- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Thanks Linda. But even if they took only the amount shown on the payslips (which is less than the bank credits) I still comfortably meet the £18.6k requirement. They could have simply queried either myself or my employer regarding this discrepancy. It is very frustrating!!!FAlinda wrote:aa188
Please see the text bellow. I might help you find the reason of the refusal.
18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
Here is the link to UKBA: [http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]
By the way I am in a interesting situation myself.
Wishing you luck[/url]
aa188 wrote:Thanks Linda. But even if they took only the amount shown on the payslips (which is less than the bank credits) I still comfortably meet the £18.6k requirement. They could have simply queried either myself or my employer regarding this discrepancy. It is very frustrating!!!FAlinda wrote:aa188
Please see the text bellow. I might help you find the reason of the refusal.
18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
Here is the link to UKBA: [http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]
By the way I am in a interesting situation myself.
Wishing you luck[/url]
Has anyone come across a similar decision due to payslip and bank statements not matching?
Thanks mrsenn. I hope your appeal is accepted soon and you need not make a fresh application.mrsenn wrote:aa188 wrote:Thanks Linda. But even if they took only the amount shown on the payslips (which is less than the bank credits) I still comfortably meet the £18.6k requirement. They could have simply queried either myself or my employer regarding this discrepancy. It is very frustrating!!!FAlinda wrote:aa188
Please see the text bellow. I might help you find the reason of the refusal.
18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
Here is the link to UKBA: [http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]
By the way I am in a interesting situation myself.
Wishing you luck[/url]
Has anyone come across a similar decision due to payslip and bank statements not matching?
It looks like Chennai BHC is becoming famous for rejecting applications on such miniscule things. I have the same problem, you can review my query here - http://www.immigrationboards.com/viewto ... 776#749776
I have filed an appeal but it is going to be too late, and I am now considering to make a fresh application.
Hi. I requested for a oral hearing (this is advisable). I didnt use a solicitor for this appeal but I will use them when it goes to hearing.aa188 wrote:Thanks mrsenn. I hope your appeal is accepted soon and you need not make a fresh application.mrsenn wrote:aa188 wrote:Thanks Linda. But even if they took only the amount shown on the payslips (which is less than the bank credits) I still comfortably meet the £18.6k requirement. They could have simply queried either myself or my employer regarding this discrepancy. It is very frustrating!!!FAlinda wrote:aa188
Please see the text bellow. I might help you find the reason of the refusal.
18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
Here is the link to UKBA: [http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary]
By the way I am in a interesting situation myself.
Wishing you luck[/url]
Has anyone come across a similar decision due to payslip and bank statements not matching?
It looks like Chennai BHC is becoming famous for rejecting applications on such miniscule things. I have the same problem, you can review my query here - http://www.immigrationboards.com/viewto ... 776#749776
I have filed an appeal but it is going to be too late, and I am now considering to make a fresh application.
For the appeal did you ask for a paper or oral hearing. Also did you use a solicitor or do it yourself and are representing your family here?
Personally am thinking that instead of hiring a solicitor I can do the appeal my self and also make a fresh application and better the prospects of getting visa and possibly get it earlier.
Has any one experienced a fresh application granted with a pending appeal or vice-versa? Please help.
Hi Mrsenn. Thanks a lot.mrsenn wrote:Hi. I requested for a oral hearing (this is advisable). I didnt use a solicitor for this appeal but I will use them when it goes to hearing.aa188 wrote:Thanks mrsenn. I hope your appeal is accepted soon and you need not make a fresh application.mrsenn wrote:aa188 wrote:
Thanks Linda. But even if they took only the amount shown on the payslips (which is less than the bank credits) I still comfortably meet the £18.6k requirement. They could have simply queried either myself or my employer regarding this discrepancy. It is very frustrating!!!
Has anyone come across a similar decision due to payslip and bank statements not matching?
It looks like Chennai BHC is becoming famous for rejecting applications on such miniscule things. I have the same problem, you can review my query here - http://www.immigrationboards.com/viewto ... 776#749776
I have filed an appeal but it is going to be too late, and I am now considering to make a fresh application.
For the appeal did you ask for a paper or oral hearing. Also did you use a solicitor or do it yourself and are representing your family here?
Personally am thinking that instead of hiring a solicitor I can do the appeal my self and also make a fresh application and better the prospects of getting visa and possibly get it earlier.
Has any one experienced a fresh application granted with a pending appeal or vice-versa? Please help.
Using a solicitor is a personal preference for fresh applications.
Although the policy and law states that we can make a fresh application while an appeal is pending, I spoke to a immigration solicitor yesterday and she said that her company was advised against this by an Entry Clearance Manager in the past. i.e., she wants me to withdraw the appeal before making a fresh application. Solicitor is going to double check this again to be absolutely sure.
Sure. I will let you know. Can I ask if you already obtained the TB certificate when you submitted your previous application? if so how long was it valid for?aa188 wrote:Hi Mrsenn. Thanks a lot.mrsenn wrote:Hi. I requested for a oral hearing (this is advisable). I didnt use a solicitor for this appeal but I will use them when it goes to hearing.aa188 wrote:Thanks mrsenn. I hope your appeal is accepted soon and you need not make a fresh application.mrsenn wrote:
It looks like Chennai BHC is becoming famous for rejecting applications on such miniscule things. I have the same problem, you can review my query here - http://www.immigrationboards.com/viewto ... 776#749776
I have filed an appeal but it is going to be too late, and I am now considering to make a fresh application.
For the appeal did you ask for a paper or oral hearing. Also did you use a solicitor or do it yourself and are representing your family here?
Personally am thinking that instead of hiring a solicitor I can do the appeal my self and also make a fresh application and better the prospects of getting visa and possibly get it earlier.
Has any one experienced a fresh application granted with a pending appeal or vice-versa? Please help.
Using a solicitor is a personal preference for fresh applications.
Although the policy and law states that we can make a fresh application while an appeal is pending, I spoke to a immigration solicitor yesterday and she said that her company was advised against this by an Entry Clearance Manager in the past. i.e., she wants me to withdraw the appeal before making a fresh application. Solicitor is going to double check this again to be absolutely sure.
Please let me know what the Solicitor confirms. It has been over three days since the refusal notice and we would like to start the visa process either fresh, appeal or both. And then we can just wait and hope for the best!!!
Yes we did submit it. Got tested from ukba nominated test center and it took 3 days to get the clearance report. It is usually valid for six months or three months. Please refer to question no. 12 of the FAQ sheet: http://www.ukba.homeoffice.gov.uk/sitec ... een-qa.pdfmrsenn wrote:Sure. I will let you know. Can I ask if you already obtained the TB certificate when you submitted your previous application? if so how long was it valid for?aa188 wrote:Hi Mrsenn. Thanks a lot.mrsenn wrote:Hi. I requested for a oral hearing (this is advisable). I didnt use a solicitor for this appeal but I will use them when it goes to hearing.aa188 wrote:
Thanks mrsenn. I hope your appeal is accepted soon and you need not make a fresh application.
For the appeal did you ask for a paper or oral hearing. Also did you use a solicitor or do it yourself and are representing your family here?
Personally am thinking that instead of hiring a solicitor I can do the appeal my self and also make a fresh application and better the prospects of getting visa and possibly get it earlier.
Has any one experienced a fresh application granted with a pending appeal or vice-versa? Please help.
Using a solicitor is a personal preference for fresh applications.
Although the policy and law states that we can make a fresh application while an appeal is pending, I spoke to a immigration solicitor yesterday and she said that her company was advised against this by an Entry Clearance Manager in the past. i.e., she wants me to withdraw the appeal before making a fresh application. Solicitor is going to double check this again to be absolutely sure.
Please let me know what the Solicitor confirms. It has been over three days since the refusal notice and we would like to start the visa process either fresh, appeal or both. And then we can just wait and hope for the best!!!
Great thanks.. Based on the timescale put forward by Chennai BHC some applications might take as long as 120 days. If the Certificate is valid only for 3 months -90 days in some cases, how does this affect the approval process?aa188 wrote:Yes we did submit it. Got tested from ukba nominated test center and it took 3 days to get the clearance report. It is usually valid for six months or three months. Please refer to question no. 12 of the FAQ sheet: http://www.ukba.homeoffice.gov.uk/sitec ... een-qa.pdfmrsenn wrote:Sure. I will let you know. Can I ask if you already obtained the TB certificate when you submitted your previous application? if so how long was it valid for?aa188 wrote:Hi Mrsenn. Thanks a lot.mrsenn wrote:
Hi. I requested for a oral hearing (this is advisable). I didnt use a solicitor for this appeal but I will use them when it goes to hearing.
Using a solicitor is a personal preference for fresh applications.
Although the policy and law states that we can make a fresh application while an appeal is pending, I spoke to a immigration solicitor yesterday and she said that her company was advised against this by an Entry Clearance Manager in the past. i.e., she wants me to withdraw the appeal before making a fresh application. Solicitor is going to double check this again to be absolutely sure.
Please let me know what the Solicitor confirms. It has been over three days since the refusal notice and we would like to start the visa process either fresh, appeal or both. And then we can just wait and hope for the best!!!
Thanks for the confirmation Mrsenn and best of luck with both your applications.mrsenn wrote:Hi
I finally got a confirmation from my solicitor. It was actually an ECM in India that previously refused to allow a fresh application whilst an appeal was pending.
So now my solicitor spoke to the International Group Policy team who confirmed that a fresh application can be lodged whilst an appeal is pending. We are including this email confirmation along with my application. Can't trust Chennai ECM on this issue.
Cheers
Hi aaaa188 wrote:Hello all,
We had applied for my wifes settlement visa in September 12. Unfortunately yesterday we received refusal from BHC in Chennai stating that I (sponsor) do not meet the financial requirements.
I appreciate it is a lengthy post but please read through and share your advice/experience. It very frustrating that visa could be refused on such a point.
I have re-produced the wording of the refusal notice below.
Financial Requirements
ECO Reasons for Refusal
Your sponsor is not exempt from the financial requirements as defined in paragraph E-ECP 3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. It is indicated that you are relying on income from salaried employment. In order to meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum. The Immigration Rules found at http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/ stipulate that the following documents should be produced in order to this requirement:
- The P60 for the relevant period or periods of employment relied upon. This has been provided.
- Wage slips covering a period of 6 months prior to the date of application if the applicant has been employed by their current employed for at least 6 months. These have been provided.
- A letter from the employer(s) who issued the wage slips at paragraph 2(c) confirming the person's
(i) employment and gross salary
(ii) the length of their employment
(iii) the period over which they have been or were paid the level of salary relied upon in the application and
(iv) the type of employment (permanent, fixed-term contract or agency)
This has been provided
- A signed contract of employment for employment currently held. This has been provided.
- Monthly personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(c) showing the salary has been paid into an account in the name of the person or in the name of the person and their partner. A bank statement has been provided showing the income deposits. However the deposits from your employers do not match the total shown on the payslips.
You have not therefore shown the required amount of maintenance in the correct format.
I therefore refuse your application under paragraph EC-P1.1(d) of Appendix FM of the immigration Rules (E-ECP3.1)
I have therefore refused your application because i am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant paragraph of the United Kingdom Immigration Rules.
My salary in UK is well above the £18,600 per annum and this has been demonstrated with all the above supporting documents which the ECO himself states has been provided. However the only thing is that the payslips do not match the bank deposits. Reason being that I have to travel for official work and each month have to claim expenses back. The company only states net salary in the payslip does not state expenses. The expenses are added to the net pay and deposited in the account. So bank deposits are slightly (£100 or £200) more than in the payslips. Please note that even if only the payslips amounts are considered even then I easily meet the target of £18,600.
I will be grateful if members of the forum could please answer or share their experiences on the below,
1. Is it better to appeal against the decision or simply re-apply? Does an appeal take significantly longer than a fresh application which takes 12 weeks?
2. If we decide to appeal I can get a letter from my employer confirming the reason for deposits being more than payslip and also provide all receipts based on which I had made claims in relevant months demonstrating that the figure of payslips+claims matches the deposits. Will this be a strong enough appeal? or would the ECO still argue that it was not shown in the correct format.
Thanks