Spouse visa refusal (re-apply or appeal)

[Amrsatw]

I had applied for spouse visa in Feb192016 and decision was made on the 16mar2016. It was refused for not meeting the financial requirements. I had telephone interview which was unexpected and I was unable to clarify things and got nervous.
This was based on my part time job and they didn't ask much about my full time at all.
The refusal letter says:-
Your sponsor was interviewed in connection with her employment on14tO3116.1 note that she gave an incorrect start date for her employment with xxxxxxxxxx xxxxx and also stated that this company's office was in an Office Block in Hxxxx However, checks undertaken by this office and detailed in the attached DVR show that the address given for this company, 53 xxxxxxxxx Road, Hxxxxxx Middx, is a residential house address. Furthermore I note that the landline number qiven for company is unobtainable and the stated website address does not display a functioning website. I further note that your sponsor stated that she is paid an hourly rate by this company and that her hours are variable. However, lhe pay-slips presented show identical monthly amounts being paid from September,2OlS to December 2015 which is inconsistent with variable hours being worked.. I further note that your sponsor was in lndia for 23 days from 06111115 to 29111115 yet her pay-slip for November, 2015 does not indlcate any holiday pay and is identical to her October, 2015 pay-slip.

Please help if I should re-apply or appeal? If appeal then what supporting evidence to provide and if new application how can I cover these points so it won't get refused again?

[member]

I had applied for spouse visa in Feb192016 and decision was made on the 16mar2016. It was refused for not meeting the financial requirements. I had telephone interview which was unexpected and I was unable to clarify things and got nervous.
This was based on my part time job and they didn't ask much about my full time at all.
The refusal letter says:-
Your sponsor was interviewed in connection with her employment on14tO3116.1 note that she gave an incorrect start date for her employment with xxxxxxxxxx xxxxx and also stated that this company's office was in an Office Block in Hxxxx However, checks undertaken by this office and detailed in the attached DVR show that the address given for this company, 53 xxxxxxxxx Road, Hxxxxxx Middx, is a residential house address. Furthermore I note that the landline number qiven for company is unobtainable and the stated website address does not display a functioning website. I further note that your sponsor stated that she is paid an hourly rate by this company and that her hours are variable. However, lhe pay-slips presented show identical monthly amounts being paid from September,2OlS to December 2015 which is inconsistent with variable hours being worked.. I further note that your sponsor was in lndia for 23 days from 06111115 to 29111115 yet her pay-slip for November, 2015 does not indlcate any holiday pay and is identical to her October, 2015 pay-slip.

Please help if I should re-apply or appeal? If appeal then what supporting evidence to provide and if new application how can I cover these points so it won't get refused again?

Were the reasons of refusal pointed out right or wrong?

[Jon.Mason]

They seem to be raising some fairly legit questions surely? How do you explain the issues raised? I think before anyone can advise you, it may be useful to clarify the reasons for the issues mentioned

[Amrsatw]

...

[Amrsatw]

They seem to be raising some fairly legit questions surely? How do you explain the issues raised? I think before anyone can advise you, it may be useful to clarify the reasons for the issues mentioned

Basically for starters my start date was not given wrong I actually gave the date my contract was signed instead. I can explain that and reattach my contract. The location given by me was also correct and my employer didn't update the current address on the letterhead. So he can write a covering letter and give the right address. Regarding the landline number and website, they don't use those anymore so he can mention in the covering letter they don't need these as his customers reach out to him through his mobile phone. My hours do vary and they mentioned my payslips from sept to Dec are identical however for January it was higher due to overtime worked and that payslip was attached with the application as well. And my holiday pay wasn't mentioned on the payslip because it was paid leave if it was in paid then it would have been mentioned and also my full time payslip didn't mention holiday pay either so they're just making a big fuss. Now I don't know if it's worth re-applying or going through appeal process

[Casa]

They seem to be raising some fairly legit questions surely? How do you explain the issues raised? I think before anyone can advise you, it may be useful to clarify the reasons for the issues mentioned

Basically for starters my start date was not given wrong I actually gave the date my contract was signed instead. I can explain that and reattach my contract. The location given by me was also correct and my employer didn't update the current address on the letterhead. So he can write a covering letter and give the right address. Regarding the landline number and website, they don't use those anymore so he can mention in the covering letter they don't need these as his customers reach out to him through his mobile phone. My hours do vary and they mentioned my payslips from sept to Dec are identical however for January it was higher due to overtime worked and that payslip was attached with the application as well. And my holiday pay wasn't mentioned on the payslip because it was paid leave if it was in paid then it would have been mentioned and also my full time payslip didn't mention holiday pay either so they're just making a big fuss. Now I don't know if it's worth re-applying or going through appeal process

How do you explain that the address given by you isn't an office block, it's a residential address? Surely you would know the correct address for your husband's application, whether the employer had updated his company's letterhead or not. Does your employer have evidence of your tax/NIC deductions paid to HMRC? Do you have a P60 for the previous tax year?

[CR001]

Basically for starters my start date was not given wrong I actually gave the date my contract was signed instead. I can explain that and reattach my contract. The location given by me was also correct and my employer didn't update the current address on the letterhead. So he can write a covering letter and give the right address. Regarding the landline number and website, they don't use those anymore so he can mention in the covering letter they don't need these as his customers reach out to him through his mobile phone. My hours do vary and they mentioned my payslips from sept to Dec are identical however for January it was higher due to overtime worked and that payslip was attached with the application as well. And my holiday pay wasn't mentioned on the payslip because it was paid leave if it was in paid then it would have been mentioned and also my full time payslip didn't mention holiday pay either so they're just making a big fuss. Now I don't know if it's worth re-applying or going through appeal process

No, HO is not 'making a big fuss'. They have raised valid questions based on the documents you submit. If you are hourly paid, your payslip should say 'holiday pay'. The address issue and other company info they have an issue with is not a 'small, can correct with letter' issue. HO are questioning if you have a genuine job.