that is a long one
'Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of
Appendix FM.
Eligibility
You meet the eligibility requirements of Section E-ECP of Appendix FM.
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
You state that you have been in a relationship with your sponsor and began living
together since June/2022, As evidence of this you have provided only a Marriage
Certificate and Translation dt. June/2022. Therefore, I am not satisfied that your
relationship with your sponsor is genuine and subsisting or that you intend to live
together permanently in the UK. I therefore refuse your application under paragraph EC-
P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
You have stated in your Visa Application Form that you meet the financial requirement
through your sponsor’s employment in the UK. 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. In order to meet the financial requirements of Appendix FM
your sponsor needs a gross income of at least £18,600 per annum. You state that your
sponsor has been employed by Limited since Nov/2021 and earns an
annual salary of GBP 40k range. As evidence of your sponsor’s employment you have
submitted 6 month payslips from January 2022 till June 2022.
The Immigration Rules state that in respect of salaried employment in the UK, all of the
following evidence must be provided (
https://www.gov.uk/guidance/immigration-
rules/immigration-rules-appendix-fm-se-family-members-specified-evidence):
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed
by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of
application if the person has been employed by their current employer for less than 6
months (or at least 6 months but the person does not rely on paragraph 13(a) of this
Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual 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).
(c) Personal bank statements corresponding to the same period(s) as the payslips at
paragraph 2(a), showing that the salary has been paid into an account in the name of the
person or in the name of the person and their partner jointly.
You have not submitted the following required documents as listed above.....
1. Employment letter
2. December 2021 payslip
3. Bank Statements for 6 months prior to the date of application
You have therefore failed to provide the required documents relating to your sponsor’s
employment. These documents are specified in the Immigration Rules in Appendix FM-
SE and must be provided. I therefore refuse your application under paragraph EC-
P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to
4.2.
You are not exempt from the English language requirement under paragraph E-ECP.4.2.
You state that you meet the English language requirements of Appendix FM through
IELTS. As evidence of this you have provided IELTS Test Report Form, UKVI number:
IEL/xxx Dt. 28/06/2022 and result was CEFR level – Below B1,
which is not the level of qualification mentioned under E-ECP.4.1. Consequently, I am not
satisfied that you are a national of a majority English speaking country listed in paragraph
GEN 1.6 or that you have passed an English language test (to A1 Level of the Common
European Framework) with a provider approved by UK Visas. I am also not satisfied that
you have an academic qualification which is either a Bachelor’s or Master’s degree or
PhD awarded by an educational establishment in the UK; or, if awarded by an
educational establishment outside the UK, is deemed by Ecctis to meet or exceed the
recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has
confirmed that the degree was taught or researched in English to level A1 of the
Common European Framework of Reference for Languages or above. I therefore refuse
your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.
(E-ECP.4.1)
Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as
applicable, whether there are exceptional circumstances in your case which could or
would render refusal a breach of Article 8 of the ECHR because it could or would result in
unjustifiably harsh consequences for you or your family. In so doing we have taken into
account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant
child as a primary consideration.
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3.of Appendix
FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance
on the 5-year partner route, or on the 10-year partner route on the basis of exceptional
circumstances, under Appendix FM.
NEXT STEPS ROA
RIGHT OF APPEAL
You have 28 days from the date you receive this decision to appeal. Information on how
to appeal, the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
If you want to seek legal advice you must do so now.
is it if you submit the ielts academic, it confuses the ECO?
