MY SPOUSE'S VISA REFUSED due to 28 day rule & Academic IELTS

Please advise if it is worth appealing this decision or a fresh application would be a better way to go, I have already paid £2400 (Fee + IHS+ Postage etc )

Date of Online application Submitted : 29th Oct 2017
Supporting documents posted to HO Sheffield : 14th Nov 2017
Supporting documents received by HO Sheffield : 16th Nov 2017

Refusal letter date : 22nd Jan 2018
1st Reason for refusal as per letter:
"You made your application on 29 October 2017. The latest payslip you have provided which was issued before this date is dated 29 September 2017. This is over 28 days prior to your date of application. Paragraph 1(I) of Appendix FM-SE states that financial evidence which is required to end with the date of application must cover a period which ends no more than 28 days prior to the application date. In this case, your sponsor's payslips cover a period ending more than 28 days before your date of application. I note that you have submitted a payslip dated 31 October 2017 but this was issued after the date you applied.
You have therefore failed to provide the required documents relating to your sponsor's employment. These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
"

With this app I provided payslips from 31st Oct 2016 to 31st Oct 2017.My company issues payslips on the 30/ 31st of every month but on September 2017 last working day was the 29th on account of a weekend, They have not considered my OCt 31st payslip because it is after date of online application.

My question is since I work as an IT consultant on a daily rate but receive the salary end of every month can I appeal against this with a letter from my company stating how much I would have earned as my daily rate up till date of online application i.e. 29th Oct 2017

2nd Reason for refusal as per letter:
"Eligibility English Language Requirement You do not meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
You are not exempt from the English language requirement under paragraph E-ECP.4.2. You state that you meet the English language requirements of Appendix FM through having passed an English language test. As evidence of this you have provided an IELTS certificate. This certificate is for a test which is not listed in Appendix 0 to the Immigration Rules and which has not been accepted for use in applications made under Appendix FM since April 2015. Consequently, I am not satisfied that you have passed an English language test (to Al Level of the Common European Framework) with a provider approved by UK Visas. I am not satisfied that you are a national of a majority English speaking country listed in paragraph GEN 1.6 or that you hold an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK, which was taught in English. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.4.1)
"

I am really confused by this part, my wife gave academic IELTS as a prerequisite for PLAB 1 , as she wants to practice medicine here , we used the same IELTS certificate but it appears this highest level of IELTS is not acceptable and there seems to be some other lower versions . Is this decision correct because Academic IELTS is listed in Appendix O

Any guidance of appeal or not to appeal would be appreciated.

Regards

MS

1. See also 21.

2. If the English test was listed in Appendix O, then they should have accepted it.

you really have a bad luck because just from 2 days difference you couldn't be able to demonstrate the satisfactory financial threshold although you must be able to meet it. And regarding english language it has been repeatedly suggested to only do the test as mentioned on HO list. In my opinion re-applying is the best solution and appealing will be the waste of time especially against the refusal of more than 28 days older financial documents because HO don't care about the individual employer pay date rather they follow their own guideline.

Thank you for your replies

I suppose reapplying would be the best course of action as the appeal route may go either way, Do I have to repay the NHS health surcharge as well, on the website it says it will be refunded , in that case do I need to wait for it to be refunded before making the next application?

Regards

MS

Don’t wait if the applicant is an overstayer and subject to 39E.

The applicant is not in UK yet.

Regards

MS

The applicant is not in UK yet, the reason I ask is that I do not want to mess up the refund if I reapply, need some money back at least because I will be spending £4600 in total of for this application rather then £2300.

If they refuse again I will apply again ,because my life's purpose is to be HO cash cow , and contribute to their wonderful statistic refusal rate of 75%


Costly lesson learnt , others online should read and take heed , the fight continues

Regards

MS

" We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender" - said some immigrant who lived in India and South Africa

i12b3, did your wife write her IELTS for UKVI Academic number in the application?

No , The academic IELTS certificate does not contain a UKVI ref number.

i12b3 wrote: ↑

Mon Jan 29, 2018 3:39 pm

" We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender" - said some immigrant who lived in India and South Africa

Not to mention that that person was born to an American mother.

i12b3 wrote: ↑

Mon Jan 29, 2018 3:39 pm

their wonderful statistic refusal rate of 75%

Your statement is incorrect for two reasons.

Firstly, mathematically, based on the document linked to, the refusal rate is 57%, not 75%.

Secondly, that refusal rate is for visit visas from Pakistan, a narrower category and one that would not include your application for a spouse visa. Spousal visas generally tend to be granted, provided the paperwork is in order and the Rules have been followed.

Also see this post by Victor1980, whose British passport application was refused after he became a British citizen.

For all those who go through an ordeal such as this in future, I'd like to say that think of the Home Office as a slight slow organisation but one that understands and follows process. So if you are in a logjam, try and first understand the process they use and then try to figure what would help the Home Office decide. Very early on, this forum was able to point out the Deprivation process and it was the start of my own research on the Home Office processes. It helped me realise that the legal process is costly and futile (at least my specific case). It also helped me understand how the Home Office would go about addressing my issue and exactly what information was needed by them and what escalation process to use. Eventually, by simply following process, I was able to get there in the end.