Spouse Visa refused; no p60

[myspouse]

Hi guys..

I'm in disbelief right now. My wife and child settlement visa applications were refused over a p60. The ECO basically says because a p60 was not submitted then the financial requirements are not met.
The application was made under Category B hence payslips and bank statements covering the last 12 months prior to the date of applications were submitted. And my payslips over the last 12 months amount to £25110 and a letter of employment states that my annual gross income including night-shift premium and weekend working is approximately £24300 and my contract of employment was also there.

I was of the opinion that a p60 is not a requirement and learnt on the day the documents had to be submitted to the Visa centre in South Africa that if you have a p60 you can submit it. But we never thought the applications could be refused only on that basis.

Now is this refusal justified; or, is the absence of a p60 a refusal ground??

PLEASE HELP ME, GUYS...

[Rayking]

May be you should attach the refusal letter for people to see,there's no way you would have been refused for not submitting p60,however you have a strong reason to appeal and confident the refusal will be overturned before hearing.
I still don't think someone will be refused because of P60,let's have a look into the refusal letter.

[Obie]

AGREE with Rayking.

2A. (i) In respect of salaried employment in the UK (paragraph 2 of this Appendix), statutory or
contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this
Appendix), or a director's salary paid to a self-employed person (paragraph 9 of this Appendix),
the applicant may, in addition to the payslips and personal bank statements required under that
paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued). If
they do not, the Entry Clearance Officer or Secretary of State may grant the application if
otherwise satisfied that the requirements of this Appendix relating to that employment are met.
The Entry Clearance Officer or Secretary of State may request that the applicant submit the
document(s) in accordance with paragraph D of this Appendix.

Therefore provision of P60 is not mandatory.

D. (a) In deciding an application in relation to which this Appendix states that specified
documents must be provided, the Entry Clearance Officer or Secretary of State ("the decision-maker") will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub
-
paragraph (b) or (e) applies.
(b) If the applicant:
(i) Has submitted:
(aa) A sequence of documents and some of the documents in the sequence have
been omitted (e.g. if one bank statement from a series is missing);
(bb) A document in the wrong format (for example, if a letter is not on letterhead
paper as specified); or
(cc) A document that is a copy and not an original document; or
(dd) A document which does not contain all of the specified information; or
(ii) Has not submitted a specified document,
the decision-maker may contact the applicant or his representative in writing or otherwise, and
request the document(s) or the correct version(s). The material requested must be received at
the address specified in the request within a reasonable timescale specified in the request.

.....................

(f) Before making a decision under Appendix FM or this Appendix, the decision-maker may
contact the applicant or their representative in writing or otherwise to request further information
or documents. The material requested must be received at the address specified in the request
within a reasonable timescale specified in the request.

The decision maker should have contacted the applicant or their representatives before making a decision.

In any event, a P60 is not a Mandatory requirement, and even if it was, the decision maker is required to contact the applicant if he or she feels that a relevant documents, unless the provision of the missing document will make no difference to the success of the application, as the application will stand to be refused on other basis.