Wife Application rejected for unknown reason

[hidfido]

Hi,

My wife recently received her application back with a rejection letter stating:

"Appendix FM-SE states that you need to provide 6 months wage slips and bank Statements and a letter from your sponsor's employer confirming the state of their employment and their Salary. I have noted that you have submitted the wages slips and bank statement however you have not provided an employment letter to confirm your sponsors annual income"

However i did include this letter from my employer which stated:

- where i work
- My Position
- Full time
- Permanent
- date i started
- how many hours i do
- My roles and responsibilities

and my employer wrote down exactly the following in regards to my income/salary

...."I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600 AS SUPPORTED BY EVIDENCE OF HIS MONTHLY PAYSLIPS AND RECENT FISCAL YEAR P60 DOCUMENT"

In the letter they state all the other requirements have been met but i have not included an employment letter, which i clearly did and even the consultant me and my wife did it through said this would clearly suffice.

so why have they rejected it?

[physicskate]

Hi,

My wife recently received her application back with a rejection letter stating:

"Appendix FM-SE states that you need to provide 6 months wage slips and bank Statements and a letter from your sponsor's employer confirming the state of their employment and their Salary. I have noted that you have submitted the wages slips and bank statement however you have not provided an employment letter to confirm your sponsors annual income"

However i did include this letter from my employer which stated:

- where i work
- My Position
- Full time
- Permanent
- date i started
- how many hours i do
- My roles and responsibilities

and my employer wrote down exactly the following in regards to my income/salary

...."I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600 AS SUPPORTED BY EVIDENCE OF HIS MONTHLY PAYSLIPS AND RECENT FISCAL YEAR P60 DOCUMENT"

In the letter they state all the other requirements have been met but i have not included an employment letter, which i clearly did and even the consultant me and my wife did it through said this would clearly suffice.

so why have they rejected it?

You can ask the caseworker to reconsider or you can appeal the decision...

Appeals can be quite a long process.

[asif3]

how can you ask the caseworker to review the decision? Is there a fee for that? Thanks in advance.

[Rayking]

I think the application was refused on technical ground that your annual income based on your income in the last 6 months wasn't stated in the letter?
I suspect the case worker might state the issue would be resolved if you can provide the specified letter.
Check your refusal letter very well.
On the other hand,he could have missed it,but you defo have a strong reason of getting this overturned, if it's as you've stated.

[Obie]

You ought to appeal, as this will give you an opportunity to put your points, and they have 28 days to reply by virtue of Section 23of the First Tier Procedure rule 2014.

The decision was wholly unlawful.

[taniah]

Seems to be quite common they told us the English requirement certificate wasn't there when it was but because they took back the receipt for the evidence we submitted when they returned some of our documents we weren't able to prove it.

[taniah]

Seems to be quite common they told us the English requirement certificate wasn't there when it was but because they took back the receipt for the evidence we submitted when they returned some of our documents we weren't able to prove it.

[taniah]

Seems to be quite common they told us the English requirement certificate wasn't there when it was but because they took back the receipt for the evidence we submitted when they returned some of our documents we weren't able to prove it.

[philemon_bodiba]

Hi,

My wife recently received her application back with a rejection letter stating:

"Appendix FM-SE states that you need to provide 6 months wage slips and bank Statements and a letter from your sponsor's employer confirming the state of their employment and their Salary. I have noted that you have submitted the wages slips and bank statement however you have not provided an employment letter to confirm your sponsors annual income"

However i did include this letter from my employer which stated:

- where i work
- My Position
- Full time
- Permanent
- date i started
- how many hours i do
- My roles and responsibilities

and my employer wrote down exactly the following in regards to my income/salary

...."I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600 AS SUPPORTED BY EVIDENCE OF HIS MONTHLY PAYSLIPS AND RECENT FISCAL YEAR P60 DOCUMENT"

In the letter they state all the other requirements have been met but i have not included an employment letter, which i clearly did and even the consultant me and my wife did it through said this would clearly suffice.

so why have they rejected it?

"."I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600" is not enough.
Did the letter of employment ever state how much you actually earn per annum, and how long you've been earning the same amount?

In my case, the letter of employment stated that 'I earn approximately £23600 and that I've been earning that amount since 2013'. And the application is currently going through consideration but the only this that worries me is that I've not included my p60 for 2013-2014 and I applied under category B, I hope somebody here would say the exclusion of a p60 is not a great deal.

[ilrupdates]

"I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600" is not enough.
Did the letter of employment ever state how much you actually earn per annum, and how long you've been earning the same amount?

In my case, the letter of employment stated that 'I earn approximately £23600 and that I've been earning that amount since 2013'. And the application is currently going through consideration but the only this that worries me is that I've not included my p60 for 2013-2014 and I applied under category B, I hope somebody here would say the exclusion of a p60 is not a great deal.

"

philemon_bodiba I presume form your post that you are working with the same employer more than six months, can I ask why did you not choose the category A, rather you have applied under category B?

[philemon_bodiba]

"I CAN ALSO CONFIRM HIS GROSS ANNUAL SALARY EXCEEDS THE THRESHOLD OF £18,600" is not enough.
Did the letter of employment ever state how much you actually earn per annum, and how long you've been earning the same amount?

In my case, the letter of employment stated that 'I earn approximately £23600 and that I've been earning that amount since 2013'. And the application is currently going through consideration but the only this that worries me is that I've not included my p60 for 2013-2014 and I applied under category B, I hope somebody here would say the exclusion of a p60 is not a great deal.

"

philemon_bodiba I presume form your post that you are working with the same employer more than six months, can I ask why did you not choose the category A, rather you have applied under category B?

My income is variable and I earn on a four-weekly basis, and in the last 6 months there had been a pay period I had earned £1011 gross for I took time off without pay. And in another pay period I had earned £2500 gross including overtime. With that fact I wouldn't have been met the minimum threshold under Category A.
You'd agree with me that these Immigration Rules are very flawed. You can earn £900 000 gross per annnum, yet, if one of your payslips show less than £1550 under Category A over the last six months your spouse won't qualify to get a visa. Theresa May claims you'll rely on public funds on that basis.

[Rayking]

Your last post can confuse those that are trying to understand financial requirement and I just want to clarify that.
If you're on non salaried and your income is variable,earning £1011 in a month shouldn't affect applying under Cat A.
It's only applicable if you're on salaried income.
If you earn 2500 every month for five months and 1011in sixth month,how won't you qualify?if you take complete one month off and you don't earn anything, then that can affect,but even with that,except it's not 2500 for 5 months,you'll still qualify.

[maidy]

@Rayking...

its vagu now ... not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

[maidy]

@Rayking...

its vagu now ... not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

[maidy]

@Rayking...

not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

[Rayking]

You can read all about financial requirement here https://www.gov.uk/.../AnnexFM_Section_ ... Requiremen .
Now to make it easy,
Do you get paid hourly or you get salary,salary means you'll get paid almost the same amount every month irrespective of the hours.
Secondly, if you can tell us your gross income for each month, then we can look into it.
It's not a rocket science and I can assure you,you'll understand it perfectly well,if you're ready to listen though.
If by chance you're £3 short as you said,the application will be rejected. Financial requirement is non negotiable I'm afraid.
But just be positive.

[ilrupdates]

@Rayking

I agree with your post as it is clearly written in number 5 of this document that how to calculate the salaried and non salaried income.
please read this home office document which is very clear/.

https://www.gov.uk/government/uploads/s ... rement.pdf

[philemon_bodiba]

Your last post can confuse those that are trying to understand financial requirement and I just want to clarify that.
If you're on non salaried and your income is variable,earning £1011 in a month shouldn't affect applying under Cat A.
It's only applicable if you're on salaried income.
If you earn 2500 every month for five months and 1011in sixth month,how won't you qualify?if you take complete one month off and you don't earn anything, then that can affect,but even with that,except it's not 2500 for 5 months,you'll still qualify.

[philemon_bodiba]

@Rayking...

not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

"taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal", that's true. And if your letter of employment doesn't show the annual gross income that's above that's above the income threshold you'd like to rely upon that could be an issue regardless of what your p60 says..

[SoHopeful]

@Rayking...

not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

Rayking was referring to the different calculations used depending on whether you earn a standard, regular salary or paid by the hour, day, etc.

If you are paid by the hour then you can bypass the 'lowest payslip in the last 6 months' because the calculation would be the average pay over the course of 6 months. If the average met the threshold then they disregard the lowest pay during that time. I relied on this calculation for my husband's application.

You need to use this calculation to work out your O/T and bonuses THEN add it to your basic salary to work out your income over 6 or 12 months. I suggest you read page 28 in the link Rayking provided as it differentiates between salaried and non salaried and how your income will be calculated by the ECO.

[ilrupdates]

@Rayking...

not sure who is acutally confusing others. my case is below please throw some light....

SALARY: requirement wtih two children is 24,800. being a salaried person with same employer 6+months i m in CAT-A, my basic salary is 23000 but i receivez bonus and O/T allowances during the year. For last 9 months already get paid total 21700 and if in next three months i only receives my basic i.e (1916 x 3 = 5748) total will be 27448 (21700+5748) which is over and above. Is this the right way to calculate or taking lowest level of salary received in last six months i.e 2066.43 in August will gives me £24797 which is £3 short of required £24800 hence chances of refusal, or ECO will calculate some other way???? pluse providing last years P60 with a total of 29600

in guidlines there isn't anything about salaried or non salaried when we talk about CAT A working with same employer for more than six months, i dont know where is it came from in discussion on this forum.
Thanks

Rayking was referring to the different calculations used depending on whether you earn a standard, regular salary or paid by the hour, day, etc.

If you are paid by the hour then you can bypass the 'lowest payslip in the last 6 months' because the calculation would be the average pay over the course of 6 months. If the average met the threshold then they disregard the lowest pay during that time. I relied on this calculation for my husband's application.

You need to use this calculation to work out your O/T and bonuses THEN add it to your basic salary to work out your income over 6 or 12 months. I suggest you read page 28 in the link Rayking provided as it differentiates between salaried and non salaried and how your income will be calculated by the ECO.

SoHopefull,
I am in non-salaried employment .i.e I am paid according to the hour rate and am paid depending upon the work underdone every month, I have 42 hours/week contract with my company and working with same company since 5 years. Since my employment started company is always giving me over time so every week I work about 72 hours, how should i add the over time ? please clarify
thanks

[SoHopeful]

Because you are non salaried you would just use the same calculation for your entire income. Just have your employer state that you are contracted to work 42 hours but you usually get an additional 30 hours per week.

[ilrupdates]

Rayking and SoHopful
I am working with same company since 5 years under non salaried employment because I am paid hourly rate basis. My contractual hours with the company are 42/week but I am always doing over time and it is normally 60 hours/week. But in one month I worked only few hours and earned only 497 pounds. Here is my pay over 6 months.
2021+2478+1121+497+2399+2424=10940
10940/6= 1823x12= 21876

Now my question is that is it the right way to calculate the over time as I have included the over time along with basic?
Secondly in one month I have worked less than even my contractual hours , will it be a problem that I have not worked in one months according to my contaract although I m working under Non-salaried employment.
Please advise

[SoHopeful]

Non salaried income is the average you earned over the period of 6 months. What you earn in one particular month will not matter as long as the average comes to £9300 for 26 weeks or however frequently you are paid. There is no basic salary when you are non salaried because I am assuming if you don't work you don't get paid. Basic salaries are usually guaranteed each month.

[Rayking]

Yes,that's exactly how to calculate it,as you're in non salaried employment, that 497 wouldn't affect it.