Hi everyone
Thank you in advance looking at it. URGENT REPLY PLEASEEE!
I have an ILR and applied for settlement visa for my family in June 2015 and refused in october 2015.
1:wife
2: 6months old son
3: 4 years old daughter
I am working at two places. One is my main Job and the other one is a part time permanent Job. The following are the reasons for the refusal
1: The final payslips of 2014/2015, dated 05/04/2015, gives a year-date taxable pay figure of £1080.However, the HMRC checks showed that a total declared pay from this employment (2nd job part time) is £540 my employer has declared it £1080(I contacted the accountant he sent out a letter with all evidences of payments and request HMRC to update their system as the HMRC record does not match his one). Spoke to HMRC they said that they will get back to me before 22nd of December or may be quicker. But I have only a couple of weeks left to lodge an appeal.
2: English test which my wife passed in 2014 and it is still valid. Home office claimed that is is not available on their online system. (I requested the for certifying statements, which I should receive next week inshallah.
3: My second job salary was cash in hand and on monthly bases. I was putting cash in every month in to my account but with no reference as my bank do not give any reference for cash. (I took a letter from them to confirm that and I had sent that off to the home office when i was submitting the paper work) But yet the ECO considered this as one of the reason for the refusal as nothing appears on my bank statement that the money is coming in to my account from the second job. (this was explained prior to submitting the applications)
4: In addition, I was supposed to put £216 (for my 2nd job) in to my account but instead I was putting £220 instead, as this was easier for me and my solicitor had made this cleared prior to submitting the applications. But this became another reason for my refusal.
5: when I went to submit the applications in Pakistan, I went for a bit longer, So I took unpaid holidays from my 2nd job and my salary ceased for my 2nd Job after the submission of the applications. The ECO claimed that the job was not genuine it was just to meet the financial requirements. But I had re-stated as soon as I came back that was way before the ECO made his decision. I had enough money so I went to visit my family as I had only 2 months old baby. SO i wanted to spend some time.
6: 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.
Therefore, only the amounts deposited into your sponsor's bank account over the relevant 6-month period can be considered towards his total income-not the gross figures stated on his payslips. If this is considered, regarding the 2nd Job and the net pay figures shown on he payslips for the main Job, your sponsor's income over the 6- months period is below the required income threshold level. (THIS IS WHAT I DO NOT UNDERSTAND, WHAT DO THEY MEAN)
My total salay, gross income annually: £25,240
Could you please help me as I am going to lodge SN appeal myself in the next almost 2 weeks. In other words is it wise to lodge an appeal or is it going to be just waste of time and money. Furthermore, I am not ready yet for fresh application.
I want to write a good letter. therefore, your support will be very much appreciated.
Thank you very much.
Ismail
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