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Further LTR FLRM Refused last week, shall I appeal R reapply

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qasmal
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Further LTR FLRM Refused last week, shall I appeal R reapply

Post by qasmal » Mon Jun 13, 2016 4:53 pm

Hello,

Really hope someone can help me out with this.

I made the FLRM application for my missus on 09/04 two months ago before her spouse visa expires. The application was refused last week 06/06 by Home Office solely due to them saying financial requirement evidence is considered not met even though I earn well over the required amount.

https://drive.google.com/folderview?id= ... sp=sharing


I have couple of questions as below:

1. What grounds (Act or Article Number or Exact words would be really appreciated) should I use for the appeal?
2. Can I make a new application??
3. What are my chances of winning the appeal with the below reply I have in mind?

They sent us a letter after we submit the application asking us to provide last few months statements, employment letter, tax code notice, p60 etc but I didn't have enough time given (6 working days) to request a TAX return from HM Revenue (it takes 2 weeks at least).

The reply I have in mind for the appeal is below (Any suggestion will be appreciated).

1. The total income showing on P60 only covers my income with the new employer (Jan 16 to April 16). unfortunately my employer didn't inculde my previous P45 income details on my P60. I have requested a letter from HM Revenue confirming my last 2 years total income and tax which will surely proof them that I meet the financial requirements. I will also provide my last employment P45 as a proof

2. Home office requested further information from me including my last few months bank statements. The statements I have sent them were actually sent to me by my bank but I think my bank have only emailed me last 5 months printouts which I forwarded to Home office (I have made a complaint with my bank and requested a letter confirming the statements was sent by them and not purporting by us.)

3. I have sent them my last employment contract, payslips, bank statements and even Tax code notice showing I have 2 jobs in year 2015-2016 but they have totally ignored those proof and information?

4. I don't understand their point about my Payslips because I have emailed them last 1 year payslips (including Jan to March payslips of my new current employment and I even sent April and May Payslips from my current employer when they requested further information)?

5. Probation period. I have yet to work in a firm which doesn't have a 3 month probation period? My contract does says my employment is continuous and on another page it mentioned it is subject to probation period but what different does it make? The letter they are referring too actually confirms that I have successfully completed my Probation Period!


Any Advise will be highly appreciated


Thank you

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CR001
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Re: Further LTR FLRM Refused last week, shall I appeal R rea

Post by CR001 » Mon Jun 13, 2016 6:21 pm

Can you list exactly what supporting documents you submitted (all of them).
2. Home office requested further information from me including my last few months bank statements. The statements I have sent them were actually sent to me by my bank but I think my bank have only emailed me last 5 months printouts which I forwarded to Home office (I have made a complaint with my bank and requested a letter confirming the statements was sent by them and not purporting by us.)
Are you saying your bank emailed them and you printed them out?? This would not be acceptable if that is the case.
4. I don't understand their point about my Payslips because I have emailed them last 1 year payslips (including Jan to March payslips of my new current employment and I even sent April and May Payslips from my current employer when they requested further information)?
Who did you email? How did you get them, on email/online?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qasmal
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Re: Further LTR FLRM Refused last week, shall I appeal R rea

Post by qasmal » Mon Jun 13, 2016 7:39 pm

CR001 wrote:Can you list exactly what supporting documents you submitted (all of them).

I have submitted the following documents with the application

Marriage Certificate
IELTS Certificate
Correspondence documents
Last Employments Payslips (June 2015 to December 2015)
Current Employment Payslips (Jan 16 to March 16)
Bank Statements (June 15 to 20 Jan 2016)
Tax Code Notice from HM Revenue & Customs

I have also send the following documens when Home Office requested further documents last month.

P60 2014-2015 (Total Income were above the required limit)
P60 2015-2016 (This only showed my income with my current employer Jan 16 to April 16)
House Mortgage Statements
Last and Current Employment Contracts with Probation Period confirmation letters
Bank Statements (4 Jan 16 to 18 May 16)
Current employment payslips (April 16 and May 16)
2. Home office requested further information from me including my last few months bank statements. The statements I have sent them were actually sent to me by my bank but I think my bank have only emailed me last 5 months printouts which I forwarded to Home office (I have made a complaint with my bank and requested a letter confirming the statements was sent by them and not purporting by us.)
Are you saying your bank emailed them and you printed them out?? This would not be acceptable if that is the case.


UKVI asked me to provide last 5 months Bank statements so I order the statements through Bank automated system via Telephone Banking. They were sent to me by post by my bank so I never had any doubts about the statements. UKVI is saying that they are printouts (they doesn't look like the regular statements though) and we tried to purport those statements, I have already made a complaint with my bank and I am hopeful that they can send me a letter confirming that they were sent by them.

Bank didn't emailed it to me, it was sent to me by post (I am sorry for the typing error, Please ignore the email part).



4. I don't understand their point about my Payslips because I have emailed them last 1 year payslips (including Jan to March payslips of my new current employment and I even sent April and May Payslips from my current employer when they requested further information)?
Who did you email? How did you get them, on email/online?
Appologies, I made another typing error. I have sent last 1 year (June to 15 to May 16 see above) payslips to UKVI and I am not sure why they raised those two Payslips point on the refusal letter??

last employment payslips was sent to me in email form which I provided to UKVI (Printout) with Bank statements and employment contract
Current employments payslips are sent to me in post and I have provided the originals with Employment contract and Bank Statements.

I am also not sure why did they ignored my last employment payslips, employment contract and original Bank statements that showed I was earning more than the required amount set in FLRM? They also ignore the two HM Revenue Tax Code Notice which clearly says the Employer names and my codes for 2015-2016

I am going to provide my last two years Total Income and Tax Paid confirmation letter from HM Revenue and Customs along with last 5 months Bank statements authorise by the bank. These two will prove that I have not lied or provided any wrong information on the application. Do these documents will be accepted by the Tribunal for consideration?

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CR001
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Re: Further LTR FLRM Refused last week, shall I appeal R rea

Post by CR001 » Mon Jun 13, 2016 7:44 pm

qasmal wrote:I have submitted the following documents with the application

Last Employments Payslips (June 2015 to December 2015)
Current Employment Payslips (Jan 16 to March 16)
Bank Statements (June 15 to 20 Jan 2016)
This is a problem. You should have submitted 12 months payslips if you are relying on two jobs in addition to the corresponding bank statements.
P60 2014-2015 (Total Income were above the required limit)
P60 2015-2016 (This only showed my income with my current employer Jan 16 to April 16)
HO are not interested in P60's, they want payslips and bank statements for 12 months if you have had two different jobs.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qasmal
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Posts: 3
Joined: Mon Jun 13, 2016 4:02 pm

Re: Further LTR FLRM Refused last week, shall I appeal R rea

Post by qasmal » Mon Jun 13, 2016 7:52 pm

CR001 wrote:
qasmal wrote:I have submitted the following documents with the application

Last Employments Payslips (June 2015 to December 2015)
Current Employment Payslips (Jan 16 to March 16)
Bank Statements (June 15 to 20 Jan 2016)
This is a problem. You should have submitted 12 months payslips if you are relying on two jobs in addition to the corresponding bank statements.
P60 2014-2015 (Total Income were above the required limit)
P60 2015-2016 (This only showed my income with my current employer Jan 16 to April 16)
HO are not interested in P60's, they want payslips and bank statements for 12 months if you have had two different jobs.
I am confused because the points they raised on the refusal letter are on

1 P60
2. Employment Contract
3. Bank statements (Jan 16 to Marh 16)
4. April 16 and May 16 (Not sure of this point)
5. P60 again

What are our options? appeal and provide documents or reapply?. Her visa expires in last month so if we doesn't appeal do we still have the right to reapply?

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