UK SPOUSE VISA REFUSED-PAKISTAN/APPEAL OR REAPPLY

Hello All

please cansomeone give me there opinion on what I should do as I am very stressed.

I am Living in the UK indefinately and work for a small sole trader company earning £18,999 which meets the threshold.

I got married to my wife in august 2018.

applied for priority visa in october and got my refusal letter early december

i was refused on the basis of a financial requirement of the ECO finding descrepncies in my payslips in the form on two occasions 2 part payments was made but these payments was not refeclected in my payslips so he wanted to contact me and my employer, and because NEITHER OF ME OR MY EMPLOYER PICKED UP THE PHONE over a supposed 4 day period he had no choice to refuse my visa as he stated there is no confirmation of these payments by my employer.

I stupidly entered my wrong number on the primary number field! so he could contact me, he couldnt probaly contact my employer as t hey dont enter the small shop till midday , my understanding of the sitatuion is that if they had managed to speak to my emploter and me then we could have easily anwsered everyting and visa would have got accepted!

my errors was maybe i didnt attached a company letterheaded letter confirming all payments are genuine in my application pack which may have helped, im wondering if i apply again or appeal on these points what would be the best

also my next question is if i have my employter rectify the payslips in question to refelct the payments in question is this legally allowed to do by the accountant? i dont want to be in any trouble because i would still be submitted the payslip for the same period in my next application or would they discard t he old payslip

PLEASE advise me asap as i cant sleep or anything, I do have a booking with solictor on monday but they would just want tt ake my money so want to go in with some idea please.


god bless you

My advice is to reapply with a cover note to explain why you had two part payment with the correct cover note.

Also for the Eco to call after a specific time IF the business opens later in the day.

Unfortunate circumstances with your case, but see you put in the wrong number so the HO who need to verify could not in your circumstance.

All the best

Mistakue wrote: ↑

Sun Dec 09, 2018 10:14 am

Hello All

please cansomeone give me there opinion on what I should do as I am very stressed.

I am Living in the UK indefinately and work for a small sole trader company earning £18,999 which meets the threshold.

I got married to my wife in august 2018.

applied for priority visa in october and got my refusal letter early december

i was refused on the basis of a financial requirement of the ECO finding descrepncies in my payslips in the form on two occasions 2 part payments was made but these payments was not refeclected in my payslips so he wanted to contact me and my employer, and because NEITHER OF ME OR MY EMPLOYER PICKED UP THE PHONE over a supposed 4 day period he had no choice to refuse my visa as he stated there is no confirmation of these payments by my employer.

I stupidly entered my wrong number on the primary number field! so he could contact me, he couldnt probaly contact my employer as t hey dont enter the small shop till midday , my understanding of the sitatuion is that if they had managed to speak to my emploter and me then we could have easily anwsered everyting and visa would have got accepted!

my errors was maybe i didnt attached a company letterheaded letter confirming all payments are genuine in my application pack which may have helped, im wondering if i apply again or appeal on these points what would be the best

also my next question is if i have my employter rectify the payslips in question to refelct the payments in question is this legally allowed to do by the accountant? i dont want to be in any trouble because i would still be submitted the payslip for the same period in my next application or would they discard t he old payslip

PLEASE advise me asap as i cant sleep or anything, I do have a booking with solictor on monday but they would just want tt ake my money so want to go in with some idea please.


god bless you

Even if there is any prospect in appeal, it is gonna take over a year. It's better to reapply with a cover letter as suggested above.

Mistakue wrote: ↑

Sun Dec 09, 2018 10:14 am

Hello All

please cansomeone give me there opinion on what I should do as I am very stressed.

I am Living in the UK indefinately and work for a small sole trader company earning £18,999 which meets the threshold.

I got married to my wife in august 2018.

applied for priority visa in october and got my refusal letter early december

i was refused on the basis of a financial requirement of the ECO finding descrepncies in my payslips in the form on two occasions 2 part payments was made but these payments was not refeclected in my payslips so he wanted to contact me and my employer, and because NEITHER OF ME OR MY EMPLOYER PICKED UP THE PHONE over a supposed 4 day period he had no choice to refuse my visa as he stated there is no confirmation of these payments by my employer.

I stupidly entered my wrong number on the primary number field! so he could contact me, he couldnt probaly contact my employer as t hey dont enter the small shop till midday , my understanding of the sitatuion is that if they had managed to speak to my emploter and me then we could have easily anwsered everyting and visa would have got accepted!

my errors was maybe i didnt attached a company letterheaded letter confirming all payments are genuine in my application pack which may have helped, im wondering if i apply again or appeal on these points what would be the best

also my next question is if i have my employter rectify the payslips in question to refelct the payments in question is this legally allowed to do by the accountant? i dont want to be in any trouble because i would still be submitted the payslip for the same period in my next application or would they discard t he old payslip

PLEASE advise me asap as i cant sleep or anything, I do have a booking with solictor on monday but they would just want tt ake my money so want to go in with some idea please.


god bless you

What is meant by two part payments? Does it mean that you got paid twice? Did your payslips matched with bank statement credit?

Re-apply but make sure this time all payslips and all deposits match up. Any discrepancies still, make it clear on employers letter.

Hello everyone

thank you for the responses, sorry for slow reply as I have been dealing wit this case of mine,

since my last post this is the updates :

1) contacted HMRC who have sent employment history for current job however due to the tax year not ending till april 2019 they can not provide t he current paye tax which is fine as standard protocol requires a employee to obtain all tax information from gov.uk income account.

2) received letter from hmrc

3) income evidence provided from income gov website which actually shows estimated earning for current employer is £19875 , which is actually hire than my stated salary of £18990 which i guess includes oover time etc.

4) ECO highlighted two discrepancies in my application via a payment of £900 and £300 which matched the total on my payslip however was not stated as 2 individual payments on the pay slip. i confirm here the payments match my payslip total 100% eco said he noted my cover note explaining these however wanted the same clarifcation from employer which never happened as they never phoned us with any sucess or email!.
Solicitor advised the uk employers use a system called REAL TIME PAYMENTS (RTI) AND thank God i ahve now got these from my employers accountant which clearly show the payments in question accurately as a total payment. ie ( £1358) which is made up of those £900 + £300 odd payment)

5) solicitor has lodged my appeal via oral process which payment has been taken and i assume i will have confirmation by the new year that appeal has beeen recieved.

6) I am going to expediate the claim on compassion grounds due eco refusing on such ambigious techn grounds which i can now proove wihin a minute and hope a judge will see.

I am now wanting advise pls on what i should do? i have since my application used my bank account to buy and sell 3 cars which are about £2000 in total im scared if i submit a new application when seing this statement the eco might again refuse me because of thse payments? or am i worrying for nothing?

also what do you think is my best route going forward, i have every legal document.. should i reapply or live in hope that at first stage the tribunal service may withdraw there refusal as i had no other reasons for refusal except they could not get a confirmation from my employer in respect to 2 payments?

thank you so much everyone!!!

bathanza wrote: ↑

Sun Dec 09, 2018 11:29 am

My advice is to reapply with a cover note to explain why you had two part payment with the correct cover note.

Also for the Eco to call after a specific time IF the business opens later in the day.

Unfortunate circumstances with your case, but see you put in the wrong number so the HO who need to verify could not in your circumstance.

All the best

hey thank you

my solicitor is preparing this cover note for me should i reapply aswell as my appeal or wait to add this to my expedite request to the appeal judge!

Londoner007 wrote: ↑

Mon Dec 10, 2018 10:28 am

Re-apply but make sure this time all payslips and all deposits match up. Any discrepancies still, make it clear on employers letter.

Hello

Yes this is what people have told me, however because my refusal is on such ambigious technical ground of a single point im thinking maybe at first stage of appeal the tribunal may withdraw? please see my detailed post.

Alam- wrote: ↑

Sun Dec 09, 2018 11:34 am

Mistakue wrote: ↑

Sun Dec 09, 2018 10:14 am

Hello All

please cansomeone give me there opinion on what I should do as I am very stressed.

I am Living in the UK indefinately and work for a small sole trader company earning £18,999 which meets the threshold.

I got married to my wife in august 2018.

applied for priority visa in october and got my refusal letter early december

i was refused on the basis of a financial requirement of the ECO finding descrepncies in my payslips in the form on two occasions 2 part payments was made but these payments was not refeclected in my payslips so he wanted to contact me and my employer, and because NEITHER OF ME OR MY EMPLOYER PICKED UP THE PHONE over a supposed 4 day period he had no choice to refuse my visa as he stated there is no confirmation of these payments by my employer.

I stupidly entered my wrong number on the primary number field! so he could contact me, he couldnt probaly contact my employer as t hey dont enter the small shop till midday , my understanding of the sitatuion is that if they had managed to speak to my emploter and me then we could have easily anwsered everyting and visa would have got accepted!

my errors was maybe i didnt attached a company letterheaded letter confirming all payments are genuine in my application pack which may have helped, im wondering if i apply again or appeal on these points what would be the best

also my next question is if i have my employter rectify the payslips in question to refelct the payments in question is this legally allowed to do by the accountant? i dont want to be in any trouble because i would still be submitted the payslip for the same period in my next application or would they discard t he old payslip

PLEASE advise me asap as i cant sleep or anything, I do have a booking with solictor on monday but they would just want tt ake my money so want to go in with some idea please.


god bless you

Even if there is any prospect in appeal, it is gonna take over a year. It's better to reapply with a cover letter as suggested above.

Thanks for your opinion Sir

seagul wrote: ↑

Sun Dec 09, 2018 11:57 am

Mistakue wrote: ↑

Sun Dec 09, 2018 10:14 am

Hello All

please cansomeone give me there opinion on what I should do as I am very stressed.

I am Living in the UK indefinately and work for a small sole trader company earning £18,999 which meets the threshold.

I got married to my wife in august 2018.

applied for priority visa in october and got my refusal letter early december

i was refused on the basis of a financial requirement of the ECO finding descrepncies in my payslips in the form on two occasions 2 part payments was made but these payments was not refeclected in my payslips so he wanted to contact me and my employer, and because NEITHER OF ME OR MY EMPLOYER PICKED UP THE PHONE over a supposed 4 day period he had no choice to refuse my visa as he stated there is no confirmation of these payments by my employer.

I stupidly entered my wrong number on the primary number field! so he could contact me, he couldnt probaly contact my employer as t hey dont enter the small shop till midday , my understanding of the sitatuion is that if they had managed to speak to my emploter and me then we could have easily anwsered everyting and visa would have got accepted!

my errors was maybe i didnt attached a company letterheaded letter confirming all payments are genuine in my application pack which may have helped, im wondering if i apply again or appeal on these points what would be the best

also my next question is if i have my employter rectify the payslips in question to refelct the payments in question is this legally allowed to do by the accountant? i dont want to be in any trouble because i would still be submitted the payslip for the same period in my next application or would they discard t he old payslip

PLEASE advise me asap as i cant sleep or anything, I do have a booking with solictor on monday but they would just want tt ake my money so want to go in with some idea please.


god bless you

What is meant by two part payments? Does it mean that you got paid twice? Did your payslips matched with bank statement credit?

hey
example of payments in question
payslip agust is £1358
bank accontant one payment of £900
second payment of £458

literally because payslip stated ' basic pay = total'without showing 900 and 458 he found a reason to refuse