uk spouse visa rejected twice

[charmypancholi]

My visas have been rejected twice though 1st time applied was our mistake so thought to reapply.just to given you all a brief idea my husband is a british citizen and owns a shop he works as an employee and is a 50%shareholder in the company ,
the refusal reason are as follows:

i note your previous refusal , i also note that you now state on your application that you are the manager of the store , and not a checkout operator as originally stated , you state on your application that the annual income is £21000 and that the gross income each month is £1750 , identical to when you declared yourself as a checkout operator , in support of this income you have provided low quality pay slips , which i have compared to your pay slips , i note the discrepancies below:

1:payslip dated 29/02/16 arrived in your account on 30/1/2016 a day later then detailed on your payslip,despite method being listed as bacs , a same day payment method.
2:payslip dated 30/01/16 arrived in your account on 02/03/16 2 days later then detailed on your payslip

*what is wrong if the pay went a day later ? 2nd date provided by eco is what i don't understand how is it possible?

i also note from the set of unaudited account you have provided that the administrative expenses for the wages and the stores for period ending 31/12/15 were £18903 considering the nature of the shop , which open source checks shows to be a large premises , i do not consider it credible that your salary for this store is annual amount of £21000 when the costs for the entire staff for the business for the period for £18903 , this calls into question your current employment and income.

*after giving salary and all the bills,the profit of the company is higher i don't know how they have calculated it the accounts provided by the accountant were from april until decemeber. what are the chances of the appeal here ? or should we just reapply again?

please help me out if anyone has any knowledge on what can be done next .

[CR001]

Why did he state 'check out operator' in one and then 'manager' in other? They are two very different jobs and two different pay scales.

Does he really earn that much? Seems HO might think he has fabricated payslips and his pay level to meet the requirements for the visa.

[charmypancholi]

hi cr001,

thank you for you reply.

he has never stated checkout operator it has always been a manager , the payslips were legit and were made by the company's accountant it was as per uk law . what i don't understand is we clearly stated in the cover letter saying he is the manager of the company and not a check out operator.

[CR001]

HO would have looked at the previous application and refusal so someone must have stated he was a check out operator in the first application.

[charmypancholi]

even if that would have been the case we stated clearly he is a manager an error might have occurred in the previous application but the question here is my husband works there pays taxes and its all approved by the accountant and the solicitor so y this refusal , it shouldn't matter what he works as, he earns more then £18600 thats what they need.

[Casa]

I'm confused. In your opening post you say that your husband owns the shop and is a 50% shareholder. How then as the owner can he also be the manager?

[CR001]

Well it does actually matter. If you/he stated in the first application that he was one thing and then changed it in the second application to another thing, it casts doubt on the validity and truthfulness of information you have provided.

What exactly was the 'error' in the first application?

[charmypancholi]

the first refusal was based on financial requirement ,since the company was was incorporated on 10th march my husband did a mistake and took the payslip for feb since the company stated but wasn't incorporated 2) he was a director of the company for the day as per companies house but that was an error made by the accountant but same date he resigned too.

[Casa]

So if he is employed as the manager in his own shop, did his 'employer' submit a letter confirming his salary and terms of employment on company letterhead? This is mandatory.

[charmypancholi]

hello casa,

yes ! all the documents were submitted