessary documents and a copy of check that the tax was paid on the X amount of money

[Ismail121]

Furthermore, it was unpaid holidays. Would that not effect my annual income thershold.

[Ismail121]

Everyone is very quite!

[Ismail121]

I spoke with few solicitor, they are suggesting that I should put a fresh application. But they do sound like they just after money.
HMRC's record as it does not match the employer record. The employer has the evidence of sending all the necessary documents and a copy of check that the tax was paid on the X amount of money.

The money we claim that has been declared is £1080 ,however the home claimed it is £540. The HMRC also have £540 on their system.
Spoke to them last week and HMRC said that this is not a big issue they will update their system.

[Obie]

Well you have my views on this.

There are lots of flawed issues that were raised in the refusal, which can only be resolved on appeal .

The decision maker essentially threw the law in the bin. Essentially accusing you of circumventing the financial requirement.

Can't see them granting on re -application

[Ismail121]

Well you have my views on this.

There are lots of flawed issues that were raised in the refusal, which can only be resolved on appeal .

The decision maker essentially threw the law in the bin. Essentially accusing you of circumventing the financial requirement.

Can't see them granting on re -application

Thankkkkk you very much for your reply obie.
I have decided to write a letter(lodge an appeal myself as the solicitor do not seem to be very helpful) my self. Could just help me with it pleaseeeee. You know, just to say according the law so and so article this and that it is wrong to say XYZ. Just sample to get me started as I have only 3 days left plzzzz. I will be very very thankful to u as I have been going through this rubbish since 2013.

You help will be very much appreciated

Thanks

[Obie]

well it is the sort of thing that you can write in one line.

You have to look at Appendix FM-SE, which sets out the supporting documents. The said the net pay is what they will take account of, but that IS wrong, address the order evidence which corroborates your case.

[Ismail121]

Well you have my views on this.

There are lots of flawed issues that were raised in the refusal, which can only be resolved on appeal .

The decision maker essentially threw the law in the bin. Essentially accusing you of circumventing the financial requirement.

Can't see them granting on re -application

Thankkkkk you very much for your reply obie.
I have decided to write a letter(lodge an appeal myself as the solicitor do not seem to be very helpful) my self. Could just help me with it pleaseeeee. You know, just to say according the law so and so article this and that it is wrong to say XYZ. Just sample to get me started as I have only 3 days left plzzzz. I will be very very thankful to u as I have been going through this rubbish since 2013.

You help will be very much appreciated

Thanks

Apology for the typos