ECM Finally agree to review our case

[Katie_France]

Lulu65,

They just don’t care. It’s a government machine with lots of resources, while you will be punished again with solicitor fees, going into the litigation process.

[Ballmigirl17]

@Karpoork2

Thank you for sharing your story with me, Its sad that even with such an important job they have treated you like this. I honestly have no words for this situation anymore.

In regards to the financial requirement - i dont understand it either but the situation is this:

I was working for a company for 2 years 9 months. In September 2016 i got a pay rise to the 18,600 so had to wait at least one year to apply. In august 2017 a great opportunity found me and I started a new job earning 20,000 a year.

So for the previous job I got paid 27th July and then left on 4th August, which was one week payment plus my holidays as i never took any. in total was £1027

I started new job on 7th august, and they paid the last working day of every month. Which meant I got paid a week less but, the payment for the previous job added to this. which brought my total earned for that year up to £19,500 and something.... so where they got 18,400 from i dont know. I had 2 payslips from august so I can only assume they didn't calculate one of them properly or maybe didn't even acknowledge it.

I supplied all payslips from September 16 to august 17, my contract of employment from both jobs which state what I earned and what i was going to be earning. Also a letter from both employers to state what I earned. and also all my bank statements originals from the bank. so it was in black and white for them and still couldn't see it. I also recently heard they have access to HMRC website to see how much i earn etc, but not sure how true this is. Whats worse is they never even called to interview me or my employer...

[Ballmigirl17]

I have read all 4 pages, you really do need to calm down your illnesses are going to get even worse, you really do come across obsessed you just need to wait there are thousands of appeals going on and everyone is in the same boat we all just need to wait which is really hard I am sorry I am not giving any advice but I just don't want you to make yourself worse.

Thank you. I know I need to calm down its really hard as i am so broken, my fiance is my best friend my only friend. I do appreciate there are other people in this situation and wish I could be like the other people who are strong enough to wait this out I really do.

To be treated like we are criminals when we have done nothing wrong its really hard. I have suffered struggled and battled with mental health issues for years, since i was a child, and I was finally at peace when I met my fiance. We just want our lives back.

I have a huge issue with unfairness and I cant just let them get away with it. If it means damaging my health further in the meantime so be it. I need to get him back here and I know he would do the same for me and more.

But still thank you for your concerns xx

[Londoner007]

That's some crazy love there for your fiance lol.

No need to damage your health and take decisions so hastily. You have done well so far waiting it out, just need to wait a little longer now.

As advised before, it may help your anxiety if you went to Albania and visited your fiance very soon.

I hope you get a decision very soon.

[Ballmigirl17]

That's some crazy love there for your fiance lol.

No need to damage your health and take decisions so hastily. You have done well so far waiting it out, just need to wait a little longer now.

As advised before, it may help your anxiety if you went to Albania and visited your fiance very soon.

I hope you get a decision very soon.

your telling me! lol

were just so close now, but every response we have to wait for as you know 20 days every single time.

Due to losing my job in January because of the issues, visiting him is not an option as I cannot afford to sacrifice another job because of this. I last saw him for the Easter bank holiday, but if anything it just makes the anxiety worse as each time just makes it harder to leave him behind.

[Londoner007]

I hope the feeling is mutual. Get the loverboy to perhaps get some sort of employment and then send you plane tickets to join in for summer holidays!

[Ballmigirl17]

I hope the feeling is mutual. Get the loverboy to perhaps get some sort of employment and then send you plane tickets to join in for summer holidays!

were hoping it wont go that far lol

[Londoner007]

Eid rather lol. I hope you hear something so you will have double celebration!

[Ballmigirl17]

Hi All

Just an update, We have been trying endlessly to chase the review agreed by the ECM on the 27th February on the back of our complaints we had made previously.

We have still heard nothing, and have both submitted for our complaints to be reviewed to which our 20 day response time should be up next week.

2 Weeks ago we thought we would try our luck by contacting the UKVI by paying the £5.48 and my fiance emailed them to chase the review. They came back and asked for some details, and as of 23rd April they said we should get a response within 15 working days from the relevant department.

Monday My fiance got an email which stated the following:

Dear Sir / madam

Regarding Visa Application: XXXX
For XXXXX

Thank you for your enquiry
Please note that owing to the requirements of the UK Data Protection Act 1998, we cannot disclose any information regarding an application to a third party, including the UK sponsor, without prior consent from the applicant concerned.

The email address XXXXXX is not the one used when the application was made and it does not appear on the visa application form so we are unable to provide any information.
Where the email address you have used to contact us belongs to anyone other than the applicant, we are unable to provide any information without a signed letter of consent from the applicant, which can be scanned and emailed to visasheffield@homeoffice.gsi.gov.uk
An update has been sent to the email address on the application.

If you have any further enquiries, please visit our website at www.GOV.UK

Kind Regards
xxxxxxxx
UKVI Contact Centre Service - UK Decision Making Centre
www.GOV.UK




Now it was very strange to have received this email, because although my fiances email was not the email used to submit the application but my solicitors email was used instead, my fiances email address does in fact appear on the application form, which once again just proves more incompetence from them. He wrote them a letter as stated, with a copy of the application where his email was visible and asked them to let them share his own information with him. whether this will ever be acknowledged or not who knows.

Then at the same time as receiving that email, my solicitor received this email:

Dear Sir / madam

Regarding Visa Application: xxxxx
For xxxxxx

Thank you for your enquiry
We are continuing to work on the application and will make a decision as soon as we are able to. We cannot give a time scale for when a decision will be made, however I have escalated this to the appropriate Entry Clearance team so that it can be progressed as quickly as possible.

If you have any further enquiries, please visit our website at www.GOV.UK

Kind Regards
xxxxxxx
UKVI Contact Centre Service - UK Decision Making Centre www.GOV.UK



Making a decision as soon as they are able to? The agreed the review 9 WEEKS AGO!!!!!!!

Does anyone think this could be a positive thing? as we are not really sure what to make of it.

[Ballmigirl17]

Also, for anyone affected by the financial requirement please see this link, there is a section where you can fill in details about your story... not sure how seriously it will get taken but it is worth a try.

https://www.newstatesman.com/politics/j ... lies-apart

[CR001]

Also, for anyone affected by the financial requirement please see this link, there is a section where you can fill in details about your story... not sure how seriously it will get taken but it is worth a try.

https://www.newstatesman.com/politics/j ... lies-apart

The article is from May last year though.

There were also slight amendments to the rules in July 2017 following the MM case.

immigration-for-family-members/supreme- ... l#p1510710

[Ballmigirl17]

Also, for anyone affected by the financial requirement please see this link, there is a section where you can fill in details about your story... not sure how seriously it will get taken but it is worth a try.

https://www.newstatesman.com/politics/j ... lies-apart

The article is from May last year though.

There were also slight amendments to the rules in July 2017 following the MM case.

immigration-for-family-members/supreme- ... l#p1510710

Ahh I didn't see the date, strange as the author of the article had posted it on twitter yesterday so I was assuming it was a live thing.

[Ballmigirl17]

Hi Guys

We had our review decision through last week they have maintained the decision of a refusal for the reason of the financial requirement. Turns out the entry clearance manager is as incompetent as the original ECO.

Although they have only refused on the financial requirement, this time round there is no mention of the genuineness of the relationship or the bills they claimed to have not seen, which means they must of found them and now believe we are in a genuine relationship.

Devastated doesn't even come close. and I know what some of you may think, that it must be our fault because they have made same decision twice. but I can promise you on my life, I earned 19,500 and they have not calculated properly. I have all the documents to prove it. Its not as if they can say they haven't got them because Me, My fiance, MP, and Solicitor have all send it to them.

I really dont know what to do now.

[CR001]

Can you post a breakdown of each monthly earning amounts you were relying on and also state how long you have been in the job??

[Ballmigirl17]

Can you post a breakdown of each monthly earning amounts you were relying on and also state how long you have been in the job??

OLD JOB:
September 16 - £1550.00
October 16 - £1550.00
November 16 - £1550.00
December 16 - £1550.00
January 17 - £1550.00
February 17 - £1550.00
March 17 - £1550.00
April 17 - £1550.00
May 17 - £1550.00
June 17 - £1550.00
July 17 - £1550.00
August 17 - £357.69 - for one week + £741.06 for holidays I never took.

I was in this job for 3 years and left on 4th August. The 357 was for 1 weeks payment.

NEW JOB:
August 17 - 1376.81

I was on £20,000 a year at this job but only got paid 1376.81 due to starting one week later than their payroll. but the extra was made up with the 357 from previous job. I was in this job for 6 months but lost the job due to the refusal affecting my mental health and work life.


in total £19,538.56 is what i earned and they are saying i earned £18,426.81.


They have missed out the 1st payslip from august from my previous job, and i know they have it because i made sure the person who scanned it at TLS center in Tirana scanned it properly They know they have it. if you take away the 357 and 741 it totals to the amount they are saying. even with out the extra holiday pay, i still had 18,700.


In our complaint we told them you have missed this particular payslip i spell it our for them like they was a child and they still just ignored it.

[seagul]

Can you post a breakdown of each monthly earning amounts you were relying on and also state how long you have been in the job??

OLD JOB:
September 16 - £1550.00
October 16 - £1550.00
November 16 - £1550.00
December 16 - £1550.00
January 17 - £1550.00
February 17 - £1550.00
March 17 - £1550.00
April 17 - £1550.00
May 17 - £1550.00
June 17 - £1550.00
July 17 - £1550.00
August 17 - £357.69 - for one week + £741.06 for holidays I never took.

I was in this job for 3 years and left on 4th August. The 357 was for 1 weeks payment.

NEW JOB:
August 17 - 1376.81

I was on £20,000 a year at this job but only got paid 1376.81 due to starting one week later than their payroll. but the extra was made up with the 357 from previous job. I was in this job for 6 months but lost the job due to the refusal affecting my mental health and work life.


in total £19,538.56 is what i earned and they are saying i earned £18,426.81.


They have missed out the 1st payslip from august from my previous job, and i know they have it because i made sure the person who scanned it at TLS center in Tirana scanned it properly They know they have it. if you take away the 357 and 741 it totals to the amount they are saying. even with out the extra holiday pay, i still had 18,700.


In our complaint we told them you have missed this particular payslip i spell it our for them like they was a child and they still just ignored it.

you should have used category B where aggregation of all jobs income is considered. Your august 2017 income is very confusing but if its nearly £1550 in total like all of your previous than I think you had met the requirement.

[Ballmigirl17]

Can you post a breakdown of each monthly earning amounts you were relying on and also state how long you have been in the job??

OLD JOB:
September 16 - £1550.00
October 16 - £1550.00
November 16 - £1550.00
December 16 - £1550.00
January 17 - £1550.00
February 17 - £1550.00
March 17 - £1550.00
April 17 - £1550.00
May 17 - £1550.00
June 17 - £1550.00
July 17 - £1550.00
August 17 - £357.69 - for one week + £741.06 for holidays I never took.

I was in this job for 3 years and left on 4th August. The 357 was for 1 weeks payment.

NEW JOB:
August 17 - 1376.81

I was on £20,000 a year at this job but only got paid 1376.81 due to starting one week later than their payroll. but the extra was made up with the 357 from previous job. I was in this job for 6 months but lost the job due to the refusal affecting my mental health and work life.


in total £19,538.56 is what i earned and they are saying i earned £18,426.81.


They have missed out the 1st payslip from august from my previous job, and i know they have it because i made sure the person who scanned it at TLS center in Tirana scanned it properly They know they have it. if you take away the 357 and 741 it totals to the amount they are saying. even with out the extra holiday pay, i still had 18,700.


In our complaint we told them you have missed this particular payslip i spell it our for them like they was a child and they still just ignored it.

you should have used category B where aggregation of all jobs income is considered. Your august 2017 income is very confusing but if its nearly £1550 in total like all of your previous than I think you had met the requirement.

Yes category B was used when applying.

It sounds more complicated than it is, its hard to explain but once you actually see the payslip its not that hard to understand.

For august, I earned £1734.50 and thats without the 741.06 extra which was for the holidays i never took.

[seagul]

741.06 extra which was for the holidays i never took.

They do not care as what you eligible for and what will you receive in future rather all they care about as what have you earned.

[Ballmigirl17]

741.06 extra which was for the holidays i never took.

They do not care as what you eligible for and what will you receive in future rather all they care about as what have you earned.

yes and all together i earned £19,538.56

[Ballmigirl17]

After complaints to the resident and president judge of the immigration and asylum chamber, our case has finally been agreed to be expedited.

[Londoner007]

Nice, let's hope InshaAllah you get a very swift and fast positive decision. You have been very patient through your madness lol and I hope it finally ends soon.

[Ballmigirl17]

Nice, let's hope InshaAllah you get a very swift and fast positive decision. You have been very patient through your madness lol and I hope it finally ends soon.

Hi Londoner thank you!

its about time things finally started to look up, we are confident of a positive decision because we have done nothing wrong. My madness paid off in the end lol

[Londoner007]

Yes, finally its getting towards the end. All the best.

[Lulu65]

Don't give up Ballmigirl,

I know what you're going through and how stressful and depressing it can get. But in the end, it's worth it... After more than 2 years myself, we finally got our Visa. Although it's not the Visa we were expecting... We had originally applied for a Fiance Visa but we won our Appeal on Human Rights grounds so we got a Visa for "Leave to Remain Outside of the Rules", whatever that is. Basically, it puts me on a 10 year route but I don't care. As long as I can go back and live with my fiance. I can also work immediately with that Visa and it's valid for 33 months, so... All's well that ends well. We'll figure the rest out when I'm back for good.

Good luck to you and everything will work out

[Ballmigirl17]

Don't give up Ballmigirl,

I know what you're going through and how stressful and depressing it can get. But in the end, it's worth it... After more than 2 years myself, we finally got our Visa. Although it's not the Visa we were expecting... We had originally applied for a Fiance Visa but we won our Appeal on Human Rights grounds so we got a Visa for "Leave to Remain Outside of the Rules", whatever that is. Basically, it puts me on a 10 year route but I don't care. As long as I can go back and live with my fiance. I can also work immediately with that Visa and it's valid for 33 months, so... All's well that ends well. We'll figure the rest out when I'm back for good.

Good luck to you and everything will work out

Hi Lulu,

Thank you and glad yours is sorted now!!

It’s just me waiting for a court date, which could be at any time we just waiting for a case to be withdrawn or adjourned then we are first in line. I have never been more excited to embarrass the Home office for their big mess they have created.

I will let you know as soon as I get a court date xx