URGENT advise required - Rejected spouse visa

[Relly]

Good Morning, guys...

So, I have been refused for the sake of being refused it seems. I had a very strong case and submitted solid proofs for everything.Before we start, I work two jobs at the moment and a long number of hours, I have so much stress that everything is difficult to keep track of as I have no support.

The home office abruptly rang me during a very very busy working day, and this was mentioned to them a numerous amount of times. They went on to interrogate me for 45/50 minutes and I was at risk of getting into trouble with my manager and I would be if he wasnt so understanding. They asked numerous questions. They questioned me about my second job and asked me questions like the name of the building, if the interview was formal or informal, how i got the job, what days I get paid, my hourly rate, etc etc.

They rang my second employer 3 days later. He is an immigrant and his grasp of the English language isnt the strongest. He is very nervous by nature, and you can imagine what it was like for him when the home office also rang him out of the blue. They also talked to him for about 40 minutes he mentions.

So, in the refusal letter this is what they've written with my comments in red:
'This office sought to verify your sponsors employment. As part of your application your sponsor and your sponsors employer where interviewed. During interviewyour sponsors employer was unsure of the address (unsure? did he stutter once or twice?), the turnover for last year (why on earth did you ask this and how would he know this figure by heart?). Your employers sponsor was also unclear as to when your sponsor commenced work or what experience/qualifications your sponsor had(unclear? again, did he stutter? what do you mean by unclear? and I mentioned to them it was an informal interview and this is something that wasnt needed as part of the job i have never discussed this with him). Your sponsors employer and sponsor gave differing accounts of what hourly rate was paid (off by 5p due to focus being on work) and when your sponsor recieves his salary (I said the date varies from 31st, 30th and 29th. He said its the 29th as mentioned during verbal contract. We were both factual and corrrect). As a result I am unable to rely on this document as evidence of you and your sponsors ability to meet the financial requirements of the immigration rules. I therefore refuse your application under paragraph EC-P.1(d) Appendix FM of the immigration rules - (E-ECP.3.1)



I am planning on submitting the case again, and getting letters from MP, councillors etc to verify and streghten information even more. Also a letter from my employer that states his english isnt the strongest etc.


Any advise?

[Obie]

The will refuse again.

In my experience, when there is allegation of fraud, it is never sensible to reapply or give up an appeal right, as they will use it in future against you.

[Relly]

The will refuse again.

In my experience, when there is allegation of fraud, it is never sensible to reapply or give up an appeal right, as they will use it in future against you.

Do you think the HO was fair or do you think they nitpicked it a little much? This is all my fault for working a second job I should have just found one job but its impossible.
Also, stupid question, but is it possible to apply and appeal at the same time?

[Obie]

Yes it is perfectly possible.

But in my experience, if you fail to challenge the refusal, they will use it against future application, in saying you used fake employment previously, and they therefore cannot trust any documents you provide.

[Relly]

Yes it is perfectly possible.

But in my experience, if you fail to challenge the refusal, they will use it against future application, in saying you used bad quality employment previously, and they therefore cannot trust any documents you provide.

Okay I will appeal as well as submit a new application with advise from a solicitor.

[Relly]

thank you. and do you think my points in red to challenge theirs are fair enough?

[Obie]

There is a case for sure. Hopefully you will be able to rebut the allegation.