Wife Settlement Visa Refused: Appeal or Re-apply

[aa188]

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

[mr khan]

appeal it but get a letter from your company with a letter headed logo etc showing statement of earnings. contact HR and see if they can help you. Its what i did with barclays bank

[aa188]

Thanks Mr Khan,

Do you know how long it takes with the appeal process?

Can other members please share their view/experience. Eagerly waiting for further replies.

[mr khan]

appeal process can take upto 6 weeks i would follow this guide line on justicegov website for more information http://www.justice.gov.uk/tribunals/immigration-asylum

[mr khan]

please follow this as there is a parlimentary enquiry being held about the new immigration laws and how they are effecting people who want to bring there families over. Please can you follow and fill this in
the following as a sticky, and readily agree. Evidence required by the all-party committee :-


Parliamentary inquiry into new family migration rules - Call for evidence
November 21, 2012

The All-Pary Parliamentary Group (APPG) on Migration has yesterday launched an inquiry into the impacts of the new family migration rules. Migrants Rights Network provides the secretariat to the APPG on Migration and urges all concerned groups and individuals to submit evidence to the inquiry.

The rule changes have made it more difficult to bring close family members to the UK from outside the European Economic Area (EEA).

In particular, the inquiry will look at the new requirement that people wishing to sponsor spouses and partners from outside the (EEA) show minimum earnings of £18,600 per year. The government estimates that thousands of families where one person is a British citizen or settled here will be prevented from being reunited in the UK every year as a result.

The committee members include Paul Uppal MP (Con), Baroness Hamwee (LD), Sarah Teather MP (LD), Lord Hussain (LD), Jack Dromey MP (Lab) and is chaired by Kate Green MP (Lab).

http://www.migrantsrights.org.uk/news/2 ... l-evidence

http://www.appgmigration.org.uk/family-inquiry

[Omaricious]

I still dont get on which ground they refused the application!! If ur salary on payslips exceed 18,6k and ur monthly salary paid into ur account is more than £1,550!! [/quote]

[riversidecreations]

If you are able to provide evidence relating to your travel expenses, I would advise you to collect this evidence and forward it to the Entry Clearance Manager immediately. They will reply to you within 20 working days.

I would also advise you to submit an appeal with the evidence as soon as possible. If you have the money to reapply - that would be a better option as the appeal process will take up to or more than 6 months.

[aa188]

Thanks all for the advise.

Riverside- I do have the travel expenses receipts. Can I forward these direct to BHC in chennai or does it need to go through VFS?

Also are you in a similar situation where you have lodge an appeal?

[FAlinda]

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]

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]

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?

[mrsenn]

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]

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.

[aa188]

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]

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.

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.

[mrsenn]

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]

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.

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.

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.

[aa188]

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.

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.

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.

Hi Mrsenn. Thanks a lot.

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!!!

[mrsenn]

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.

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.

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.

Hi Mrsenn. Thanks a lot.

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!!!

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]

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.

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.

Hi Mrsenn. Thanks a lot.

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!!!

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?

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.pdf

[mrsenn]

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.

Hi Mrsenn. Thanks a lot.

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!!!

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?

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.pdf

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]

Good question. I believe they base it on validity of the cert at the time of application submission.

[riversidecreations]

There is still no harm in writing to the ECM - if the case workers, decide not to forward your evidence to the ECM, they will let you know immediately - otherwise, the ECM will respond within 20 working days.

The ECM would not need your Travel expense receipts - but you must have a letter from your Employer or HR office explaining why the amount on your payslips are different to what is deposited into your bank.

As long as this is the only reason for refusal, the ECM should reconsider withdrawing the decision - however. Please bear in mind that the original requirement was that the payslips and bank statements must correspond, in your case, they don't and therefore the refusal was correct (that's what they are likely to say).

[riversidecreations]

The TB certificate has no effect on the appeal - but if the appeal takes over 6 months, or the certificate expires before the decision is overturned, your wife will have to do the test again or renew the certificate before arriving in UK.

[aa188]

Thanks Sujan.

I was looking at the latest rules for making a fresh settlement application and cant understand the below,

You cannot apply in a partner category if you:

1. are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system;
and
2. you do not qualify for settlement yet.

Instead, you must apply as a dependant under the relevant category of points-based system.


http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

I am currently on ILR and got this through HSMP (Tier-1). So as per condition-1 above does it mean we can no longer apply my wifes visa under settlement category and need to apply as a dependent in Tier-1?

Can any one please advise? Also dont understand what is meant by conditon-2 above?

[Omaricious]

You should always send your appeal to the First-Tier Tribunal Immigration and Asylum Chamber, or the visa section where your application was refused.

Does that mean we can send an appeal to the British embassy where we applied??

[mrsenn]

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

[aa188]

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

Thanks for the confirmation Mrsenn and best of luck with both your applications.

[desmortess]

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

Hi aa

Am very sorry about your spouse visa application. I am going to file an application soon. Just want to confirm few things. My spouse is British national and am an Indian. When I completed online visa application, in the final page it says required documents mentioning "to bring my 3 months latest savings account" "3 months employment letter" - The problem is I dont have any savings nor employment. So can you please help me what did you do in this situation?