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ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 1:15 pm
by razijaan83
Hi guys,
today morning with sad and good news together as my ilr refused on R-ILRP 1.1(E) UNDER D-ILRP 1.3.
I DONT KNOW HOW THEY CALCULATED MY INCOME AS WHOLE YEAR IT WAS OVER 18900 AND ECO CALCUTED BY LAST SIX MONTHS? I GET FORTNIGHTLY SALARY AND WORKING WITH COMPANY LAST 3 YEARS.
WILL ANYBODY HELP ME ? SHALL I APPEAL OR SUBMITT CASE AGAIN?

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 1:46 pm
by CR001
Have you applied on Set(M)??

Based on your previous post, you appear to be self employed? If you are, then the requirements are different and substantial more evidence is required.
razijaan83 wrote:
Tue Jul 16, 2019 2:47 pm
[*]WHAT SHOULD I DO AS I M PRIVATE HIRE DRIVER ACCORDING BRP MY VISA GOING TO EXPIRE NEXT WEEK,I NEED TO RENEW FOR NEXT YEAR,BUT COUNCIL SAYS GET BRP FIRST BUT MY APPLICATION IS STILL UNDER PROCESS FOR ILR,WHAT SHOULD I DO TO CONVINCE COUNCIL THAT THEY ISSUE ME FULL YEAR BADGE..THANKS

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 1:49 pm
by razijaan83
YES, SET (M) BUT NOT SELF EMPLOYED, I AM EMPLOYED AS A ZERO HOURS FORTNIGHTLY SALARY, AND
ACCORDING HMRC MY INCOME IS APRIL 2018 TO APRIL 2019 IS 17522 AND MAY 2018 TO MAY 2019 IS OVER 18600, QUESTION IS THEY ASKED ME FOR PAYSLIPS FOR REST OF MONTHS BACKWARDS TO DECEMBER TO MAY,I SENT THEM, AND WHEN I SEE DECISION IT SAME LIKE WAS IN EMAIL AS I ASSUME THEY DIDNT GET MY EMAIL OR THEY MADE DECISION ON SAME DAY WITHOUT WAITING FOR MY EMAIL.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 2:00 pm
by CR001
1. Can you please NOT post in CAPITAL letters. It is very difficult to read and is the same as SHOUTING!!

2. Can you post each months salary before and after tax?

3. Does your employer pay your tax and NI?

4. Can you post the exact wording of the refusal letter taking out names etc.

And do NOT post in capital letters.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:15 pm
by razijaan83
i cant reply you tried many times

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:16 pm
by razijaan83
issue is that Eco only consider last six months payslips instead of full financial year.didnt see p60

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:20 pm
by CR001
It is not an 'ECO' if you apply for ILR. It a Home Office caseworker. An 'ECO' is for visas outside the UK.

For ILR based on Set(M), you need the most recent 6 months payslips to prove you meet the financial requirement or 12 months payslips and bank statements. HO want to see payslips and bank statements, not P60.

Unless you post exact details and information as asked, I doubt anyone can offer advise.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:22 pm
by razijaan83
last six months income is 8585£ only and i m no fix salary employee.but whole year i earned 19300£.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:31 pm
by CR001
If you did not submit 12 months payslips and bank statements, then you did not meet the financial requirement based on £8585 and the refusal is correct.

Again, if you don't give the details asked for already, I can't help you further.
CR001 wrote:
Sat Oct 05, 2019 2:00 pm
1. Can you please NOT post in CAPITAL letters. It is very difficult to read and is the same as SHOUTING!!

2. Can you post each months salary before and after tax?

3. Does your employer pay your tax and NI?

4. Can you post the exact wording of the refusal letter taking out names etc.

And do NOT post in capital letters.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 4:48 pm
by razijaan83
Dear i submitted 24 (fortnightly) payslips with one year bank statement as well. somehow few payslips missed and they asked me to send them again which sent by email with HMRC TAX Credit letter.now they asking me pay IHS FEE WITHIN 14 Days.there is no review option no appeal. i have all proof that i replied them in email.
when i try to send you written proof this post forbidden message and post didnt post.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 5:13 pm
by CR001
You need to type out a post with the refusal. As you a new member you likely can't attached anything yet.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 6:08 pm
by razijaan83
in order to meet requirment of R-ILRP (E) you must meet the paragraph of req of sec E-LTRP .....
INCOME THRESHOLD 18600 TIME OF APPLICATION
INCOME LAST SIX MONTHS (FORTNIGHTLY) WEEK 1 454.14 WEEK 2 375.84 WEEK3 718.40 WEEK 4 1237.14
W5 548.10 W6 720. W7 886.75 W8 978.75 W9 1066.84 W10 806.49 W11 394.08 W12 375.84 = 8564.14 DIVIDED MY 6 IS 1426 X 12 =17122.60 £ THEREFOR You are not met with req so on basis of you child which are British further leave will b granted when you will ihs fee.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 6:11 pm
by razijaan83
part 2: p60 income 17840 £ , application submitted on 8th of may , last two payslips add 1200£ so total 19300 approx, question is ,is it rule they only consider 6 months income instead of 12 months or whole year?

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 7:29 pm
by Janjuauk
I think now HO not give you for appeal or judicial review anymore.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 7:32 pm
by CR001
Janjuauk wrote:
Sat Oct 05, 2019 7:29 pm
I think now HO not give you for appeal or judicial review anymore.
It is ADMIN review not JUDICIAL review, which is a completely different process separate and outside the the immigration rules and process.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 8:10 pm
by Janjuauk
Oh k sorry I was just spreading what I heard.
What should you suggest mr razi for review or just pay the nhs fee and accept the decision?

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 8:35 pm
by seagul
razijaan83 wrote:
Sat Oct 05, 2019 6:08 pm
in order to meet requirment of R-ILRP (E) you must meet the paragraph of req of sec E-LTRP .....
INCOME THRESHOLD 18600 TIME OF APPLICATION
INCOME LAST SIX MONTHS (FORTNIGHTLY) WEEK 1 454.14 WEEK 2 375.84 WEEK3 718.40 WEEK 4 1237.14
W5 548.10 W6 720. W7 886.75 W8 978.75 W9 1066.84 W10 806.49 W11 394.08 W12 375.84 = 8564.14 DIVIDED MY 6 IS 1426 X 12 =17122.60 £ THEREFOR You are not met with req so on basis of you child which are British further leave will b granted when you will ihs fee.
Refusal seems correct because either under category A or B you you have earned at least £9300 during the last 6 months. However, if you and/or your partner had 6 months old savings above than £16000 then this shortfall may have been covered.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sat Oct 05, 2019 10:06 pm
by Janjuauk
That's mean no need to work whole year we need only 6 months work double and get ilr.
Atleast meeting 9300 in last six months.

Re: ILR refused on Income threshold but FLR approved can i appeal?

Posted: Sun Oct 06, 2019 8:03 am
by razijaan83
thanks for reply, i only earned above 3400 with uber but i started uber last novermber 2018 ,didnt file in hmrc but in bank statments HO noticed as well,
shall i accept flr p or resubmit new application?
seagul wrote:
Sat Oct 05, 2019 8:35 pm
razijaan83 wrote:
Sat Oct 05, 2019 6:08 pm
in order to meet requirment of R-ILRP (E) you must meet the paragraph of req of sec E-LTRP .....
INCOME THRESHOLD 18600 TIME OF APPLICATION
INCOME LAST SIX MONTHS (FORTNIGHTLY) WEEK 1 454.14 WEEK 2 375.84 WEEK3 718.40 WEEK 4 1237.14
W5 548.10 W6 720. W7 886.75 W8 978.75 W9 1066.84 W10 806.49 W11 394.08 W12 375.84 = 8564.14 DIVIDED MY 6 IS 1426 X 12 =17122.60 £ THEREFOR You are not met with req so on basis of you child which are British further leave will b granted when you will ihs fee.
Refusal seems correct because either under category A or B you you have earned at least £9300 during the last 6 months. However, if you and/or your partner had 6 months old savings above than £16000 then this shortfall may have been covered.