Fiasco? in Bangladesh .. wifes application refused

[kuddin22]

Hello again Immigration Boards

I once again find myself looking to this board for some help or gentle push in the right direction.

This time it concerns my brother in laws wife's application to join her husband in the UK. She received a decision yesterday informing her that she has not been able to demonstrate proficiency in the English language at level A1 despite having submitted appropriate certificates from recognised college. The reason HO state is they had subsequently discovered 'irregularities' in testing from the institution in question which have now been addressed. They go on to say that the applicant has been offered free re-testing at the same college.

Additionally, they refused also stating that 'your sponsor is not exempt from the financial requirements as defined paragraph E-ECP 3.3' They go on to say that evidence of 6 months payslips and a letter from employer need to be provided.

This is confusing to say the least as both these evidences were provided. The sponsor provided 28 weeks of payslips from same employer, the first 26 of which were for a gross weekly pay of £357.69 and the last two of £367.69. His letter from employer stated he is currently on £367.69 per week gross. Even the ECO letter states that he is showing £367.69 per week gross. This clearly works out greater than the required £18600 per annum.

They have provided us with form IAFT-2 if we wish to appeal within 28 days.

Should the applicant resit the tests and if so should we appeal straight away and then provide the certificates when she obtains them? Im not sure of the procedure. With reference to the sponsors salary, are we missing something glaringly obvious or has there been other instances where ECO have made such seemingly bizarre decisions?

Any help or suggestions would be greatly appreciated on the above or anything else that we may have missed..

Thanks in advance

Kabir

[kuddin22]

My apologies. It appears some information had been left out.

I now know that the ECO rejected sponsors evidence because he states he is required to consider lowest income for said period (is this true?). As such he has multiplied 357.69 by 52 weeks and derived a total of 18599.88. 12p shy! He is a waiter and as such receives tips too, much of which he has deposited regularly into his bank account to help demonstrate the fact that he receives it.

The sponsor has been earning the new wage of 376.69 since 20 January 2013. Would it be possible to submit these new payslips to date on appeal together with p60 or can we argue he received tips in addition to his previous wage?

We would be grateful for any assistance on the above matter together with the applicants position on her language criteria

Thanks again

[Ayyubi72]

Tips could have been counted if tips were transferred to him within his wage slips.

[abidabzhussain]

Tips could have been counted if tips were transferred to him within his wage slips.

Tip is a tip ....

it cannot come in wages as you don't earn it and you def don't pay tax on a tip.

[Casa]

Some hotels/restaurants pay gratuities (tips) through the PAYE pay slips. Customers will often include a tip when paying by credit or debit card and these are then shared monthly or quarterly and could be shown as income.

[kuddin22]

Thanks for your response. I'm not sure whether adding tips would help sponsor right now. In any case the eco has calculated using lower wage of £357 disregarding the last two amounts of £367 which would have taken over threshold.

Any suggestions as to what course of action would be best at the present time would be appreciated.

[SoHopeful]

I read on this forum that unsalaried (weekly in your case) income is worked out averaging out the income over 12 months, not using the lowest wage. And even if they were to do it by the lowest wage, I thought that would be monthly not weekly.

This is all getting very confusing for unsalaried.

Personally, I think you should appeal based on how they worked it out.

This is an eg I was given that is found in Home Office Guidance:


The applicants partner is in non-salaried employment in the UK. He works on a weekly rota basis and does not receive any paid holidays. He has earned £450each weekin the same jobfor the last 7 calendar months, except for the weekprior to the date of application when he earned £150owingto a holiday.


Non-salariedincome= (grossearningsfrom employment held throughout the 6month period,divided by 6) x 12

= ((25 weeks x 450 + 1 week x 150)÷6) x 12

= (11,400÷ 6) x12 = £22,800

So the financial requirement is met through Category A non-salaried employment

[thunderb0lt]

kuddin22

Can you please confirm the timeline for this application (when application was made, when decision made....)

Also, can you confirm the name and location of the college.


Many thanks