Spouse Visa Rejected & Appeal Rejected

[KIRAN7867]

Hello

My husband applied for his Spouse visa which was rejected, we appealed against the decision and the appeal was dismissed.

The visa was rejected on the grounds that we didn't meet the financial requirements of £18600, no other reason was given therefore I take all other documents submitted were ok.

I earn £19k per annum and my salary is paid in cash. Each month I would hold money back for my general expenses about £300 and deposit the balance into my account. I submitted 6 payslips and 6 bank statements and on the application form I mentioned what I was depositing. I did this pure for convenience.

They refused the visa because they said the payslips don't match the bank statements and also because one payslips was dated on a weekend.

After we received the refused I took legal advise and I was advised I should deposit all my salary into my account, which I have been doing ever since.

At the appeal I submitted as evidence six recent payslips, six bank statements showing full salary deposit, P60, letter from HMRC, Student Loan Letter. But the Judge dismissed the appeal because at the time of the original application I wasn't meeting the financial requirements. In the decision the judge has recommended that I could make a fresh application with these documents.

My question is... some of my documents i.e. letter from employer, statuary declarations, accommodation report etc are all dated 2014. Will I need to obtain new documents so they show more recent dates or can I use the docs dated 2014?

Thanks

[Cherrie]

You need to start everything afresh as if you have not applied before. Fresh application, fresh documents to meet the requirements.

[Zee ali]

Hello

My husband applied for his Spouse visa which was rejected, we appealed against the decision and the appeal was dismissed.

The visa was rejected on the grounds that we didn't meet the financial requirements of £18600, no other reason was given therefore I take all other documents submitted were ok.

I earn £19k per annum and my salary is paid in cash. Each month I would hold money back for my general expenses about £300 and deposit the balance into my account. I submitted 6 payslips and 6 bank statements and on the application form I mentioned what I was depositing. I did this pure for convenience.

They refused the visa because they said the payslips don't match the bank statements and also because one payslips was dated on a weekend.

After we received the refused I took legal advise and I was advised I should deposit all my salary into my account, which I have been doing ever since.

At the appeal I submitted as evidence six recent payslips, six bank statements showing full salary deposit, P60, letter from HMRC, Student Loan Letter. But the Judge dismissed the appeal because at the time of the original application I wasn't meeting the financial requirements. In the decision the judge has recommended that I could make a fresh application with these documents.

My question is... some of my documents i.e. letter from employer, statuary declarations, accommodation report etc are all dated 2014. Will I need to obtain new documents so they show more recent dates or can I use the docs dated 2014?

Thanks

Each month I would hold money back for my general expenses about £300 and deposit the balance into my account.


Dont do this when u apply again.(Red Text)

Tell your employer to transfer net income to your bank account. ECO or HO always see cash in hand income bit suspicious. Even u r

paying taxes.

[KIRAN7867]

You need to start everything afresh as if you have not applied before. Fresh application, fresh documents to meet the requirements.

Thanks Cherrie, this is painful because I will need to get a new accommodation report, Land Registry copy, certified copies of passports - All cost a lot of money. I guess I have no choice.

On the fresh application we will need to mention that we were refused and provide the reference number for previous application. But will we also need to mention about the dismissed appeal and provide a copy of the decision?

Thanks

[KIRAN7867]

Hello

My husband applied for his Spouse visa which was rejected, we appealed against the decision and the appeal was dismissed.

The visa was rejected on the grounds that we didn't meet the financial requirements of £18600, no other reason was given therefore I take all other documents submitted were ok.

I earn £19k per annum and my salary is paid in cash. Each month I would hold money back for my general expenses about £300 and deposit the balance into my account. I submitted 6 payslips and 6 bank statements and on the application form I mentioned what I was depositing. I did this pure for convenience.

They refused the visa because they said the payslips don't match the bank statements and also because one payslips was dated on a weekend.

After we received the refused I took legal advise and I was advised I should deposit all my salary into my account, which I have been doing ever since.

At the appeal I submitted as evidence six recent payslips, six bank statements showing full salary deposit, P60, letter from HMRC, Student Loan Letter. But the Judge dismissed the appeal because at the time of the original application I wasn't meeting the financial requirements. In the decision the judge has recommended that I could make a fresh application with these documents.

My question is... some of my documents i.e. letter from employer, statuary declarations, accommodation report etc are all dated 2014. Will I need to obtain new documents so they show more recent dates or can I use the docs dated 2014?

Thanks

Each month I would hold money back for my general expenses about £300 and deposit the balance into my account.


Dont do this when u apply again.(Red Text)

Tell your employer to transfer net income to your bank account. ECO or HO always see cash in hand income bit suspicious. Even u r

paying taxes.

I am now depositing all my monthly salary into my account and have been for past 7 months.

The company is cash rich because most of our customer pay cash on deliver and the owner pays all the staff cash.

For the appeal my solicitor asked my to ring HMRC and get information from then re my salary and tax paid which I submitted at the appeal. The HMRC letter confirmed my £19k salary.

Is it illegal to get cash?

[vinny]

(m) Cash income on which the correct tax has been paid may be counted as income under this Appendix, subject to the relevant evidential requirements of this Appendix.

[KIRAN7867]

(m) Cash income on which the correct tax has been paid may be counted as income under this Appendix, subject to the relevant evidential requirements of this Appendix.

Thanks Vinny - Just to clarify I get paid cash, I get payslips and NI, tax and Student Loan is deducted from my salary. The oversight on my part was I deposited into my account less general expenditure. For the last 7 months I have been depositing my full salary into my account.

We are going to reapply soon but this time I was thing of meeting the Financial Requirements with £19000k income from salaried employment (been with the same employer for 18 Months) and also combine this with £14000k savings of with about £7000 have been sitting in my account for over 6 months.

[Vallee]

I have to say your post is initially very misleading. I assure you that your application was NOT rejected because the amount on your payslips and bank statements did not match. Your application was rejected because you failed to meet the financial requirement in accordance with the rules as the ECO was only able to count the net amount deposited into your bank account (rather than the gross figure on your payslip) in accordance with paragraph 1(n) of appendix FM-SE:

"(n) The gross amount of any cash income may be counted where the person’s specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amount shown on the specified bank statements may be counted."

Paragraph 1(m) may not even be relevant as this is not to say you haven't paid the right amount of tax. The ECO simply did not have enough evidence to verify you were really paid the gross amount.

I have a similar situation with my wife's visa, whereas in our case the payslips and bank statements do not match because of accounting errors (which show a slightly higher net figure) rather than a failure to deposit the full amount. According to your initial post, her application will fail. However, I have made clear in the application to the ECO that he/she must apply paragraph 1(n) and count the net amount deposited into my bank account towards the financial requirement. I lost about 3k which I could have counted but still scraped 19k over 12 months (Category B).

Assuming my employer has paid the right tax (in fact they paid too much due to the payslip error) I expect the to follow paragraph 1(n) and count the net deposited amount. Although I know this rule was created with yours situation in mind the failure to use the word deposit in its wording means that it is not excluded in my situation either.

Will appreciate any more thoughts on this as there is little info out there of this rule being applied




G

[Casa]

This is from last May. Please don't resurrect old threads.