pkm5 wrote: ↑Fri Feb 08, 2019 2:23 pm
Spouse Visa was refused for the following reason
"In order to meet the financial requirements of the rules your sponsor needs a gross income of at least £18,600 per annum. You state in you Appendix 2 form that you are relying on Cat A and D in order to meet the financial requirement. From the evidence provided, your sponsor's gross income from his employment with _______ is £16.823.96 per annum. I note that you have stated that your sponsors income is above £18,600 on the appendix 2, but on investigation your sponsor was paid twice in the month of June, once on 01/06/2018 (May pay) and again on 29/06/2018. You gave also provided a payslip which appears to be undated, but we gather this to be related to the payment made into your sponsor's bank account on 04/05/2018. This particular payslip has been disregarded from calculations as this would cover 7 months of employment. Therefore, in order to qualify, you and your sponsor require £20.440.10 in savings in order to meet the financial requirements . You have provided evidence that your sponsor holds £18,000.39 in savings; however this is not sufficient to meet the financial requirements. I therefore refuse your application."
This is part of the letter that they were sent on advice of my Immigration Solicitor
8. I work full time for ________. My basic annual salary is £18 200. I do receive bonuses and commissions. Last year I received a bonus of £600.
9. In the last 6 months preceding this application I have earned the following amounts
Month Amount
October 2018 1381.07
September 1434.58
August 1434.59
July 1382.07
June 2779.67
May 1380.81
Total 9792.79
10. I also have savings in the sum of £18000.
So they have basically taken Mays payment away which means that they have used the following calculation £8411.98 x 2 = £16823.96 which requires cash savings of ££20.440.10
If they had even used half of Mays pay that would have brought a total of 9,102.40 x 2 = 18.204.77 which means that I only needed savings of £16988.01
I get paid 13 times in a year so it is only fair that they divide that by 2 which would have meant that they had used half of Mays wage as well as the other wage slips
They also say that one of the wage slips was undated but this was not the case, 6 of the wage slips had the date at the top of the the wage slip but the one from May has the date written in a different place and this is because after May my employer had changed the layout of the payslips but still the dates were written on all of the wage slips
Everything else on the application in their eyes was fine
I emailed my solicitor a copy of the refusal letter and told him the home office did not agree with his calculations so he sent me the following reply
"There are good grounds to challenge the decision. The ECO clearly misunderstood the financial position. You have three choices:
Appeal the decision, note appeals for entry clearance takes long time to be heard in court almost on average 12 months
Do a fresh application, this will obviously be more expensive than the appeal in that you have to pay the EC fees
Do both at the same time."
I am going to see a different Immigration Solicitor today as I need a second opinion before I make any decision
Cash savings could be increased but this would mean a further wait of 6 months due to the fact that they would need to be in my account for a six month period and then even if they still only take into account 6 wages slips then at least with the cash savings would mean that I would meet the requirement
The one thing I was worried about with the application which I went to seek legal help if the thing that has come back and bit me in the mule
. That's why you were advised above that refusal is totally wrong because of above mentioned reason.