P60 shows 11150 pounds - Not Showing 18600 Pounds (2013)

[thashadow]

My wife is in UK and she applied she sent documents from UK and i submitted the case here in Pakistan through Fedex.
Her Pay Slips are from April 2012 - January 2013 and P60 shows 11150 Pounds and it should be because it is of 6 months.

The case is refused saying (that your P60 does not meat the required amount of 18600 Pounds)??? is it ok???

another thing: her employer was not paying her taxes on monthly bases that is why he forgot to pay her Tax in start of April 2013. But he paid that in November 2013 with Penalty Amount because of that Embassy also replied that your Sponsor has no record of Employment for last 3 years in HMRC.

Can any one help what i should do?

[MPH80]

You need to be a bit clearer.

When did you apply and what documents, from what month, did you apply using. What did each payslip say?

On the employer thing - there isn't much you can do. You can just get the employer to provide confirmation of payment from HMRC and a note of explanation if you choose to appeal.

However, the choice to appeal will only be known once we know about the documents.

[thashadow]

i submitted the case on 4/04/2013 through Fedex
Pay Slips say:
August 1510.59 Pounds
September 1686.27 Pounds
October 1731.05 Pounds
November: 1986.04 Pounds
December: 1983.32 Pounds
January: 1983.55 Pounds


other documents (our marriage pics and after marriage pics, Our Web Chat and Emails, My Medical with Normal Status, My English Language Certificate, Her Employer's Job letter, Her property Valuation Letter, Tenancy agreement, Her Bank Statement, and all other documents are ok they said) Jut have problem in HMRC.

On this Monday 4/08/2014 i received all my documents back saying that they dont find any record of job in HMRC. And her Employer is saying you can get your Tax record from HMRC. and HMRC is saying they we should Send them a letter and they will take action on that letter at least after 7 weeks.

now have to Appeal but dont know how we can get record from HMRC in 20 days because have to appeal in 28 days.

[Obie]

There is a slight difficulty for you, because if the lowest margin in August is taken into account, and multiply by 12, your wife will fall slightly short of the 18,600 requirement.

That is were i see the problem. Also, it appears that you provided out of date documents.

In application of these sort, P60's are not really important.

[Amber]

Alternatively apply under Cat B if you can.

[MPH80]

Are you saying that you applied in April but with the last payslip from January?

Is your wife still employed?

[thashadow]

Are you saying that you applied in April but with the last payslip from January?

Is your wife still employed?

actually after February 2013 she was getting papers ready and i was having my medical tests etc. then we applied in April 2013 and she had to come here for visit. We had some personal issues so she had to stay here in Pakistan for a while. and After that we got a good new and we were going to have a Baby. She wanted to stay in good Environment with healthy food etc she tried going back but the Doctor said you can only travel after 3-4 months and after that she went back and now she is doing job again while being in that situation....

There is a slight difficulty for you, because if the lowest margin in August is taken into account, and multiply by 12, your wife will fall slightly short of the 18,600 requirement.

That is were i see the problem. Also, it appears that you provided out of date documents.

In application of these sort, P60's are not really important.

I was unable to understand about the Lowest Margin in August? It means the embassy will not look at full 6 month's salary?

[Obie]

They will look at six months salary, but if they are not consistent, they will use the lowest earning over the 6 months period to calculate the total earning for a year.

[thashadow]

They will look at six months salary, but if they are not consistent, they will use the lowest earning over the 6 months period to calculate the total earning for a year.

this will be a big issue? because in Embassy Decision they only said two things (no employment record before April 2013 and P60 Shows 11150 Pounds it should show 18600 Pounds)

[Obie]

If someone did not have 1 year of employment, they will not have a p60 Showing 18,600 or higher.

For 6 months employment a p60 of 9,300 would have sufficed, provided the lowest monthly wage was not below 1550, over the 6 months period.

[thashadow]

If someone did not have 1 year of employment, ......monthly wage was not below 1550, over the 6 months period.

Oh my wife and i knew nothing about this
and it was also not told in decision.....

[Obie]

I have never known the ECO for giving legal advise to people. but that is the rules.

Also see Appendix FM-SE

[thashadow]

thanks @Obie.
Another questions
i have received an appeal form which says that payment can only be paid online in Pounds Sterling.
also there are some parts in which only Sponsor can Sign or Fill....

It means i have to send these documents and form to my Wife?

[thashadow]

Anyone ?

[Obie]

Send it to your wife, or alternatively you can do it online.


You can put your sponsor's details.

There is nothing to fill.

There is a section for representative, but you sponsor can be your representative, and call also be a witness.

[Rayking]

Let me ask this, was your sponsor on salaried employment or non salaried employment, did you get letter as specified by the requirement?
Can you get evidence that the tax has been paid with evidence of the penalty payment?
If you can get this, then you might have a case,the tax was deducted from your sponsor's income and there's no way you would have known the tax wasn't paid.
Under PAYE system,it's employer's responsibility to pay the tax and if it's not paid,he should be held responsible as the money was already deducted from your income.
Now that you've been refused bcos of that you can then produce the evidence, provided it's straightforward as stated.

[thashadow]

Send it to your wife, or alternatively you can do it online.
You can put your sponsor's details.
There is nothing to fill.
There is a section for representative, but you sponsor can be your representative, and call also be a witness.

Thanks...
i will send the form and documents to my wife now.

Let me ask this, was your s.......... provided it's straightforward as stated.

Yes she was paying tax and it was deducted from her salary. Employer said that he paid her tax in late dates at once. it was his mistakes and he will write a letter to apologize. Which i think should be included in Appeal and also should show in hearing.

HMRC said that they will give her record proof in 5 weeks. so i think we will also show that in hearing. we will also submit that if it is received before we submit the appeal.

I hope all goes well because we are very late and received reply after like 16 Months. Reply with refusal