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Help! My spouse visa got refused with a wrong reason

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Sisicheung0608
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Joined: Sat Aug 27, 2016 3:38 pm

Help! My spouse visa got refused with a wrong reason

Post by Sisicheung0608 » Sat Aug 27, 2016 4:23 pm

Hi everyone, I've applied the spouse visa extension at the end of april (the visa expire in July), just got the result today that they refused it because of the financial requirement, which is incorrect, my husband is earning a lot more than they ask.
We have provided all the documents they want such as my husbands payslips, bank statements, employment letter which included the annual salary and the job type which is permanent, a tax year letter 2015-2016 april from HM that show my husband has been earning a double of what they required etc….they have sent me everything back accept all my husband's payslip, bank statement and the employment letter and all my passports (they sent my husbands back)…. can anyone tell me whats going here? what should I do next for the appeal? thank you.

Here is the refusal on the letter:
You have provided evidence to show that your partner is working in the UK. We have cancelled an average wage using the wage slips provided and got a average wage per annum from this. This is because your partner has not been in the same employment for 6 months. This come around 15,772 pounds per year. This is below the required amount and therefore you fail to meet E-LTRP.3.1. of Appendix FM of the immigration Rules. Consequently, you fail to meet the eligibility requirements od paragraph R-LTP.1.1.. ©(ii) because fail to meet paragraph E-LTRP.3.1 of Appendix FM of the immigration Rules.

My question are 1) why does it matter my husband has changed his job even though he has been earning more that they ask? 2) why they haven't post me back my husbands payslips, bank statements, the employment letter and all my passports? 3) what should I do now? should I appeal and how? we have followed the link they provided but we found it so confusing , don't know which appeal option we should choose…

Hopefully someone can give me some advice, thank you very much.

physicskate
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Re: Help! My spouse visa got refused with a wrong reason

Post by physicskate » Sat Aug 27, 2016 5:29 pm

1.) It matters because that is what Category A requires. Category B is multiple employment over the last year. All pay slips from the last 12 months and corresponding bank statements were required as proof.

2.) Did you not send them copies? They keep copies and send back originals if you supplied copies.

3.) Reapply sending the correct documentation. Appeal or ask for reconsideration if you did provide the last 12 months of pay slips and bank statements.

Sisicheung0608
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Joined: Sat Aug 27, 2016 3:38 pm

Re: Help! My spouse visa got refused with a wrong reason

Post by Sisicheung0608 » Sat Aug 27, 2016 7:59 pm

Thank you very much for the reply!

1) to be honest I can't remember which Category have I applied to, what is the different between A and B besides what you have mentioned?

2) the documents are all original but some of it looks like a copy because its black and white like the p45, payslips…. and they haven't give my back my passports (I have 3 of them included the one is expired)… and it says on the letter that they have calculated my husbands average wage from the payslips that we provided… so they shouldn't even use them as the evidence if they think they are copies? and how should I get it all back now?

3) I have to find out how to get the missing documents back before I can re apply...

should I appeal now? they give me 11 days to do it otherwise I'll have to leave the country… I've tried to do it followed the link they provided and got some choices of appeal, don't really don't which one is right for my situation, the choices are
1.Your human rights or protection claim has been refused while you’re in the UK
2.A decision made under the European Economic Area (EEA) Regulations, eg the Home Office has refused to issue you a residence document
3.A decision by the Home Office to deport you (as an EEA National)
4. A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office
5. A decision to remove your UK citizenship
6. A decision to take away your protection status
7.Certain decisions about applications submitted before 6 April 2015

I'm from Hong Kong and holding a british national oversea passport….

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Casa
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Re: Help! My spouse visa got refused with a wrong reason

Post by Casa » Sat Aug 27, 2016 8:05 pm

As physicskate has asked...did you submit the required 12 months of payslips?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Sisicheung0608
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Posts: 5
Joined: Sat Aug 27, 2016 3:38 pm

Re: Help! My spouse visa got refused with a wrong reason

Post by Sisicheung0608 » Sat Aug 27, 2016 8:13 pm

just asked my husband and he said we have applied category B, and we believed we have posted them what they are asking...

Sisicheung0608
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Joined: Sat Aug 27, 2016 3:38 pm

Re: Help! My spouse visa got refused with a wrong reason

Post by Sisicheung0608 » Sat Aug 27, 2016 8:36 pm

We haven't provided 12 months payslips because we don't have all of it, but we have provided payslips eventrally through the past year. T
we have got another letter from HM that required for 1) the employment letter that includes the annual salary and the job type 2)more bank statement for the past 6 months. 3) more letter to prove the address we are living with our names.

we have done what they required on time….

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