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Spouse visa refusal

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Nabeel121
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Spouse visa refusal

Post by Nabeel121 » Wed Nov 13, 2019 9:29 pm

Application Category: Settlement Visa for Spouse (Husband)
Priority level: Non-Priority
Location: Islamabad, Pakistan
Application submitted (Online): 20/05/2019
All Supporting documents uploaded by solicitor on 29/05/2019
Biometrics Enrolled: 29/05/2019
Email Received from UKVI for consideration by
ECO: 19/06/2019
Additional Information (including any dates) if Applicable: N/A
Not Straightforward email received on: 30/08/2019
Escalated case on 26/09/2019
Received email on 09/10/19 to say case is not straightforward and they are working on the case, no timescale for decision.
Contacted for Collection: Emailed 14/10/19
Collection made: 15/10:19 - REFUSED

The visa was refused under financial requirements. I earn £18,000 annually + taxable bonus. Within 6 months I earned £10,000 which showed I earned £20,000 for the year. I presented 6 months worth of payslips and bank statements but was refused as the ECO got in touch with HMRC. The refusal was based on an earning of £16,700 over a 17 month period?
First of all, I have only been working since October 2018 so I don’t know where they have got the 17 month period from - I’m assuming they started from tax year April 2018 until October 2019.
Second of all, I have been working for OVER 6 months and based on the guidelines it’s based on 6 months payslips/bank statements so there’s no way they can judge this on a 17 month period.

I have appealed on 22/10/19 and I’m really nervous. Anyone going through a helpless situation like mine?

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seagul
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Re: Spouse visa refusal

Post by seagul » Wed Nov 13, 2019 9:36 pm

Only the earning from the last 6 months will matter. Refusal seems totally wrong if your employer kept your tax deductions and earnings fully updated with HRMC.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Nabeel121
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Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Wed Nov 13, 2019 11:17 pm

Hi Thankyou so much for the reply. Yes my employer has kept everything updated with HMRC - I work with many colleagues who have had successful visas in the past so I’m hoping for an overturn during the appeal review. Fingers crossed

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KristianDLloyd
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Re: Spouse visa refusal

Post by KristianDLloyd » Wed Nov 13, 2019 11:25 pm

Nabeel121 wrote:
Wed Nov 13, 2019 11:17 pm
Hi Thankyou so much for the reply. Yes my employer has kept everything updated with HMRC - I work with many colleagues who have had successful visas in the past so I’m hoping for an overturn during the appeal review. Fingers crossed
Within the 6 months you have relied upon, was your gross pay always >1,550pcm?

Application Type: Settlement, Fiancé
Application Date: 26 June 2019
Decision Date: 29 August 2019
Decision: Granted

Application Type: FLR(M)
Application Date: 23 October 2019
Decision Date: 28 October 2019
Decision: Granted

Nabeel121
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Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Wed Nov 13, 2019 11:32 pm

Due to my bonus I would always get paid different per wage, I get paid 2 weekly so I submitted 26 weeks worth of wage slips which added up to £10,000 for the 6 months. This would equal to £20,000 for the year which is clearly exceeding the amount they require. My colleagues have used the same method which led to successful visa applications but the calculation method used for my application is quite evidently wrong so I’m hoping for the overturn...

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KristianDLloyd
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Re: Spouse visa refusal

Post by KristianDLloyd » Thu Nov 14, 2019 12:19 am

Nabeel121 wrote:
Wed Nov 13, 2019 11:32 pm
Due to my bonus I would always get paid different per wage, I get paid 2 weekly so I submitted 26 weeks worth of wage slips which added up to £10,000 for the 6 months. This would equal to £20,000 for the year which is clearly exceeding the amount they require. My colleagues have used the same method which led to successful visa applications but the calculation method used for my application is quite evidently wrong so I’m hoping for the overturn...
Are you salaried or non-salaried?

Application Type: Settlement, Fiancé
Application Date: 26 June 2019
Decision Date: 29 August 2019
Decision: Granted

Application Type: FLR(M)
Application Date: 23 October 2019
Decision Date: 28 October 2019
Decision: Granted

Nabeel121
Newbie
Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Thu Nov 14, 2019 12:38 am

Non salaried..

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KristianDLloyd
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Re: Spouse visa refusal

Post by KristianDLloyd » Thu Nov 14, 2019 1:35 am

Nabeel121 wrote:
Thu Nov 14, 2019 12:38 am
Non salaried..
Have you checked your tax and NI contributions through your Government Gateway account? You can view the information provided by your employer to HMRC in your account.

Application Type: Settlement, Fiancé
Application Date: 26 June 2019
Decision Date: 29 August 2019
Decision: Granted

Application Type: FLR(M)
Application Date: 23 October 2019
Decision Date: 28 October 2019
Decision: Granted

Nabeel121
Newbie
Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Thu Nov 14, 2019 11:23 am

Hi yes I have, everything in regards to my tax and NI contributions are all up to date and correct. The decision has purely been based on April 2018-October 2019 which makes no sense at all.

TODMATT
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Re: Spouse visa refusal

Post by TODMATT » Thu Nov 14, 2019 5:20 pm

Are you able to post the refusal please?
My opinions should not be constituted as an immigration or legal advice.

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seagul
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Re: Spouse visa refusal

Post by seagul » Thu Nov 14, 2019 8:12 pm

Nabeel121 wrote:
Thu Nov 14, 2019 11:23 am
Hi yes I have, everything in regards to my tax and NI contributions are all up to date and correct. The decision has purely been based on April 2018-October 2019 which makes no sense at all.
Usually such confusions also arise due to attaching P60 or unnecessary payslips or an employer letter without mentioning overtime/bonus and for which several times have been advised earlier in numerous posts. Also especially for none-salaried person presenting the calculations by yourself as how you are meeting the financial requirement either in covering letter or in additional info section of the application form is always best.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Nabeel121
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Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Thu Nov 14, 2019 8:16 pm

Visa was refused under section 1.3

You have stated you can meet the financial requirements through your sponsors employment. As evidence of this you have provided an employment letter which states your sponsor has been employed with this company since October 2018 and is earning £18,012.

Whilst this has been taking into consideration, further home office checks have been taken out with HMRC which confirm your sponsors earnings at this company we not as claimed. From the period of April 2018 until today (October 2019) your sponsor has an income of £16721 which does not meet the criteria.

I’ve only been working there since October 2018 so how can they base it on a 17 month period. All my tax and NI contributions are all correct and up to date so I don’t understand why they took this route of calculation when the guidelines say they have to base it on 6 months worth of wage slips and bank statements if you have been working at your workplace 6+ months.

Nabeel121
Newbie
Posts: 41
Joined: Wed Oct 09, 2019 8:00 pm

Re: Spouse visa refusal

Post by Nabeel121 » Thu Nov 14, 2019 8:17 pm

seagul wrote:
Thu Nov 14, 2019 8:12 pm
Nabeel121 wrote:
Thu Nov 14, 2019 11:23 am
Hi yes I have, everything in regards to my tax and NI contributions are all up to date and correct. The decision has purely been based on April 2018-October 2019 which makes no sense at all.
Usually such confusions also arise due to attaching P60 or unnecessary payslips or an employer letter without mentioning overtime/bonus and for which several times have been advised earlier in numerous posts. Also especially for none-salaried person presenting the calculations by yourself as how you are meeting the financial requirement either in covering letter or in additional info section of the application form is always best.

Let’s just hope for the best.

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