Help me for Spouse and Son Visa Please

Hello
I had applied for my wife and son visa applications to UK high comission in Chennai. My applications has been refused due to not meeting the income threshold requirement under Appendix FM and or the related evidential requirements under Appendix FM-SE.
I showed them 2 jobs one is from NHS gross salaried of 21500 and my second job is from a different company which is less then 6 months in which I showed them 3 months pay slips of £1000 each. The total Gross salary I showed them £23500. I didnt understand the application form and I applied under category A I think. after 3 months of waiting I got following email from UK high comission Chennai:

Your application for entry clearance/leave to remain under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules has been considered, along with that of your son. Your applications fall to be refused solely because you do not meet the income threshold requirement under Appendix FM and or the related evidential requirements under Appendix FM-SE.

You are required to show that your sponsor has met the minimum financial threshold for the sponsorship of two dependents for a minimum period of time.

You sponsor started his secondary employment less than 6 months before you and your son applied as his dependents, you are therefore required to show that he has met the minimum threshold for the previous 12 month prior to your application.

You failed to provide this evidence and were given evidential flexibility to enable you to do so but you did not do so. If your sponsor cannot do so he does not meet the minimum required financial threshold for sponsorship of 2 dependents.

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website.

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.

In the meantime, if you submit any further information or documents relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant periods prior to that date, this will be considered. If, on the basis of this further information or documents, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.

Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (for example, in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.

Yours sincerely,

Still my applications are with them thinking that the court decission will be in our favour but it is taking too much time and its really frustrating me. Now my circumstances has been changed I got 2 jobs one is from NHS which i have been working for 3 years and the other job which i have been working for 3 months. From the both jobs I earned 20K and 24k salary per annum respectively.

Can you please help me what should I do, whether I should wait for the final decission or should I withdraw my application . If I withdraw my application under which category I should reapply for?

It will be appreciated if you reply my queries promptly.

regards
asim

Due to the fact that you need both jobs to meet the requirement and you applied using Cat A, you should have waited until you had 6 months worth of payslips for the 2nd job.

You need to reapply either by using Cat B and 12 months worth of payslips from all employment in that time totalling £22,400 or more OR you can wait until you have been in your 2nd job 3 more months and apply using Cat A and 6 months worth of payslips.

Thank you very much for your prompt reply.

If I reapply using Cat B can you please explain me how it works. I have pay slips from all the employments for 12 months. My first job is from NHS and I have been working for 3 years and I got all the 12 months pay slips total 20k plus. My second job which I was working for ABCD company at the time of first application had 4 pay slips total of 4K, I left this job. Now my current 2nd job salary is 24K per annum which I have been working since 4 months has got pay slips for 3 months total 6K.

12 months pay slips from NHS…………………….20K plus
4 months pay slips from previous second job……..4K
3 Months pay slips from current second job……….6K
Total gross salary in 12 months…….30K plus

Can I apply using Cat B for the above requirements which I have got? Do I have to attach all the pay slips? Do I have to mention my second previous job? If so where should I mention it? Is it on additional information of the form ? can you please help me as I don’t want to loose my money this time .I have already lost £2000 for the first application.

Thank you again for your help

Regards
Asim

I'm very confused.

How can you have 18 months worth of payslips but be saying that's your annual salary?

I have 2 jobs one is part time and the other is full time. I have been working part time in the NHS for 3 years beside that I worked another part time for 4 months then an opportunity came I left my second job and joined another company which i have been working for 4 months now. These all employments are within 12 months period.

I hope I explain you right, and I think you understand it

thank you

can someone reply me please?

thank you very much

god bless you

asimwelcomes wrote:thank you very much

god bless you

If you on hold juat submit latest payslip and p60,I mean 12 months you will get answers with in two weeks after submitting new documents.

How is it possible? they refused me on 13th Nov 2013 till then my application is on hold .. if I send them p60 and pay slips will they accept it? Don't they ask for fresh application?

zeeh wrote:

asimwelcomes wrote:thank you very much

god bless you

If you on hold juat submit latest payslip and p60,I mean 12 months you will get answers with in two weeks after submitting new documents.

How is it possible? they refused me on 13th Nov 2013 till then my application is on hold .. if I send them p60 and pay slips will they accept it? Don't they ask for fresh application?

Applications on hold require further documents to evidence finance at the time of or before application. Sending one more payslip won't be sufficient in evidencing the last 12 months of employment.