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Settlement dependent visa Refused

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prawin2506
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Settlement dependent visa Refused

Post by prawin2506 » Tue Nov 18, 2014 4:52 pm

hello
my wife's visa has been rejected on not meeting the financial requirement of 18,600 per annum.

i have been to india for 3 months ie april may and june for my marriage, after returning back to uk i went for ILR which been granted on 5th september 2014.during the months i been in india i got paid for my overtime and holiday allowances , MAYpaid 182 pounds and june i got paid 327 pounds as my salary,
with my wifes application i have submitted the recent 6 months payslips from March- August 2014,with the company letter stating my empolyment status and joining date (IT DIDNT MENTION MY ANNUAL SALARY ON IT) and my designation.
i have provided the 6 months bank statements as salary proof from dating 14/03/2014 to 01/09/2014, these dates cover all my 6 months salary pay dates. IN THE REJECTION HE MENTIONED THAT I HAVENT PROVIDED THE REQUIRED 6 MONTHS BANK STATEMENTS

with the salaries i provided for that 6 months he calculated my annual salary as 13198.57 and REFUSED THE APPLICATION
THEY MENTIONED RIGHT TO APPEAL ON SECTION 82(1),
CAN YOU GUYS PLEASE SUGGEST ME WHETHER I SHOULD APPEAL AGAINST THE DECISION OR MAKE A FRESH APPLICATION ALLTOGETHER

MANY THANKS,
prawin

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Tue Nov 18, 2014 6:24 pm

How did you expect her application to succeed, if your salary is below 18,600 per annumn?
Smooth seas do not make skilful sailors

mani88
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Re: Settlement dependent visa Refused

Post by mani88 » Tue Nov 18, 2014 8:35 pm

prawin2506 wrote:hello
my wife's visa has been rejected on not meeting the financial requirement of 18,600 per annum.

i have been to india for 3 months ie april may and june for my marriage, after returning back to uk i went for ILR which been granted on 5th september 2014.during the months i been in india i got paid for my overtime and holiday allowances , MAYpaid 182 pounds and june i got paid 327 pounds as my salary,
with my wifes application i have submitted the recent 6 months payslips from March- August 2014,with the company letter stating my empolyment status and joining date (IT DIDNT MENTION MY ANNUAL SALARY ON IT) and my designation.
i have provided the 6 months bank statements as salary proof from dating 14/03/2014 to 01/09/2014, these dates cover all my 6 months salary pay dates. IN THE REJECTION HE MENTIONED THAT I HAVENT PROVIDED THE REQUIRED 6 MONTHS BANK STATEMENTS

with the salaries i provided for that 6 months he calculated my annual salary as 13198.57 and REFUSED THE APPLICATION
THEY MENTIONED RIGHT TO APPEAL ON SECTION 82(1),
CAN YOU GUYS PLEASE SUGGEST ME WHETHER I SHOULD APPEAL AGAINST THE DECISION OR MAKE A FRESH APPLICATION ALLTOGETHER

MANY THANKS,
prawin

i belive ur salary was 1300 for six months..but u should provide annual salary on employment letter, also u provided five and half months bank statement!!!!!! u need six months!! the reason to reject was valid..u should make a fresh application

mani88
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Re: Settlement dependent visa Refused

Post by mani88 » Tue Nov 18, 2014 8:37 pm

prawin2506 wrote:hello
my wife's visa has been rejected on not meeting the financial requirement of 18,600 per annum.

i have been to india for 3 months ie april may and june for my marriage, after returning back to uk i went for ILR which been granted on 5th september 2014.during the months i been in india i got paid for my overtime and holiday allowances , MAYpaid 182 pounds and june i got paid 327 pounds as my salary,
with my wifes application i have submitted the recent 6 months payslips from March- August 2014,with the company letter stating my empolyment status and joining date (IT DIDNT MENTION MY ANNUAL SALARY ON IT) and my designation.
i have provided the 6 months bank statements as salary proof from dating 14/03/2014 to 01/09/2014, these dates cover all my 6 months salary pay dates. IN THE REJECTION HE MENTIONED THAT I HAVENT PROVIDED THE REQUIRED 6 MONTHS BANK STATEMENTS

with the salaries i provided for that 6 months he calculated my annual salary as 13198.57 and REFUSED THE APPLICATION
THEY MENTIONED RIGHT TO APPEAL ON SECTION 82(1),
CAN YOU GUYS PLEASE SUGGEST ME WHETHER I SHOULD APPEAL AGAINST THE DECISION OR MAKE A FRESH APPLICATION ALLTOGETHER

MANY THANKS,
prawin

i belive ur salary was 1300 for six months..but u should provide annual salary on employment letter, also u provided five and half months bank statement!!!!!! u need six months!! the reason to reject was valid..u should make a fresh application

prawin2506
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Joined: Mon Jul 07, 2014 1:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Tue Nov 18, 2014 10:02 pm

thank you Obie and mani88 for ur responses ,
i am in an employment of hourly paid job (weekly 36 hours contract) , if i get an employment letter with annual salary it will be only 15000 per annum, but my previous p60 for 2013/14 is around 23,900 including the over time and bonus , if a get an aggregate of 12 months salary from the date of application that is aug2014--sep 2013 is more than 21,000, does any of these will support my case,
I can get a letter from the employment stating my previous annual salary for the period of SEP2013 --AUG2014 as 21,000
as i am in india for about 3 months, these is where i got paid less ,

many thanks
prawin

batleykhan
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Re: Settlement dependent visa Refused

Post by batleykhan » Tue Nov 18, 2014 10:16 pm

Its the earning you earned in the 6 months prior to the application that counts, not from previous year.Your gross earnings would need to be around £1550 per month or £388 per week for those 6 months. You time your gross for those 6 months by 2 to give you ab annual salary .

The above figures have to be consistent for the 6 months, otherwise they may work out your gross wage on the LOWEST PAY in this period

Wanderer
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Re: Settlement dependent visa Refused

Post by Wanderer » Tue Nov 18, 2014 10:17 pm

Then you should have provided 12 months payslips etc if I understand your situation correctly.....
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Tue Nov 18, 2014 10:21 pm

Earning over 12 months will be relevant under Category B. However the person will need to show not only the fact that their earnings over a 12 months period is 18,600 or over, but also that their current gross annual earning is , if calculated over a 6 months period, will amount to 18,600.


He may have met the first part of CAT B, but not the second.
Smooth seas do not make skilful sailors

prawin2506
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Re: Settlement dependent visa Refused

Post by prawin2506 » Tue Nov 18, 2014 11:58 pm

Thank you everyone for u replies and much appreciated ur help
moving forward , after going through the financial requirement in the ukba website
can I provide last 12 months payslips(Nov 2014-15 2023 ) in the fresh application, which meets the financial requirements for 18600, will the case worker consider these criteria
many thanks
prawin

prawin2506
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Posts: 29
Joined: Mon Jul 07, 2014 1:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 12:00 am

Thank you everyone for u replies and much appreciated ur help
moving forward , after going through the financial requirement in the ukba website
can I provide last 12 months payslips(Nov 2014-dec 2013) with fresh application, which meets the financial requirements for 18600, will the case worker consider these criteria
many thanks
prawin

prawin2506
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Posts: 29
Joined: Mon Jul 07, 2014 1:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 12:39 am

Hello
just found these in the financial requirement
5.1.5. If necessary, to meet the level of the financial requirement applicable to the application, a
person in salaried or non-salaried employment with the current employer for 6 months or more prior to the application

The gross annual income received by the applicant’s partner or the applicant from
any State (UK or foreign) or private pension.
can you please explain the above statement as I m bit confused whether it's ok to provide 12 months payslips or they only consider 6 months ?????

many thanks
prawin

rehan01
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Re: Settlement dependent visa Refused

Post by rehan01 » Wed Nov 19, 2014 3:53 am

hello guys i have a question tooo regarding meeting the financial problem if someone can help me with this.

my wife is earning £8000 Per Annum as she is working part time and i am self employed and my income after tax is around £14000 can we combine our income to meet the financial requirements together if yes then which category we will be applying under financial requirements? bit confusing in financial requirements guidance ? or we can not join salary employment and self employment?


plz advice

regards
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

rehan01
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Posts: 1635
Joined: Fri Aug 10, 2012 6:05 am
Location: London

Re: Settlement dependent visa Refused

Post by rehan01 » Wed Nov 19, 2014 3:54 am

hello guys i have a question tooo regarding meeting the financial problem if someone can help me with this.

my wife is earning £8000 Per Annum as she is working part time and i am self employed and my income after tax is around £14000 can we combine our income to meet the financial requirements together if yes then which category we will be applying under financial requirements? bit confusing in financial requirements guidance ? or we can not join salary employment and self employment?


plz advice

regards
ILR Applied: 11-04-2014
Biometric Done: 01-05-2014
Approval Received: 20-08-2014 (Letter Dated: 18-08-2014)
BRP Received: 21-08-2014 (Valid from: 18-08-2014)

Alhamdulillah now enjoying my FREEDOM

Got British Passport December 2015

prawin2506
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Posts: 29
Joined: Mon Jul 07, 2014 1:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 10:56 am

hello
just found these in the financial requirement
5.1.5. If necessary, to meet the level of the financial requirement applicable to the application, a
person in salaried or non-salaried employment with the current employer for 6 months or more at the date of application can add to this:

The gross annual income received by the applicant’s partner or the applicant from
any State (UK or foreign) or private pension.
can you please explain the above statement as I m bit confused whether it's ok to provide 12 months payslips or they only consider 6 months ?????

after going through the financial requirement in the ukba website
can I provide last 12 months payslips(Nov 2014-dec 2013) with fresh application, which meets the financial requirements for 18600, will the case worker consider these criteria
many thanks
prawin

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Wed Nov 19, 2014 12:41 pm

You will also need to show that at present, your annual earning is £18,600.
Smooth seas do not make skilful sailors

prawin2506
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Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 1:30 pm

Post by Obie » Wed Nov 19, 2014 12:41 pm

You will also need to show that at present, your annual earning is £18,600.


thanks obie for ur reply,
@present annual salary 18600 i m bit confused, what should i have to provide them,,,, as my 12 months previous payslips prior to the immediate date of application,, will they count to calculate them towards my annual salary.( i was on leave during jun and july and got paid only 182 and 312 respectively if i go with six months payslips they wont meet the criteria ,but my last 12 months pay is around 20000)
suggestions much appreciated

many thanks
prawin

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Wed Nov 19, 2014 1:36 pm

What is your current earning.
Smooth seas do not make skilful sailors

prawin2506
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Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 1:46 pm

thanks obie

break down of my salary from recent months

nov gross pay 1700.00
october gross pay 1621.55
sep grosss pay 1814.95
aug gross pay 1610.71
july gross pay 312.34
jun 182.12
but i am on 30 hour weekly full-time permanent job ,

many thanks
prawin

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Wed Nov 19, 2014 2:28 pm

You may need to seek legal assistance.

Your pay for Jun and July hinders your ability to qualify.

Furthermore, the nature of the employer letter that you should have provided was not provides.


You essentially, did not follow the procedure and requirement for Appendix FM-SE.

Are you presently getting fixed salary or variable salary?

What is you monthly earning?
Smooth seas do not make skilful sailors

prawin2506
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Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 2:52 pm

thanks obie,

i am on variable salary which depends on overtime , by average i m getting around 1650 gross pay monthly,
just a point
You essentially, did not follow the procedure and requirement for Appendix FM-SE. i really dont understand what u meant.

i found these in the Appendix FM-SE
5.1.5. If necessary, to meet the level of the financial requirement applicable to the application, a
person in salaried or non-salaried employment with the current employer for 6 months or more at the date of application can add to this:

The gross annual income received by the applicant’s partner or the applicant from
any State (UK or foreign) or private pension.
can you please explain me bit more clear,as i am really struggling to understand the immigration rules.
your suggestions are much appreciated,

many thanks,
prawin

Obie
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Re: Settlement dependent visa Refused

Post by Obie » Wed Nov 19, 2014 3:01 pm

The letter from employer is not in the correct format.

It is unclear whether it is Category A or B that you are applying under.

Whether it is a fixed or variable salary .

You clearly cannot meet the requirement of Cat B, as you are on fixed salary, and your average salary in the last 6 months is clearly not 9,300 pounds.
Smooth seas do not make skilful sailors

prawin2506
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Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 3:36 pm

thanks you very much obie
u shed alot of light on me in understanding the rules of Appendix FM.

i am in Category A --non salaried employment ( i am working for the same company for more than 2 years and its hourly paid job ).

the below is from the Appendix FM

Where the person is in non-salaried employment – the level of gross annual employment
income relied upon in the application will be the annual equivalent of the person’s average
gross monthly income from non-salaried employment in the 6 months prior to the date of
application (where that employment was held throughout that period).
To calculate this annualised average for non-salaried employment in Category A the
following calculation should be used:
(Total gross income from employment held throughout the 6 month period, divided by 6)
multiplied by 12 = Income from non-salaried employment that can be counted towards the
financial requirement.
if i am get about 9300 pounds as salary in six months prior to the application date, then i will meet these financial requirement????
and one more thing can you please explain what does these below statement from Appendix FM SE meant

If necessary, to meet the level of the financial requirement applicable to the application, a
person in salaried or non-salaried employment with the current employer for 6 months or
more at the date of application can add to this:
------The gross annual income received by the applicant’s partner or the applicant from
any State (UK or foreign) or private pension.

u been really helpful for me through these hardship, it's so frustating going all through these, but ur suggestions and guidance , pulled me bit up.

many thanks
prawin

prawin2506
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Posts: 29
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Re: Settlement dependent visa Refused

Post by prawin2506 » Wed Nov 19, 2014 10:43 pm

hello all,

i am bit curious with the different rules mentioned in the Appendix FM,
MY CASE IS I DIDNT MET THE FINANCIAL REQUIREMENT OF 18600 PER ANNUM, AS I ONLY PROVIDED THEM WITH 6 MONTHS PAYSLIPS WITH AGGREGATED TO A TOTAL OF 6598.00, MEANING ANNUAL SALARY OF 13198.
POINT IS I AM ON A HOURLY BASED(36 HOUR CONTRACT, BUT USUALLY HAVE REGULAR OVERTIME) FULL TIME PERMANENT EMPLOYEE WORKING FOR THE SAME COMPANY FOR MORE THAN 2 YEARS,
AS MY SALARY FOR 6 MONTHS IS NOT MEETING FINANCIAL REQUIREMENT, BUT IF I PUT ALL MY 12 MONTHS PAYSLIPS PRIOR TO THE APPLICATION DATE ( IE IF I GO FOR A FRESH APPLICATION,---PAYSLIPS FROM DEC2013--NOV2014 IS ACCUMALATING TO A TOTAL OF 19800 PER ANNUAL YEAR, I CAN SUPPORT THESE WITH A P60 2013/14 ),
IS THERE ANY DIFFERENCE FOR APPLYING UNDER CATEGORY A OR CATEGORY B,
I CAME ACROSS THESE STATEMENTS IN THE APPENDIX FM REGARDING CATEGORY B
Category B: Less than 6 months with current employer or variable income –
person residing in the UK
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in
the UK with permission to work) is in salaried or non-salaried employment at the date of
application, but has not been with the same employer and/or not earning the income level
relied upon in the application for at least 6 months prior to the date of application. It can
therefore be used by those who have been with their current employer for less than 6
months, or who have been with their current employer for at least 6 months but earning a
variable income and wish to be considered in this category rather than under Category A.

Under Category B, the financial requirement must be met and evidenced in two parts.
5.3.4. First, where the applicant’s partner and/or the applicant (if they are in the UK with
permission to work) is in salaried employment at the date of application and has been with
the same employer, or earning the amount relied upon, for less than the last 6 months, they
can count the gross annual salary at the date of application towards the financial
requirement. There is no required minimum period for this current employment, provided
that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be
met in respect of it.
5.3.5. Gross income from non-salaried employment will be counted on the same basis as income
from salaried employment where the person has been with the same employer, or earning
the amount relied upon, for less than 6 months at the date of application.
5.3.6. Non-salaried employment includes that paid at an hourly or other rate (and the number
and/or pattern of hours required to be worked may vary) or paid an amount which varies
according to the work undertaken. Salaried employment includes that paid at a minimum
fixed rate (usually annual) which is usually subject to a contractual minimum number of
hours to be worked.

Second, the person must in addition have received in the 12 months prior to the date of
application the level of income required to meet the financial requirement, based on:
 The gross amount of salaried or non-salaried employment income of the applicant’s
partner (in the UK or overseas) and/or the applicant (if they are in the UK with
permission to work);
CAN YOU PLEASE SUGGEST ME WHETHER AM I QUALIFY UNDER CATEGORY B ( BUT I AM EMPLOYED WITH PRESENT COMPANY FOR MORE THAN 2 YEARS ).

YOUR SUGGESTIONS MUCH APPRECIATED
THANK YOU
PRAWIN

alil2014
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Re: Settlement dependent visa Refused

Post by alil2014 » Wed Nov 19, 2014 11:40 pm

unfortunately the chances of a successful appeal are very small.

below are the gross amounts you have earned over the last 6 months

nov gross pay 1700.00
october gross pay 1621.55
sep grosss pay 1814.95
aug gross pay 1610.71

july gross pay 312.34
jun 182.12


your payslips for august, september october and november are above the threshold of £1550, so your best option is to wait another two months until you have 6 payslips with gross amounts above £1550 and then apply using CAT A (thats implying you will be earning 1550 for the next 2 months).

Also get your employer to state your earnings over the last 6 months (more than £9300) as well as all the other requirements on the employment letter.

prawin2506
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Joined: Mon Jul 07, 2014 1:45 pm

Re: Settlement dependent visa Refused

Post by prawin2506 » Thu Nov 20, 2014 12:08 am

Thank you alil2014
but I m not going to appeal,
I would like to make a fresh application , can I apply under Category B while providing 12 months payslips
thank you
prawin

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