settlement visa application refused

[BALAJI_UK]

I received the Entry clearance refusal from BHC, Chennai yesterday:
To give you background, the following is my case

I’m currently living in UK under Indefinite Leave to Remain(ILR) and I applied for my son’s Entry Clearance in Chennai through new rule on 22nd August 2012 where my wife is currently in FLR(M) visa. Unfortunately, we received the ‘Refusal of Entry Clearance’ from BHC stating the below reason

“Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP 3.3. You have not provided the relevant P60 or copy of employment contract as evidence of your sponsor’s gross income from their employment/income sources. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. You have failed to provide the specified documents of your sponsor’s employment/sources of income. I therefore refuse your application under paragraph EC-C.1.1 (d) of Appendix FM of the immigration Rules (E-ECC 2.1)”

I was under the impression that the latest Employer Reference Letter would be good enough to support employment contract evidence, but from the refusal I see that’s not the case. At least the officer should have requested/asked for P60 as I got all the P60's and employment contract with me and unfortunately didn’t submitted along with the application form.

Could you please suggest whether I can go for appeal as the ECO states that I didn’t provided the required document. If I’m going for an appeal with the P60 and employment contract provided, will ECO would be able to overturn the decision. Looking for everyone’s valuable advice and suggestions to take this forward.

[BALAJI_UK]

Shanmuk,

Did you get the call directly from ECO or from VFS office requiring Employment Contract and what was the reason for this letter?

The reason is, I've been refused Entry Clearance for my son's visa stating that "I didnt submitted my P60 or Employment Contract" letter. I'm in confused state, how to go ahead with the appeal process. Any advice would be real help to me.

Thanks!

[sraz]

@BALAJI ...Had u submitted payslips with ur application ?

[BALAJI_UK]

@BALAJI ...Had u submitted payslips with ur application ?

sraz,

Yes, I've submitted last 6 months Pay slips and employment reference letter which states my annual salary as well.

[sraz]

Oh God! Iam worried since I have submitted copy of P60 only. I have submitted payslips and employer letter ( but it doesnt contain salary).
I have read in Appendix FM-SE that the they will request for an orginal document if the applicant have submitted a copy of original document . Pleast request all your views on this matter , as this is my second application I am extremely worried ...

[BALAJI_UK]

Oh God! Iam worried since I have submitted copy of P60 only. I have submitted payslips and employer letter ( but it doesnt contain salary).
I have read in Appendix FM-SE that the they will request for an orginal document if the applicant have submitted a copy of original document . Pleast request all your views on this matter , as this is my second application I am extremely worried ...

Don't get worried, too much.. I think Entry Clearance officer should call you since you submitted the copy of the document and they request for original document as mentioned in the appendix FM-SE. Have extracted the same and given below for your reference:

Entry Clearance Officer or Secretary of State should normally refuse an application which does not provide the evidence specified in this Appendix. However, where document(s) have been submitted, but not as specified, and the Entry Clearance Officer or Secretary of State considers that, if the specified document(s) were submitted, it would result in a grant of leave, they should contact the applicant or their representative in writing or otherwise to request the document(s) be submitted within a reasonable timeframe. Examples of documents submitted not as specified include:

a) A document missing from a series, e.g. a bank statement;
b) A document in the wrong format; or
c) A document that is a copy rather than the original.

[sraz]

Thank U , BALAJI ....

Lets hope everything will be fine with the grace of Almighty ....
Are you going to appeal or reapply

Oh God! Iam worried since I have submitted copy of P60 only. I have submitted payslips and employer letter ( but it doesnt contain salary).
I have read in Appendix FM-SE that the they will request for an orginal document if the applicant have submitted a copy of original document . Pleast request all your views on this matter , as this is my second application I am extremely worried ...

Don't get worried, too much.. I think Entry Clearance officer should call you since you submitted the copy of the document and they request for original document as mentioned in the appendix FM-SE. Have extracted the same and given below for your reference:

Entry Clearance Officer or Secretary of State should normally refuse an application which does not provide the evidence specified in this Appendix. However, where document(s) have been submitted, but not as specified, and the Entry Clearance Officer or Secretary of State considers that, if the specified document(s) were submitted, it would result in a grant of leave, they should contact the applicant or their representative in writing or otherwise to request the document(s) be submitted within a reasonable timeframe. Examples of documents submitted not as specified include:

a) A document missing from a series, e.g. a bank statement;
b) A document in the wrong format; or
c) A document that is a copy rather than the original.

[BALAJI_UK]

Thank U , BALAJI ....

Lets hope everything will be fine with the grace of Almighty ....
Are you going to appeal or reapply

Oh God! Iam worried since I have submitted copy of P60 only. I have submitted payslips and employer letter ( but it doesnt contain salary).
I have read in Appendix FM-SE that the they will request for an orginal document if the applicant have submitted a copy of original document . Pleast request all your views on this matter , as this is my second application I am extremely worried ...

Don't get worried, too much.. I think Entry Clearance officer should call you since you submitted the copy of the document and they request for original document as mentioned in the appendix FM-SE. Have extracted the same and given below for your reference:

Entry Clearance Officer or Secretary of State should normally refuse an application which does not provide the evidence specified in this Appendix. However, where document(s) have been submitted, but not as specified, and the Entry Clearance Officer or Secretary of State considers that, if the specified document(s) were submitted, it would result in a grant of leave, they should contact the applicant or their representative in writing or otherwise to request the document(s) be submitted within a reasonable timeframe. Examples of documents submitted not as specified include:

a) A document missing from a series, e.g. a bank statement;
b) A document in the wrong format; or
c) A document that is a copy rather than the original.

I'm thinking of re-applying it again as the appeal process seems to take long time. Am not quite clear which options to go with??

Expecting the forum members to guide me in this manner. How about you?? As you mentioned it's a second application??

[sraz]

BALAJI, I made my first application on march 29,2012 . Unfortunately, my application was rejected on july 9th ( because of not providing enough evidence of my sponsor's mothers pension ) . I have reapplied on sep 19,2012 @ VFS COCHIN and its under process now ....

I felt appealing would be a lenghty process and opted reapplying .
Hence my suggestion is ,its better you reapply.

[BALAJI_UK]

BALAJI, I made my first application on march 29,2012 . Unfortunately, my application was rejected on july 9th ( because of not providing enough evidence of my sponsor's mothers pension ) . I have reapplied on sep 19,2012 @ VFS COCHIN and its under process now ....

I felt appealing would be a lenghty process and opted reapplying .
Hence my suggestion is ,its better you reapply.

Yes, I'm also going for the re-applying option as the appeal process takes bit longer time.

Moderators/Experts - Could you please provide your guidance if any special care to be taken since it's applying for second time.

[riversidecreations]

If you are satisfied with the documents you have; and you reapply, your application is likely to be processed a lot faster than usual - a friend of mine had his second application completed within 7 working days.

Make sure you mention that in your supporting letter, all details of the refusal etc..

[kumar2012]

I am considering appealing and re-applying. what do you think guys? could you forsee any problems with that?

[BALAJI_UK]

If you are satisfied with the documents you have; and you reapply, your application is likely to be processed a lot faster than usual - a friend of mine had his second application completed within 7 working days.

Make sure you mention that in your supporting letter, all details of the refusal etc..

Nice to see this update from you..As mentioned, the reason for my refusal is to 'Not submitted a P60 or Employment contract" letter.
Have couple of questions on this front to you

1.When did this happen and do we need to mention anything in the covering letter or inform VFS official while submitting the application??
2. Do we need to provide the refusal reason in the covering letter and provide the refusal copy along with the application?

Thanks again!

[BALAJI_UK]

I am considering appealing and re-applying. what do you think guys? could you forsee any problems with that?

@Kumar - Only minus point from what I heard and seen from the forum is the time delay in processing the appeal. If you can wait till that time, then you can consider for appeal.

[kumar2012]

I sent an e-mail straight away to post to reconsider but they replied

"I am writing this e-mail on behalf of the ECM. The onus is on the applicant to demonstrate that they meet the requirements of the relevant rules. In this case you failed to do so. You have the right of appeal against this decision. If you wish to submit your appeal to the First-tier tribunal, you can do so online and pay your fee online at www.justice.gov.uk"

I got this reply today. What do you think? Does this mean that even if I reapply it will fail at ECM review and go for full hearing (6-8 months)? Any ideas please?

[kumar2012]

I sent an e-mail straight away to post to reconsider but they replied

"I am writing this e-mail on behalf of the ECM. The onus is on the applicant to demonstrate that they meet the requirements of the relevant rules. In this case you failed to do so. You have the right of appeal against this decision. If you wish to submit your appeal to the First-tier tribunal, you can do so online and pay your fee online at www.justice.gov.uk"

I got this reply today. What do you think? Does this mean that even if I reapply it will fail at ECM review and go for full hearing (6-8 months)? Any ideas please?

[BALAJI_UK]

I sent an e-mail straight away to post to reconsider but they replied

"I am writing this e-mail on behalf of the ECM. The onus is on the applicant to demonstrate that they meet the requirements of the relevant rules. In this case you failed to do so. You have the right of appeal against this decision. If you wish to submit your appeal to the First-tier tribunal, you can do so online and pay your fee online at www.justice.gov.uk"

I got this reply today. What do you think? Does this mean that even if I reapply it will fail at ECM review and go for full hearing (6-8 months)? Any ideas please?

@Kumar - I guess you are referring "reapply" means 'appeal' process, right. If that's the case, as you said, it takes longer time than going for re-applying for second time. You have to take a decision which option would be the best to go for your case?

[kumar2012]

I mean submitting another new application than appealing. Since I did not provide the SU07 and contract of employment, the refusal is valid and correct. Would an ECM overturn the decision if I supply these documents in appeal?

[BALAJI_UK]

I mean submitting another new application than appealing. Since I did not provide the SU07 and contract of employment, the refusal is valid and correct. Would an ECM overturn the decision if I supply these documents in appeal?

Based on Franko's reply to your replies on the other chain, it may be considered. check it out once again and take a decision accordingly:

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/

[mrsenn]

I mean submitting another new application than appealing. Since I did not provide the SU07 and contract of employment, the refusal is valid and correct. Would an ECM overturn the decision if I supply these documents in appeal?

Based on Franko's reply to your replies on the other chain, it may be considered. check it out once again and take a decision accordingly:

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/

Hi Kumar2012, I am in the same situation right now (UKBA rejected on the same grounds of SU07 and employment contract (although I provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60).

I have made an appeal which might take a long time even for ECM to consider overturning (more than 4 months from today as per the letter I received) but I am not also considering to make a fresh application at the same time. But I am not sure whether I can do this or not, I donot want to create any confusions.

What did you do ?

[Damanisshallo]

I am not also considering to make a fresh application at the same time. But I am not sure whether I can do this or not

read this

[rsathish]

(UKBA rejected on the same grounds of SU07 and employment contract (although I provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60).

Hi,
If you had already provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60, what else they were expecting?
- SU07 and employment contract ? were you sponsoring parent? could you pls provide more details..

[mrsenn]

(UKBA rejected on the same grounds of SU07 and employment contract (although I provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60).

Hi,
If you had already provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60, what else they were expecting?
- SU07 and employment contract ? were you sponsoring parent? could you pls provide more details..

Hi.

Yes you are correct. I submitted everything you mentioned but they were also expecting SU07 and employment contract. I was sponsoring my wife and kid.

Thanks.
Senthil

[rsathish]

(UKBA rejected on the same grounds of SU07 and employment contract (although I provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60).

Hi,
If you had already provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60, what else they were expecting?
- SU07 and employment contract ? were you sponsoring parent? could you pls provide more details..

Hi.

Yes you are correct. I submitted everything you mentioned but they were also expecting SU07 and employment contract. I was sponsoring my wife and kid.

Thanks.
Senthil

I'm surprised. From when did SU07 become mandatory for wife & kid. As far as I remember, it was compulsory if you are sponsoring other family members / relatives, not your immediate dependants isn't?

Also, why employment contract - I'd assume the employee letter, P60 and the bank slips would prove the income. What more would they learn or be happy with the employment contract?

Also what were your timelines. Sorry if you have already posted it elsewhere.

[mrsenn]

(UKBA rejected on the same grounds of SU07 and employment contract (although I provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60).

Hi,
If you had already provided notarised sponsorship letter, pay slips, bank stmts, employer letter and P60, what else they were expecting?
- SU07 and employment contract ? were you sponsoring parent? could you pls provide more details..

Hi.

Yes you are correct. I submitted everything you mentioned but they were also expecting SU07 and employment contract. I was sponsoring my wife and kid.

Thanks.
Senthil

I'm surprised. From when did SU07 become mandatory for wife & kid. As far as I remember, it was compulsory if you are sponsoring other family members / relatives, not your immediate dependants isn't?

Also, why employment contract - I'd assume the employee letter, P60 and the bank slips would prove the income. What more would they learn or be happy with the employment contract?

Also what were your timelines. Sorry if you have already posted it elsewhere.

I was surprised too. It was never made mandatory but from what I have seen in the other threads, it looks like it is a case of "mis-training" but happening all across the different consulates.

Apparently when the new rules came into effect in July they added a clause to say that the employment is mandatory to prove your basic salary. They just want to stick by the rules and reject even if there is a slightest issue from our end. However, if you are applying from within the UK in person, atleast the Case worker is giving the applicants to produce these documents later.

It took 2.5 months for them to reject the application.