spouse visa resual.. need help.. plz help

[ashjay2012]

Dear sir/ ma'am/friends,
First of all i need to say that i was following this board for past few months and really got so much helpful information which helped me a lot & this is the first time i m asking some valuable help from u.

As all know how hard to face the refusal especially spouse visa. i have applied my visa in vfs Delhi center on 1st july 2014. but after 22 days my visa got refused stated the reason not meeting financial requirement. My sponger is a British citizen started her job in sep2013 and she is getting paid of annually £18000 with £1700 commission (variable) , which is more than £18600.

Now I need to made an appeal and i need to show 6 months gross salary prior to application. But my sponsor didn't get pay for jan & Feb 2014 (because of security pass). Now if the ECM is going to consider 6 months i.e. from jan-jun2014 we are failing in this calculation because for 2 months she didn't get pay. so i just need to know that do ECM consider unpaid leave or not??? becoz if he does consider this in calculation we are failing and of he doesn't consider and excluded jan 2014 and feb 2014 months and consider nov2013 & dec2013 we are meeting the requirement.
please help me as m in deep stress and don't know how we will proceed. please help on urgent basis becoz we are only having 10 days left to make the appeal.

[MPH80]

If you applied under category A - e.g. last 6 months of payslips, then they use the lowest monthly pay as the amount of your annual salary.

That means it was 0 x 6 = £0.

The ECO won't backtrack months.

It sounds like the refusal was correct to me based on what you've put

I'd suggest re-applying when you actually qualify under category A or wait until you qualify under category B.

[ashjay2012]

hi sir,

i agree to your point that for last 6 month they will consider the lowest pay. ie. in January £0. .
so £0x6 = £0. also i agree that ECO wont backtrack months. but as my sponsor was not able to get security pass to work in the premises in that case she was unpaid. so ECO may discounted that period to calculate gross and consider backtracked months (Nov & dec2013). because if he does that we are meeting the requirement. also we are having the employer letter which contain the said reason for absence and having start date & end date. also stated that she was unpaid in that period.

sir.. please can u help me if we this is going to help because for paternity and maternity leave if someone is on unpaid leave immigration does not count that period in calculating gross income. below the financial requirement pdf. page31. refer 5.5.19

https://www.google.com/url?q=https%3A%2 ... Cf2jE8YPWg



please advise.

many thanks & best regards,

ashjay

[Rayking]

I'll suggest you try cat B,add from sept 2013 or in the last 12 months and see if it goes above 18600.
You explain the pass stuff and if you're fine on cat b,just state "even though your sponsor couldn't work for 2 months, you qualify using cat B.
Did you actually mean you applied in July under cat A when you knew your sponsor wasn't paid in January and February? If that's what you meant then,that's was a self inflicted refusal,you could have waited and apply under cat B

[ashjay2012]

dear rayking,

I agree to your point that we could have wait but we were lack of immigration knowledge. As my sponsor started job in sep2013. i added all her gross income as per payslip from sep2013 to jun2014 but unfortunately we are failing as the summation come around annually £15550. also if we are adding from jan2014 to jun2014 its comes around £14500.

we are only meeting the financial requirement if immigration person doesn't consider Jan and Feb 2014 months. as we have to show only 8 month till the day of employment. i have read in this annex that they are not counting the unpaid period for maternity , parental etc. so will this pass stuff going to convenience them becoz our jan & feb month are totally unpaid. to support this we are having employer letter.


many thanks ,

ashjay

[Obie]

What about your earning?

Are you currently earning in India?

It seems to me that the refusal was justified.

[ashjay2012]

hi,

My sponsor earning is £18000 and annual commission for last 11 months is £1600 (variable). so her gross salary comes around £19600.

i m applying from India and my sponsor lives in UK.

but the only problem is that she was unpaid for 2 months becoz of security pass. so, is that going to be problem. we are having employer letter contains all required information.

also if i need to reapply for visa then can i apply straight way or i have to wait for 6 months.

many thanks

[Rayking]

The best bet is for you to reapply with what you've stated,unfortunately they will never wave any month for you.
The financial requirement is non negotiable and you're to either use 6 month before your application or 12 months or savings if you've got that.
You can reapply anytime as long as you have past 6 months payslips which isn't more than 28 days

[ashjay2012]

dear rayking,

i must appreciate your prompt reply & thanks as well.. i got what u r saying.. i have one more query. my sponsor basic salary is £18000 which has been revised to £18360 from 1st July. Also my sponsor has already received £1100 (variable) commission from mar to july2014 . now if we reapply for visa suppose on 1st sep2014 in that case we have to submit payslip from march to august2014. but my question is that do the ECO calculate by considering the lowest pay in last 6 months and multiplying by 12months or he/she may calculate last 6 months earned commission divided by 6 and multiply by 12 months and simply adding to £18000. becoz for the commissioned based payee they show one example in Financal annexx 1.7. please advise me .

hope m able to clarify.

thanks in advance,

regards,
ashjay

[Rayking]

First,do you mean is in salaried employment, commission or not,what gross does he get monthly?if it's non salaried, that will be straightforward, you need to know what the gross income is,that is the total income b4 tax.

[ashjay2012]

dear rayking,

really thanks for u valuable help.


let me make it more clear. my sponsor works in uk with the same employer for last 10 months prior to application. my sponsor works on a permanent role with a basic salary of £18000 plus commission. eg. mar salary is £1481 before tax, Apr salary is £1605, may sal is £1760, jun sal is 1176, july is £1860.

so my question is do we fall in cat 3A or 3B?

Also i would like to add one more additional information which i have discussed with my sponsor. when my sponsor was not paid from current employer becoz of the security pass she works as a self employed (freelancer) where she had earned gross of £2600 in jan2014. but we have not paid tax on this income. so after paying tax to England revenue can we combine this income to support our case. becoz if we add jan to june 2014 gross we are meeting the financial requirement.
i.e.
(2600(self-employed) + 405 + 1460 + 1605+ 1750+ 1840 ) divided by 6 = £1610

£1610 x 12 = £19320 in this case we can meet the financial requirement.

please advise, if we can show self employed (freelancer) income of £2600 of jan 2014. do we gonna confuse them or they may accept it becoz they said income from all sources.

thanks very much,

ashjay

[Rayking]

Is this gonna be for fresh application or appeal?
Tbh,I don't know if someone can claim self employment for just a month because you'll need to show accountant stuffs and your tax return.
If this is for a new application, I think with what you've stated,it will be better to apply under cat B.
As you stated it's a salaried job,then the 1481 would have ruined applying under cat A salaried employment, you need to get 1550 @ least to pass that test.
Secondly, if you gonna apply under cat B and thinking of adding the 2600,you need to ask yourself this questions, can we provide payslips for the income?did the amount get into your account? Why was he paid without tax being deducted,was it cash by hand and can he get letter to proof he got paid for the job?he might need to find out from the tax office if he can pay tax on that,I don't really know,but you need to know how to answer all these with documents to proof.
On the other hand,you can just forget all that if you're planning to reapply and just start from April,May,June,July,August,september and by ending you can apply, provided your sponsor is still working and the salary isn't below 1550.
I think the appeal might work with cat A if you can proof the employer he worked with,with payslip and the money in your account in that month.

[Frontier Mole]

Until your sponsor can demonstrate 6 months of payslips that meet the minimum requirement you are just going round in circles.
The freelance money has not been declared, if you put that into the equation then that will cause more issues. No tax declared, no HMRC registration, no accounts etc etc.

Sometimes there is no better option than to wait...

[Rayking]

That's just the hardest truth tbh!

[ashjay2012]

hi rayking,

Our primary intention is to appeal & i want to make myself sure that we are going on right track. i really got some confidence by talking to you.

just now i had words with my sponsor. my sponsor has worked only for that Jan 2014 unpaid month to support herself. my sponsor got £2600 in that month and deposited that money in her account. unfortunately she didn't get payslip becoz it was not directly from her current employer. Also, she has not declare the tax return on that amount. but she met with an accountant and he said that we can do tax return on that amount.

so my query is that if we show tax return for £2600 in jan month (which she got paid from freelancing), can we qualify in that case. becoz i read financial annex and it shows that we can combine cat A with Cat F (self-employed) to fulfill financial requirement.


please advise... ur help can do to alot.


thanx very much,

ashjay

[SoHopeful]

You can only use self employment for the last FULL financial year. You can only combine it with employment during the same year (2013-14)

[ashjay2012]

hi sohopeful,

i think in that case its a problem.. becoz we need to show from jan to jun 2014. so up to Jan to mar 2014 financial year ended. in that case if we show Jan month freelancing amount then it may be of no use.. m i right..?

many thanks ,

ashjay

[Rayking]

In my opinion, there's no point appealing when your chances of winning is very slim and that will take like 3 months upward.
The best is for you to reapply.

[ashjay2012]

hi rayking,
now i am not going to appeal. your point is correct. now m looking forward to reapply fresh visa in sep month.
before that i need to ask few question. hope to see Ur advise.

1) wen we reapply do we need to consider or mention or address the rejected visa.? (eg. we got rejected last time for financial requirement .)

2) also if we are not appealing this time do we need to send any justification on that '' why we are not appeal" .

3) As I m in India and i left my job. so this time if i will fill my details as Unemployed. Is that gonna be conflict with the details which i had put in my previous application. what u suggest?

please suggest me if i need to take care for anything apart from this.


really thanking u alot..

warm regards,

ashjay

[Rayking]

"As I m in India and i left my job. so this time if i will fill my details as Unemployed. Is that gonna be conflict with the details which i had put in my previous application. what u suggest?"
If you're unemployed and the financial requirement states you must be in employment as at the date of your application and six months prior,how then do you intend to pass that requirement? Except you're using savings of £62500 or thereabouts, in your account 6 months b4 applying?
I think you need to sit down and read what the rule says. The least date your documents can have is 28 days which means you can only be out of work for 28 days,and even with that,if the ECO calls your employer and he's told you ain't working with them any longer,it's gonna be refusal.
Oh sorry,did I actually get you clear,are you talking about you,not your sponsor? If it's you,nothing to worry about, in fact you don't have to be in employment to apply in the first place,your sponsor takes care of that.
But you need to address each of the reasons you were refused by just writing a short note for each point.
For instance,I was in employment before but I've resigned as I had to prepare myself to join my spouse,unfortunately we were refused.
On financial ground, we were refused on financial ground but we believe we now meet this by supplying required documents and getting the calculation right.
Just short notes to address your first refusal.
Also,we didn't appeal as we believe that will take longer and may be we don't stand a very good chance of winning either..........stuffs like that and you will be fine.

[ashjay2012]

hi rayking,,

u are veryy helpfull.. may god bless you... thanks a lot..

Actually I was talking about me (m the applicant) not for my sponsor. My sponsor is still working in the same company. As i left my job to join my partner but i am not having the relieving letter with me (as i resigned on phone). so do you think they gonna need my resignation letter or relieving letter becoz i don't have that papers.

once again thanks for the explanation which will definitely going to help me with my fresh application

also, can I prepare a cover letter to write a short notes explaining the reason for reapplying instead of appeal and can i show calculation (for gross income) from my side.

thanks,

regards,

ashjay

[SoHopeful]

When you reapply you must address the refusal and how you have corrected everything for the new application.
Yes - it's advisable that you include a cover letter to explain in full.
You don't need to explain or inform anyone that you are not going to appeal.
You can simply add to your letter that you quit the job mentioned in the previous application as you thought you would have been successful in obtaining the visa.

[ashjay2012]

hi..

just a quick question. can my sponsor apply for my visa from UK itself(i am in India). is it possible ? if yes. Then what will be processing time? will it same like 40-60 working days or less or more.


please advise me becoz my sponsor went to a lawyer and she told that it possible.

please advise.

ur prompt help will be really appreciated.

thanks in advance.

ashjay

[SoHopeful]

Applications can only be made in the UK if the applicant as well as the sponsor is in the UK also.
Your sponsor can complete the forms on your behalf but the processing and submission of documents must be done in the applicant's home country.

[ashjay2012]

dear sohopeful...

thanks for the helping info..

but i m getting confused as the time is getting closer to make new application(we are waiting for Aug payslip). As my sponsor visited one of the lawyer in UK and the lawyer told her that she has to submit last 12 month payslip as she was not paid for the Jan 2014 month in that case she has to wait till Jan 2015 payslip & after that if the addition of all payslips gross pay come more than 18600 then only we are qualifying the financial requirement.

but my query is do we need to show 12 months payslips ? she still works in same employer. and i think we can sumbit last 6 months payslip prior to application. means if we are applying in sep month then from mar2014 to aug 2014.

also lawyer told her that they will see only contract. but my question is that , my sponsor is commissioned based payee how they will calculate the requirement. becoz in financial annex Visa ppl mention that they will add last 6 months received commission divide by 6 and then multiply by 12 and whatever the result come they will add to the £18000(18000 is my sponsor basic salary.)

please advise. as m getting confuse.

thanks
ashjay