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Pakistan UK Spouse visa appeals

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Marriage | Unmarried Partners | Fiancé | Ancestry

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MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Sun May 08, 2016 7:34 am

waseemiqbal wrote:Any 1 any update?
As my deadline is 11 may n didn't received any update yet
Called court but said they didn't have any update
N I email them but after 14 April they are not replying
Any idea?
Members are unfortunately having to wait way past their review deadlines to receive any updates, it really is a sad state of affairs.

waseemiqbal
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by waseemiqbal » Sun May 08, 2016 5:28 pm

@zeksy1 any update?
Didn't see u on forum for so long
.

zeksy1
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by zeksy1 » Sun May 08, 2016 6:17 pm

@waseemiqbal
M still waitin fr the response but Will call home office tomorow then ill update u..

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by waseemiqbal » Mon May 09, 2016 7:50 am

zeksy1 wrote:@waseemiqbal
M still waitin fr the response but Will call home office tomorow then ill update u..
Ya plz I,ll b w8ing
N plz let me know home office number
So I can call also
.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by waseemiqbal » Mon May 09, 2016 7:53 am

TahirBFD wrote:FINALLY THEY HAVE REPLIED!!!
The decision to refuse this visa application has been upheld after review by an Entry Clearance Manager and the appeal bundle of documents was despatched to the Immigration and Asylum First-tier Tribunal on 25/04/2016.

CANNOT BELIEVE they havent overturned their decision. Took them 6 months to reply... HEART BROKEN
Can u plz share the email address
.

Asad1232009
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 4:43 pm

Hi All i appealed for my wife spouse visa which was refused on 12 04 2016 i submitted the appeal by post which was received on 26 04 2016 by recorded delivery but they have not given me any notification. my wife recieved her refusal letter in which it states
eco reasons for refusal.
. your sponsor is not exempt from the financial requirements as defined paragraph ecp.3.3. i am not able to take in account any potential employment you have available to you on the uk or any offers of financial support from third parties. in order to meet the financial requirements of the rules your sponser needs a gross income if at least 18600 per annum. in your appendix 2 form yoy state that you are relying on the earnings from your sponsees income with ... to meet the income threshold. you state that this is 18 757.56. you have provided the last 6 months pay slips for this employment and theese show a gross payment of 8921.1. this equates to an annual salary of 17 842.22. on order to qualify you and your sponser require 17894.45 in savings in order to meet the financial requirements. you jave not provided any evidence of any such savings held by you or your sponser continously for the past 6 months. i therefoee refuse your application under paragraph ec-p.1.1 (d) of appendix fm of the immigration rules. (e.ecp.3.1)

. your sponser is not exempt from the financial requirements as defined paragraph ECP.3.3. You have not provided an employment letter from.... containing the specfic information dated within 28 of the application date as evidence of your sponsers gross income from thier employment. i therefore refuse your application under paragrapgh Ec-p1.1 (d) of appendix fm of the immigration rules. (E-ECP.3.1)

. I have considerd the provision of evidential flexibility as set out out in paragrapgh d of appendix FM -SE. i have not deemed it appropriated to exercise evidential flexibility in this case as ut falls for refusal.

the thing is i sent 7 payslips which = gross £10111 four weekly earnings.
i do not think they took my 7 payslips only the last 6 payslips. i included employment letter which was not dated but everything else was fine what can i do have i got grounds to appeal on . i was advised to submit 7 payslips as i am paid 13 times a year and not 12

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by stillwaiting123 » Mon May 09, 2016 4:51 pm

Asad1232009 wrote:Hi All i appealed for my wife spouse visa which was refused on 12 04 2016 i submitted the appeal by post which was received on 26 04 2016 by recorded delivery but they have not given me any notification. my wife recieved her refusal letter in which it states
eco reasons for refusal.
. your sponsor is not exempt from the financial requirements as defined paragraph ecp.3.3. i am not able to take in account any potential employment you have available to you on the uk or any offers of financial support from third parties. in order to meet the financial requirements of the rules your sponser needs a gross income if at least 18600 per annum. in your appendix 2 form yoy state that you are relying on the earnings from your sponsees income with ... to meet the income threshold. you state that this is 18 757.56. you have provided the last 6 months pay slips for this employment and theese show a gross payment of 8921.1. this equates to an annual salary of 17 842.22. on order to qualify you and your sponser require 17894.45 in savings in order to meet the financial requirements. you jave not provided any evidence of any such savings held by you or your sponser continously for the past 6 months. i therefoee refuse your application under paragraph ec-p.1.1 (d) of appendix fm of the immigration rules. (e.ecp.3.1)

. your sponser is not exempt from the financial requirements as defined paragraph ECP.3.3. You have not provided an employment letter from.... containing the specfic information dated within 28 of the application date as evidence of your sponsers gross income from thier employment. i therefore refuse your application under paragrapgh Ec-p1.1 (d) of appendix fm of the immigration rules. (E-ECP.3.1)

. I have considerd the provision of evidential flexibility as set out out in paragrapgh d of appendix FM -SE. i have not deemed it appropriated to exercise evidential flexibility in this case as ut falls for refusal.

the thing is i sent 7 payslips which = gross £10111 four weekly earnings.
i do not think they took my 7 payslips only the last 6 payslips. i included employment letter which was not dated but everything else was fine what can i do have i got grounds to appeal on . i was advised to submit 7 payslips as i am paid 13 times a year and not 12

Sorry to hear this

They dont take 7 slips into account only 6 months prior to application
Your employment letter has to be dated
1st App:10.06.14-Refused 21.11.14
2nd App:04.02.15-Refused 22.04.15

Appealed:19.05.15-Review Deadline:27.10.15
Court Date:02.09.16

3rd App:
Bio:29.04.16 (priority)
HO enquiry:16.05.16
Processed:17.05.16
Call:20.05.16
Collected:23.05.16
Alhamdulilah

Asad1232009
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 5:15 pm

7 payslips = 28 weeks
6 payslips = 24 weeks simply doubling gives an income over 48 weeks and not 52 therefore i had to submit 7 as they were under 26 weeks.

It does not mention specifically the letter has to be dated?
has anyone tried appealing by post? how long do they take to get back to you ?

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by stillwaiting123 » Mon May 09, 2016 5:20 pm

Asad1232009 wrote:7 payslips = 28 weeks
6 payslips = 24 weeks simply doubling gives an income over 48 weeks and not 52 therefore i had to submit 7 as they were under 26 weeks.

It does not mention specifically the letter has to be dated?
has anyone tried appealing by post? how long do they take to get back to you ?
O ok

It takes 6/8 weeks for deadline to come through
1st App:10.06.14-Refused 21.11.14
2nd App:04.02.15-Refused 22.04.15

Appealed:19.05.15-Review Deadline:27.10.15
Court Date:02.09.16

3rd App:
Bio:29.04.16 (priority)
HO enquiry:16.05.16
Processed:17.05.16
Call:20.05.16
Collected:23.05.16
Alhamdulilah

MGH
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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Mon May 09, 2016 5:20 pm

@asad1232009

Sorry to hear about your refusal, if you are paid monthly then the 6 payslips must show £9300 gross, the Eco then doubles that to reach your annual salary figure, as your wage slips do not meet the requirement, I would advise reapplying with correct evidence.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by zeksy1 » Mon May 09, 2016 5:22 pm

@waseemiqbal
Bro i sent u PM check it out.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 5:44 pm

Thank you
@ MGH i am paid every four weeks which means i am paid 13 times a year and not 12. therefore i was advised to send in 7 payslips even if they took the 6 payslips divided by 24 times by 52 it would have given me a figure over 18600. The problem is the Four weekly payslips were not converted into weekly average

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Mon May 09, 2016 5:56 pm

[quote="Asad1232009"]Thank you
@ MGH i am paid every four weeks which means i am paid 13 times a year and not 12. therefore i was advised to send in 7 payslips even if they took the 6 payslips divided by 24 times by 52 it would have given me a figure over 18600. The problem is the Four weekly payslips were not converted into weekly average[/quote

Each payslip needs to be £1550 or more, your solicitor should have picked up on this. I think you should seriously consider reapplying.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 6:08 pm

Thank you Very much. However that applies to people who get paid monthly. with four weekly they recieve 13 payments in a year so the same calculation can not be used.

how about this calculation will this be fine
1166 + 1138 + 1728 + 1823 + 2059 + 1260 = 9174 x 2 = 18348 plus bonus of 265 will that be ok??

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by farrukh786786 » Mon May 09, 2016 8:11 pm

Asad1232009 wrote:Thank you Very much. However that applies to people who get paid monthly. with four weekly they recieve 13 payments in a year so the same calculation can not be used.

how about this calculation will this be fine
1166 + 1138 + 1728 + 1823 + 2059 + 1260 = 9174 x 2 = 18348 plus bonus of 265 will that be ok??
salam brother,
you should re-apply with priority service but wait for right documents.
you are very correct by making 18348£ per annum but keep remember all holiday pays , sick pay or any other bonus will add up by using a different formula not simply adding up !!
I will tell you about this formula so things would be more clearer to you.
Sorry to say you dont have any chance to win the appeal , I know what are you feeling and your spouse this hard time we are all going through same but keep your nerves strong May Allah give you even sooner success in your second attempt.

All cash savings are adding up in per annum income but with by a different formula explained in Appendix fm so the same applied to bonus and holiday pays.

May Allah grant you both sabar brother by all best wishes for your spouse.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 8:24 pm

Wa alaykum Salaam Thank you for your kind words.

What formula is given for holiday pay? i was on holiday from april 11th to may 7th the payslip gives 1260.
why do you think i do jot stand a chance of wining the appeal? as being paid 4 weekly my total over 28 weeks was 10117 if they divided by 7 to get a weekly average then times by 52 equals over 18600.

the problem is the eco put my payslips into a monthly catergory instead of seeing i was paid four weekly. so i need to show an average of 9300 over 6 payslips.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by MGH » Mon May 09, 2016 8:26 pm

Asad1232009 wrote:Wa alaykum Salaam Thank you for your kind words.

What formula is given for holiday pay? i was on holiday from april 11th to may 7th the payslip gives 1260.
why do you think i do jot stand a chance of wining the appeal? as being paid 4 weekly my total over 28 weeks was 10117 if they divided by 7 to get a weekly average then times by 52 equals over 18600.

the problem is the eco put my payslips into a monthly catergory instead of seeing i was paid four weekly. so i need to show an average of 9300 over 6 payslips.
Do you have a P60 for the last financial year? If so what level of income does it show?

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by farrukh786786 » Mon May 09, 2016 8:31 pm

Asad1232009 wrote:Wa alaykum Salaam Thank you for your kind words.

What formula is given for holiday pay? i was on holiday from april 11th to may 7th the payslip gives 1260.
why do you think i do jot stand a chance of wining the appeal? as being paid 4 weekly my total over 28 weeks was 10117 if they divided by 7 to get a weekly average then times by 52 equals over 18600.

the problem is the eco put my payslips into a monthly catergory instead of seeing i was paid four weekly. so i need to show an average of 9300 over 6 payslips.
Your holiday pay will be reckoned as unsalaried, so what they will do is take the lowest basic pay during the last 6 months and multiple by 12, and add up all your extras like overtime, holiday pay and bonuses over 6 months, divide by 6 and multiply by 12, and add to your basic annual pay.

Infact now I got confused myself too.Did you explained this in your covering letter that you were paid after every 4 weeks.
And you are using what Category.I assumed you used Cat B as non salaried person.
I'm sorry for my prompt judgement as things are bit confusing may Allah grant you success brother .
Did you use solicitor ?

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by farrukh786786 » Mon May 09, 2016 8:36 pm

@saturn where u been ?? Did u recieve determination ? How was your court experience

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by saturn 123789 » Mon May 09, 2016 8:42 pm

hi faruukh
my husband attended the appeal , appeal was allowed bassed on human right ground , that's frustrating because the judge make a mistake again in calculating the maintenance requirement for our case

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by farrukh786786 » Mon May 09, 2016 9:13 pm

saturn 123789 wrote:hi faruukh
my husband attended the appeal , appeal was allowed bassed on human right ground , that's frustrating because the judge make a mistake again in calculating the maintenance requirement for our case
Oh what happened to judges now but the good thing is at least your appeal has been allowed.When exactly did you get that determination ?
dId you recieve call letter yet or not ??
Kindly pray for me as well sister really in an unexplainable situation without my little kid.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by CR001 » Mon May 09, 2016 9:29 pm

saturn 123789 wrote:hi faruukh
my husband attended the appeal , appeal was allowed bassed on human right ground , that's frustrating because the judge make a mistake again in calculating the maintenance requirement for our case
Can you and Farrukh786786 please continue in your existing thread to avoid this discussion becoming a duplicate of what you already posted.

http://www.immigrationboards.com/immigr ... l#p1345232
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Asad1232009 » Mon May 09, 2016 9:54 pm

farrukh786786 wrote:
Asad1232009 wrote:Wa alaykum Salaam Thank you for your kind words.

What formula is given for holiday pay? i was on holiday from april 11th to may 7th the payslip gives 1260.
why do you think i do jot stand a chance of wining the appeal? as being paid 4 weekly my total over 28 weeks was 10117 if they divided by 7 to get a weekly average then times by 52 equals over 18600.

the problem is the eco put my payslips into a monthly catergory instead of seeing i was paid four weekly. so i need to show an average of 9300 over 6 payslips.
Your holiday pay will be reckoned as unsalaried, so what they will do is take the lowest basic pay during the last 6 months and multiple by 12, and add up all your extras like overtime, holiday pay and bonuses over 6 months, divide by 6 and multiply by 12, and add to your basic annual pay.

Infact now I got confused myself too.Did you explained this in your covering letter that you were paid after every 4 weeks.
And you are using what Category.I assumed you used Cat B as non salaried person.
I'm sorry for my prompt judgement as things are bit confusing may Allah grant you success brother .
Did you use solicitor ?

yes my holiday pay and basic pay is all the same and not seperated also overtime is joint on my payslips it shows my total gross value. i work at Asda where i am paid every four weekly which i did state in my covering letter and even in the letter which shows my calculation. The thing is 13 payslips x 4 = 52 weeks so if i just show 12 im missing out on 1 payslip. it is not my fault i get paid every four weekly and monthly the difference was £450 which would have obviously been made up on the 7 payslip i had to submit 7 payslip otherwise i wouldnt meet the requirement which was 6 months worth pf payslips.

I think i do have grounds to appeal on but i am also considering re applying when i have more payslips. Atm i do not know what exactley to do as i have not recieved a reply to my appeal being lodged.

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by Alikhan2016 » Tue May 10, 2016 1:49 am

Anyone has the number to contact HO in uk to get information on the appeal

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Re: PAKISTAN UK SPOUSE VISA APPEALS

Post by stillwaiting123 » Tue May 10, 2016 7:49 am

Alikhan2016 wrote:Anyone has the number to contact HO in uk to get information on the appeal

0300 123 1711
1st App:10.06.14-Refused 21.11.14
2nd App:04.02.15-Refused 22.04.15

Appealed:19.05.15-Review Deadline:27.10.15
Court Date:02.09.16

3rd App:
Bio:29.04.16 (priority)
HO enquiry:16.05.16
Processed:17.05.16
Call:20.05.16
Collected:23.05.16
Alhamdulilah

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