Spouse visa refused Sponsor with settlement visa

[ahmedred]

Hi my spouse visa is refused on 03Jan13 frm Dhaka.
The case worker gave the following reason-

Your sponsor is not exempt from the financial requirements as defined under 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. In order o meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum (or if applying with 1 child £22,400 and an additional £2,400 for each additional child). You state that your sponsor works for COMPANY 1 since 01/11/11 earning £17,323 per annum. You state that your sponsor also works for COMPANY2 earning £3632 per annum. However, you have not submitted a letter from either employer as required by the immigration rules, stating the gross annual salary, or the period over which your sponsor has been paid the level of salary you have relied upon in your application, or the length of employment. You state that your sponsor is also self employed with XXX Services since 01/07/12 earning £5670 per annum. However, you have not submitted all of the documents required. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. In any case, your sponsor was not self employed in the last financial tax year, and therefore this recent income from self employment cannot be considered. I therefore refuse your application under paragraph EC-C.1.1(d) of Appendix FM of the Immigration Rules. (E-ECC.2.1).


I am planning to appeal against this decision from UK and want to act as my spouse's representative and sponsor.
Q1) Do my spouse also need to sign in IAFT-2 form as i am filling up the form and sign in the representative and sponsor section.

Q2) I have written the following statement for appeal. Please let me know ur comment. I am planning to launch the appeal next week. Additionally I am also sending 2 employers letters with the IAFT-2 for as additional documents.

D. Grounds of my appeal

I strongly disagree with the decision on the ‘Notice of Decision’ document as in my opinion the case worker did an incompetent interpretation of my sponsor’s supporting financial documents and also applied incorrect immigration rules in my case.

Firstly, in the Notice of Decision document, the case worker stated that ‘’I therefore refuse your application under paragraph EC-C. 1.1 (d) of Appendix FM of the Immigration Rules (E-ECC.2.1).’’ But both EC-C1.1(d) and E-ECC2.1 are immigration rules applicable to a child dependant (a hard copy of the EC-C.1.1 immigration rules are incorporated with this IAFT-2 application and areas highlighted). Thus the case worker’s decision to refuse my visa is completely unlawful and misuse of other immigration rules.

I have applied as a spouse of my sponsor with no children and therefore as per the Notice of Decision document, the immigration rules applicable to me is EC-P.1.1; and according to E-ECP.3.1 my sponsor should have a gross income of at least £18,600 and also need to satisfy the requirement of E-ECP.3.3 (b).

As a proof to satisfy the financial requirements of E-ECP3.1 (a) (i) & E-ECP3.3(b), my sponsor provided documentary evidences of a combination of £26,625.79 income from COMPANY 1 (employment), COMPANY 2 (employment) and XXX Services (self employment) within a period of 01.11.11- 11.09.12 (approximately 10.5 months). A breakdown of income can be found in my sponsor’s accountant’s letter and accountant’s financial statement. My sponsor also provides the following original supporting documents in support of his finance.

i) For COMPANY 1. – payslips, bank statements, contract papers, P60, P45
ii) For COMPANY 2- payslips, bank statements, contract papers, P60
iii) For XXX services- Invoices, Accountant letter and UNAUDITED financial statement, HMRC UTR letter, Class 2 NI direct debit letter, bank statements.

Thus my sponsor’s gross annual income was more than £18,600 and satisfied the E-ECP3.1 (a) (i) immigration rules.

In the Notice of Decision document the case worker stated that ‘’You state that your sponsor works for COMPANY 1 since 01.11.11 earning £17,323 per annum. You stated that your sponsor also works for COMPANY 2 earning £3632 per annum.’’ But in my visa application and my sponsor’s accountant’s financial statement, it clearly stated that the gross income is calculated from the period of 01.11.11 to 11.09.12. There is no justification where the case worker found his ‘’Per annum’’ figures.

In order to full-fill the immigration requirements of Appendix FM-SE Paragraph 2 (b) of employer’s letter, I am sending my sponsor’s employers’ letter from COMPANY 1 and COMPANY 2 with the required information.

The case worker stated in the Notice of Decision about my sponsor’s self employment is that ‘’However you have not submitted all of the documents required. These documents are specified in immigration rules in Appendix FM-SE and must be provided. In any case, your sponsor was not self employed in the last financial tax year, and therefore this recent income from self employment cannot be considered.’’ In relation to self-employment of XXX services, my sponsor submitted all the required documents that are applicable to him as per Appendix FM-SE Paragraph 7(c), (d), (f), (g)(i) and (h)(i)(bb) considering his self-employment started from 01.07.12. The case worker does not mention which specific document my sponsor did not submit as per the Appendix FM-SE immigration rules. While considering Appendix FM-SE Paragraph 13(e), there is no statement that if my sponsor is not self employed in last financial tax year, his recent self-employment income will not be considered. And according to Appendix FM-SE Paragraph 13(e), my sponsor can combined gross annual income (12-month period) from self employment and salaried employments. My sponsor self-employment also fulfilled the requirement of Appendix FM-SE Paragraph 19 (a) (b) through his accountant’s financial statements.

In summary, the decision of my visa refusal by the case worker was erroneous (possibly added some children while calculating my sponsor’s income requirement) and I like UK border agency to take necessary action in order to rectify this wrong decision.

Your comments are much appreciated.

[Immi121]

Hi my spouse visa is refused on 03Jan13 frm Dhaka.
The case worker gave the following reason-

Your sponsor is not exempt from the financial requirements as defined under 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. In order o meet the financial requirements of the Rules your sponsor needs a gross income of at least £18,600 per annum (or if applying with 1 child £22,400 and an additional £2,400 for each additional child). You state that your sponsor works for COMPANY 1 since 01/11/11 earning £17,323 per annum. You state that your sponsor also works for COMPANY2 earning £3632 per annum. However, you have not submitted a letter from either employer as required by the immigration rules, stating the gross annual salary, or the period over which your sponsor has been paid the level of salary you have relied upon in your application, or the length of employment. You state that your sponsor is also self employed with XXX Services since 01/07/12 earning £5670 per annum. However, you have not submitted all of the documents required. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. In any case, your sponsor was not self employed in the last financial tax year, and therefore this recent income from self employment cannot be considered. I therefore refuse your application under paragraph EC-C.1.1(d) of Appendix FM of the Immigration Rules. (E-ECC.2.1).


I am planning to appeal against this decision from UK and want to act as my spouse's representative and sponsor.
Q1) Do my spouse also need to sign in IAFT-2 form as i am filling up the form and sign in the representative and sponsor section.
Your spouse (apellant) does not need to sign it. The representative can do that on her behalf. The representative can be you (sponsor) or another party, for example, a solicitor.

Q2) I have written the following statement for appeal. Please let me know ur comment. I am planning to launch the appeal next week. Additionally I am also sending 2 employers letters with the IAFT-2 for as additional documents.

D. Grounds of my appeal

I strongly disagree with the decision on the ‘Notice of Decision’ document as in my opinion the case worker did an incompetent interpretation of my sponsor’s supporting financial documents and also applied incorrect immigration rules in my case.

Firstly, in the Notice of Decision document, the case worker stated that ‘’I therefore refuse your application under paragraph EC-C. 1.1 (d) of Appendix FM of the Immigration Rules (E-ECC.2.1).’’ But both EC-C1.1(d) and E-ECC2.1 are immigration rules applicable to a child dependant (a hard copy of the EC-C.1.1 immigration rules are incorporated with this IAFT-2 application and areas highlighted). Thus the case worker’s decision to refuse my visa is completely unlawful and misuse of other immigration rules.

I have applied as a spouse of my sponsor with no children and therefore as per the Notice of Decision document, the immigration rules applicable to me is EC-P.1.1; and according to E-ECP.3.1 my sponsor should have a gross income of at least £18,600 and also need to satisfy the requirement of E-ECP.3.3 (b).

As a proof to satisfy the financial requirements of E-ECP3.1 (a) (i) & E-ECP3.3(b), my sponsor provided documentary evidences of a combination of £26,625.79 income from COMPANY 1 (employment), COMPANY 2 (employment) and XXX Services (self employment) within a period of 01.11.11- 11.09.12 (approximately 10.5 months). A breakdown of income can be found in my sponsor’s accountant’s letter and accountant’s financial statement. My sponsor also provides the following original supporting documents in support of his finance.

i) For COMPANY 1. – payslips, bank statements, contract papers, P60, P45
ii) For COMPANY 2- payslips, bank statements, contract papers, P60
iii) For XXX services- Invoices, Accountant letter and UNAUDITED financial statement, HMRC UTR letter, Class 2 NI direct debit letter, bank statements.

Thus my sponsor’s gross annual income was more than £18,600 and satisfied the E-ECP3.1 (a) (i) immigration rules.

In the Notice of Decision document the case worker stated that ‘’You state that your sponsor works for COMPANY 1 since 01.11.11 earning £17,323 per annum. You stated that your sponsor also works for COMPANY 2 earning £3632 per annum.’’ But in my visa application and my sponsor’s accountant’s financial statement, it clearly stated that the gross income is calculated from the period of 01.11.11 to 11.09.12. There is no justification where the case worker found his ‘’Per annum’’ figures.

In order to full-fill the immigration requirements of Appendix FM-SE Paragraph 2 (b) of employer’s letter, I am sending my sponsor’s employers’ letter from COMPANY 1 and COMPANY 2 with the required information.

The case worker stated in the Notice of Decision about my sponsor’s self employment is that ‘’However you have not submitted all of the documents required. These documents are specified in immigration rules in Appendix FM-SE and must be provided. In any case, your sponsor was not self employed in the last financial tax year, and therefore this recent income from self employment cannot be considered.’’ In relation to self-employment of XXX services, my sponsor submitted all the required documents that are applicable to him as per Appendix FM-SE Paragraph 7(c), (d), (f), (g)(i) and (h)(i)(bb) considering his self-employment started from 01.07.12. The case worker does not mention which specific document my sponsor did not submit as per the Appendix FM-SE immigration rules. While considering Appendix FM-SE Paragraph 13(e), there is no statement that if my sponsor is not self employed in last financial tax year, his recent self-employment income will not be considered. And according to Appendix FM-SE Paragraph 13(e), my sponsor can combined gross annual income (12-month period) from self employment and salaried employments. My sponsor self-employment also fulfilled the requirement of Appendix FM-SE Paragraph 19 (a) (b) through his accountant’s financial statements.

In summary, the decision of my visa refusal by the case worker was erroneous (possibly added some children while calculating my sponsor’s income requirement) and I like UK border agency to take necessary action in order to rectify this wrong decision.

Your comments are much appreciated.

Would suggest you break into points. Also, probably better to refrain from using words such as incompetent, just say you disagree as per your reasons. Refer to the following for additional information:
https://www.facebook.com/Immigrationboa ... omPakistan

[Greenie]

How long had your spouse been working for company one and company two?

[Franko]

The letters from your sponsors employer are compulsory regardless of any other evidence provided therefore the refusal is correct. If you intend to appeal you will need to include these otherwise your appeal will fail.

2. In respect of salaried employment in the UK, all of the following evidence must be provided:

(a) Wage slips covering:

(i) a period of 6 months prior to the date of application if the applicant 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 applicant 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 wage slips 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).

http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/

you cannot pick and choose what evidence suits you, they require it all.

[ahmedred]

Thanks for everyone's replies. Much appreciated. I will be sending the two employers letters with the appeal. I have already collected the letters from employer with required information. I wasn't aware of this employer letter requirement before, but now I know.

For Company 1, I have worked from Nov11-Jun12, after that the contract finished.
For Company 2, I have started working from Nov11-till now.

I will change the negative wording to keep it formal.

[batleykhan]

b) A letter from the employer(s) who issued the wage slips 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).

Make sure your employment letter contains the above specific requirements