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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Incorrect. They take lowest earning only in case of salaried employment . For Cat A non salaried its adding up last 6 month , dividing by 6 and multiplying with 12 to calculate gross annual salary which she did correctlyCR001 wrote: Your partners seem to spike for only one month and was below the required monthly figure required of £1550. HO will always take the payslip with the lowest figure to do the calculation.
I will recommend complain about this unprofessional behaviour of ECO and give refrence to this documentAndrea92x wrote:Hi
My flr spouse visa was refused
"Whilst you have provided all specified evidenced listed in appendix fm-she for your partners salaried employment with . Your partners lowest level of salary held in 6 months was 1250. Which equates 15000"
He is non salaried. He had bonuses and everything. We met it! Also I never got back my passport. Please help me through this I am so upset and can't imagine being split up from my husband.
thanks for your help,
His payslips were
1,275+1,390.38+1,365.38+1,492.31+2,415.38+1,476.92 =9,415.37
Which I then devided by 6 multiply by 12 and got 18830.74
Am I missing something??
I'm so upset
This is an FLR(M) application, not an entry clearance (ECO) application. Bear in mind that bonuses and overtime are also not 'guaranteed' income. It also depends what the contract of employment says vs the letter from employer.ILR1980 wrote:Its clearly error from ECO if he/she wrote non salaried in introductory letter . Dont know what his employer wrote in employer letter but if he also wrote non salaried which is apparent if we look at variable income each month then it simply prove the ignorance of ECO about different calculation formula used for non salaried and bonuses/overtime
It does not matter because rule about financial requirements are same for initial application or FLR(M) andCR001 wrote:This is an FLR(M) application, not an entry clearance (ECO) application. Bear in mind that bonuses and overtime are also not 'guaranteed' income. It also depends what the contract of employment says vs the letter from employer.ILR1980 wrote:Its clearly error from ECO if he/she wrote non salaried in introductory letter . Dont know what his employer wrote in employer letter but if he also wrote non salaried which is apparent if we look at variable income each month then it simply prove the ignorance of ECO about different calculation formula used for non salaried and bonuses/overtime
CR001 wrote:Appeals can take many months and often over a year to get a date for a hearing.
You should appeal and have more chances of winning it but i will say also file a complaint because its incompetency of ECO and they might overturned the decision ..Andrea92x wrote:Also, I just like to state that when we applied for the fiancé visa last December we obviously got approved. He worked at the same exact job, same sort of non salaried contract. I just am baffled at this.
All in writing. Generate a papertrail.Andrea92x wrote:Thank you for all your help and advice, I'm definitely going to complain to the home office as well.
Do you recommend calling or emailing? I want to get this sorted, it's so stressful.
You seem to be ignoring my repeated posts about appeals taking many months or often longer.Andrea92x wrote:Okay- thanks. I appreciate your help.
Does anyone know anything about appeals? After I payed for it I received conformation of the receipt. But I haven't received anything else since then.
There is no SLA for appeals. Be prepared for a loooonnnnnnggggg wait.CR001 wrote:Appeals can take many months and often over a year to get a date for a hearing.
I've read your thread on another site. As you are in the UK on a (now expired) fiance visa, your terms remain the same while you wait- no working, not even remotely and no free access to the NHS.Andrea92x wrote:I know, but I don't want to go back to America without my husband nor do I want to pay another huge amount for an application, for someone's mistake. It isn't fair.
Please ignore that advise. It is wrong and misleading. If a person entered on Fiance visa, they are permitted to use NHS. If they apply for settlement before their visa expires, then section 3C will be engaged.Petaltop wrote:, not even remotely and no free access to the NHS.
IHS is not payable for a fiance visa.michali wrote:That is interesting, Obie. Do you mean 'expires' rather than 'arrives'? Also, is it because the applicant has paid for IHS and is awaiting settlement visa that entitles them to use NHS?