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Spouse Visa, Which Category Should I Apply?

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

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Hshah2009
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Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Sat Dec 09, 2017 4:06 pm

Can anyone assist with the following query I have completing VAF4A Appendix 2 (Financial Requirement)

What category should I Apply?

I am employed on permanent basis by the company from 1st April 2017 and paid hourly.
My earning varies a lot a month and they are as follow:
April £7500
May £7500
June £7500
July £750
Aug £750
Sep £750
Oct £1200
Nov £750

I have applied in October 2017 for spouse visa in Category A, on the basis of earning from April-Sep 2017 and with a current employer for 6 months.

But the visa got rejected and not clearly say why. Telling that have not provided all the documents (12 payslips), etc. And as well saying my payslips are not reflected in the bank statement.

Have provided 6 months payslip and 6 months bank statements and all the net amount from payslips are reflected in the statements.

Anyways I am planning to apply for fresh application, so can anyone please direct me in which category I apply now based on the earning above and with the current employer for 8 months.

Look forward to hear soon from someone.

Thank you.

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seagul
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Re: Spouse Visa, Which Category Should I Apply?

Post by seagul » Sat Dec 09, 2017 4:34 pm

Copy paste the refusal reason by deleting all personal details.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hshah2009
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Re: Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Sat Dec 09, 2017 5:09 pm

seagul wrote:
Sat Dec 09, 2017 4:34 pm
Copy paste the refusal reason by deleting all personal details.
Thank you Seagul for your reply. Have copy paste the refusal reason below.

Want to as well add that I have provided Oct 2017 statement (transactions from previous statement to current date to show my OCT 2017 pay) on a letter headed paper of the bank. But I have choosen scan and send service at the agent office in India, so might have case worker thought its an electronic statement.

Even though case worker thought it was electronic statement, he would have asked for original statement using Evidential Flexibility option?

Refusal reason as follow:

The evidence required to demonstrate income from salaried employment is specified in Appendix FM-SE:
2. In respect of salaried employment in the UK (except where paragraph 9 Applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) aperiod of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
You have not provided all of the specified documents listed above. These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided. In addition some of the documents that you have provided do not meet the evidential requirements of Appendix FM-SE. In particular, I have noted the following:
The payslips that you have provided are not reflected in the bank statements that you have provided with your application.
In view of the fact that you have not provided the specified evidence required in Appendix FM-SE to the immigration rules, I am not safisfied that you have met the financial requirement. In addition, I am not satisfied that you have demonstrated that your sponsor meets the income threshold. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)

Wanderer
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Re: Spouse Visa, Which Category Should I Apply?

Post by Wanderer » Sat Dec 09, 2017 5:28 pm

£7.5k a month?
An chéad stad eile Stáisiún Uí Chonghaile....

Hshah2009
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Re: Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Sat Dec 09, 2017 5:30 pm

Wanderer wrote:
Sat Dec 09, 2017 5:28 pm
£7.5k a month?
yes in April, May and June 2017

Obie
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Re: Spouse Visa, Which Category Should I Apply?

Post by Obie » Sat Dec 09, 2017 7:05 pm

The decision is clearly wrong. You qualify under cat A variable income. No need for 12-months salary.
Smooth seas do not make skilful sailors

Hshah2009
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Re: Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Sat Dec 09, 2017 8:13 pm

Obie wrote:
Sat Dec 09, 2017 7:05 pm
The decision is clearly wrong. You qualify under cat A variable income. No need for 12-months salary.
Thank you Obie for your reply. But I don't want to appeal as its a very long process.

I am planning to apply again, so which Category shall I apply.

Thank you.

Hshah2009
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Re: Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Sun Dec 10, 2017 8:59 am

Obie wrote:
Sat Dec 09, 2017 7:05 pm
The decision is clearly wrong. You qualify under cat A variable income. No need for 12-months salary.
Dear, Obie
If I consider to appeal what the time frame I am looking to get the case reviewed by ECO Manager?

If you can help in the following question then it will be much helpful, Form IAFT-6

1. Section 2 (b) Name of the decision making post:
2. Section 3 (d) Please explain which article of the Human rights Act you are appealing under and give reasons to support your claim.

Will look forward to your help.
Thank you.

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seagul
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Re: Spouse Visa, Which Category Should I Apply?

Post by seagul » Sun Dec 10, 2017 12:01 pm

I guess that your guess is correct that as you told that you have submitted application in India and to show your October wages you submitted branch official printed bank statement. I think the structure of that bank statements were not familiar to them. Secondly it's always wise to mention either in covering letter or separate section that what financial requirement mode is being chosen instead leaving on caseworker to decide.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hshah2009
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Re: Spouse Visa, Which Category Should I Apply?

Post by Hshah2009 » Tue Dec 12, 2017 7:13 pm

Can anyone please suggest, in which category shall I apply?

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seagul
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Re: Spouse Visa, Which Category Should I Apply?

Post by seagul » Tue Dec 12, 2017 7:43 pm

As you are with your employer from at least 6 months and earning variable income so category A non-salaried person.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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