Spouse visa refusal

Hello, my wife is Russian, we have sent the spouse visa application in. I recieved this email from imigration.

The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.
>
> Please provide the following documents:
> Please provide wage slip from your sponsor’s employment dated 01/04/2019 plus bank statement which shows that salary for weeks 25/03/2019 and 01/04/2019 has been paid into his account.

The application went in on the 2nd April. The problem I have is with the wage for the 1st April. I have the wage slip, but this one week was paid to me in cash (it doeas say this on the wage slip). This was due to an admin error at work. I have sent them wage slips from the 2nd July 2018, all matching my bank account. There is also a letter sent in from my employer stating my annual wage, permenant employment and so on. Along with a contract of employment.
I have got a letter from my employer stating that this was an admin error and that I was paid cash. It also states the my wage was paid normally into my bank account w/s the 8th April. I have wage slip for this and you can see it going into my bank. The week from the 1st April I actually paid into my account over £600. I get paid weeky and my salary is £25,000 a year.
So just to sum up. I sent wage slips from 2nd July 2018 to 1st April 2019. The last one was paid cash. Is this going to mess the whole thing up.?
Thanks for any advice
Bri

You must have deposited the cash wages in full into bank account and it should match exactly with the payslip. If you haven't deposited it in full then it won't be considered. Just supply them whatever they have asked without any delay even you have already provided them.

Hello, thanks for your reply. As I say the very last payslip was paid cash, an error by my employer. I paid in over £600 that week (more than my wage) but it was not exactly the £392 that normally goes in. This is the words that my employer has written

"I am writing to answer a query about Mr xxxxx wage from the week starting 1st April 2019
Due to an error on our part Mr xxxxx was not paid into the bank but paid in cash. His wage was paid by BACS as normal the week after (8th April 2019)

I also confirm again that he has been employed by us since the 2nd July 2018. With an annual wage of £25,000 and his employment is permanent. "

This is a mistake on thier part and was out of my control. It cannot be right that the whole application will be thrown out because of a mistake my employer has made? I you totally ignor the last weeks wage, my wage is still well over the £18,600 needed
Out of my mind with worry.....
Thanks
Bri

brianrigby842 wrote: ↑

Wed Jul 10, 2019 7:20 am

but it was not exactly the £392 that normally goes in.

If your correct weekly wages is £392 and you have banked it all then along with your employer letter might work.

I really hope it does the job. After all this expense and effort, the whole thing can go wrong because of someone else’s mistake. I also did a statement explaining what had happened as follows :-

"This short statement is to explain to you why my wage was not paid into the bank week starting 1/4/2019.
I have sent you a letter which I asked my employer to write. It explains that my wages where paid cash that week due to an error. (The wage slip does say “cash” for that week). This is something beyond my control. However, my wages where paid into the bank the following week as they usually are. I have sent you a wage slip for the 8th April and you can see on the bank statement the wage going in as normal.
I would also like to point out that between April 1st and 7th I did in fact pay into my account £668.44 some of this did come from my wages. Also I would like to say that if you decided not to count
April 1st weeks wages, my income is still above the £18,600 required.
This was beyond my control and was an error my employer made. I hope this explains why this happened, but if you have any question please do not hesitate to contact me.
Thanks for your time."

What else can I do, Any week this could have happened but this one !!!!
Bri

If you are working with your employer from at least 6 months then under category A yes you can request them to not to consider your cash wages on 1st April because you can meet the requirement even without it.

I did not know that. I worked there since July 2nd and yes I do meet the requirment without this last wage slip. Thank you so much for that.
Bri

Hello, I wonder if you could help with this please. I provided all the wage slips needed for application, my wage was £25,000 pa. It was only a small company I worked for but it got into financial trouble. To cut a long story short they never paid tax and nic to HMRC (though it was taken from my wages) So the visa has been refused because of this. A new company has taken over this week, but my wage is redused to £18,500. I also have a small teachers pension of £1200 pa. What course should I take to further a spouse visa application. They did phone my employer and they confirmed all the details before they went bust. What should I do?
Thanks
Bri

Sorry to be a pain. Could I also ask would she be able to get visitors visa while this mess is sorted ? She is Russian, she has a job and owns property there. She has been to UK on 5 occasions and visited many other country including Canada and the US. She has never over stayed on any visa.
Sorry to be a pest, but out of my mind with this
Bri

brianrigby842 wrote: ↑

Wed Oct 02, 2019 6:16 am

Sorry to be a pain. Could I also ask would she be able to get visitors visa while this mess is sorted ? She is Russian, she has a job and owns property there. She has been to UK on 5 occasions and visited many other country including Canada and the US. She has never over stayed on any visa.
Sorry to be a pest, but out of my mind with this
Bri

Unlikely she will get a visitor visa now after a spouse visa refusal.

brianrigby842 wrote: ↑

Wed Oct 02, 2019 6:16 am

Sorry to be a pain. Could I also ask would she be able to get visitors visa while this mess is sorted ? She is Russian, she has a job and owns property there.

It doesn't matter if she has ties to her home country, she already demonstrated her intention to settle in the UK by applying for a spouse visa, therefore a case worker may think there's a chance of overstaying.

The following is purely what my solicitor advised when I got a refusal: I was told that traveling to the UK as a visitor (even if your wife gets a visa), there's a high risk of getting a refused entry clearance by the officer at UK border control at the airport due to the same reasons: officer may suspect the individual isn't a genuine visitor and wants to overstay. A refusal is followed by deportation. Now, I don't know how likely this is and surely I didn't want to test it, so I never tried. However, I do recall another forum member whose visa was rejected and still entered to the UK without any issues.

It's entirely up to you, but why don't you travel to Russia instead?

brianrigby842 wrote: ↑

Wed Oct 02, 2019 6:09 am

. A new company has taken over this week, but my wage is redused to £18,500. I also have a small teachers pension of £1200 pa. What course should I take to further a spouse visa application.

You can meet the requirement with your new income by combining it with pension. But in my view you would have to wait until you complete 6 months with present employer under category A because you may not use your previous income if you chooses to apply under category B which UKVI already hasn't considered due to tax issues.

Sorry to be ignorant what is category B? I find it so confusing.......
Thanks to everyone
Bri

The reason I dont travel to Russia, is I have a second self employed job delivering cars. This is actually a good seond income, I dont use it for visa application because it is self emloyed and that is yet another nightmare. But if I dont work I dont get paid and at present I need every penny I can get.
Just another question if anyone can answer, if I wait for another 6 months pay slips, it brings me to the exact date when I start getting my state pension. Do I have to recieve that for 6 months before I can use it as income for visa?

brianrigby842 wrote: ↑

Wed Oct 02, 2019 7:04 pm

Sorry to be ignorant what is category B? I find it so confusing.......
Thanks to everyone
Bri

Category B means if you are working with your present employer from less than 6 months. In that case you will have to attach 12 months of payslips and bank statements instead 6 months.

I have this, but will they count the previous pay slips as my employer never paid in the tax? I will have one monthly wage slip with new employer.
Thanks so much
Bri

brianrigby842 wrote: ↑

Thu Oct 03, 2019 7:52 pm

I have this, but will they count the previous pay slips as my employer never paid in the tax? I will have one monthly wage slip with new employer.
Thanks so much
Bri

seagul wrote: ↑

Wed Oct 02, 2019 12:55 pm

But in my view you would have to wait until you complete 6 months with present employer under category A because you may not use your previous income if you chooses to apply under category B which UKVI already hasn't considered due to tax issues.

Hello again..... I have a small teachers pension. I need it to make up my income to do a new application.
How do I prove the income for this pension?
In a few weeks I start to recieve my state pension.
How long before I can use this to make up proved income. As it is a state pension surly you do not have to revieve it for 6 months?

Thanks in advance
Bri

brianrigby842 wrote: ↑

Fri Jan 17, 2020 8:03 pm

Hello again..... I have a small teachers pension. I need it to make up my income to do a new application.
How do I prove the income for this pension?
In a few weeks I start to recieve my state pension.
How long before I can use this to make up proved income. As it is a state pension surly you do not have to revieve it for 6 months?

You would be correct. See Section 8 from page 56 of the guidance document linked below for details on how to include pension income in the financial requirement. If the pension has become a source of income at least 28 days prior to the application date, you can count the annual amount received towards the financial requirement under Categories A and B and any amount received in the 12 months prior to the application date can be used towards the total income requirement of Category B. The specified evidence for this income is official documentation from the pension provider confirming the pension entitlement and amount as well as at least one personal bank statement from the 12 months prior to applying showing the pension payment into your account.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Brian,

I am no expert, but I would say you have grounds to appeal that decision, you can't help the fact that your employer did not pay the NI or tax for you, that is between them and the IR to fight over. I would speak to a lawyer, mine was excellent, so if you want to PM me I will let you have his details. I am sure you could chat the case over with him.

It is a lot less expensive than re-applying and took less time to do too. Maybe I am missing something here, but you seem to be right in my opinion that you should not be penalised for your employer.

THO

THO wrote: ↑

Mon Jan 20, 2020 9:14 am

Brian,

I am no expert, but I would say you have grounds to appeal that decision, you can't help the fact that your employer did not pay the NI or tax for you, that is between them and the IR to fight over. I would speak to a lawyer, mine was excellent, so if you want to PM me I will let you have his details. I am sure you could chat the case over with him.

It is a lot less expensive than re-applying and took less time to do too. Maybe I am missing something here, but you seem to be right in my opinion that you should not be penalised for your employer.

THO

The member doesn't have sufficient posts to be able to receive or send PMs.