finally my passport is in my hand with my REFUSAL PAPER ..

[rhaichard]

i hate this ... it break my heart .. i wait 1 month for nothing

the decision :

You have applied to settle with your husband in the UK . Your husband is not exempt from the financial requirements as defined in paragraph E-ECP .3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties .

In order to meet the financial requirements of the rules your husband needs a gross income of at least 18,600gbp per annum. Your husband has submitted various documents from his employer that show that his income his 18,000gbp per annum. I note that your husband receives bonuses and payment for overtime worked . However ,these cannot be counted towards the income threshold.

Saving can be counted against the whole or any part of the 18,600gbp threshold. As your husband has not met the required income threshold , in order to qualify ,you and your husband require 17,500 ( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

I therefore refuse your application under Appendix FM of the Immigration Rules.




i passed my husband 7months payslip showing that he have regular bonuses and overtime with his employer letter and contract . how can our financial requirement is not qualified ??


can anyone give us advice ? can we have successful appeal just in case we appeal for this matter .. my mind is blank now and my husband cant concentrate in his work now

[jehzroblenida]

Sorry to hear that rhaichard! Ask your husband if he has any savings different from his current account?

We'll be happy to give advice in this forum.

[rhaichard]

Sorry to hear that rhaichard! Ask your husband if he has any savings different from his current account?

We'll be happy to give advice in this forum.

he want to know if he can have third parties because he dont any savings as he stop working for 10months

[jehzroblenida]

he want to know if he can have third parties because he dont any savings as he stop working for 10months

My understanding with the new rules is they don't accept third parties anymore. Not too sure about it though. The thing is, your husband is only short by 600 pounds. ECO's can be very awful most of the time.
Does he own any property? He might include that as supporting documents..

[rhaichard]

My understanding with the new rules is they don't accept third parties anymore. Not too sure about it though. The thing is, your husband is only short by 600 pounds. ECO's can be very awful most of the time.
Does he own any property? He might include that as supporting documents..

no

[quickwillow]

I'm so sorry to hear about your refusal, you are only just short of £18,600 it seems crazy to me they are so strict

[rhaichard]

I'm so sorry to here about your about refusal, you are only just short of £18,600 it seems crazy to me they are so strict

very awful ... i cant believe ... in his p60 he earned 11,743.93gbp for 7months

[lastlid]

very awful ... i cant believe ... in his p60 he earned 11,743.93gbp for 7months

Sorry to hear this. And now we know that overtime bonuses arent taken into consideration. WOW I am amazed.

Once upon a time my salary was made up of bonus money to the tune of 50%. I wonder how they would have seen our application under those circumstances.

[rhaichard]

Sorry to hear this. And now we know that overtime bonuses arent taken into consideration. WOW

i thought any legal income is required .. ? what we gonna do now ?? he also not allowed to have his third parties

[quickwillow]

very awful ... i cant believe ... in his p60 he earned 11,743.93gbp for 7months

it he earns this about in 7 months thats £1677 per month over 12 months it would be over £20,000 annually

[rhaichard]

it he earns this about in 7 months thats £1677 per month over 12 months it would be over £20,000 annually

yeah , he worked 6 days a week so how can he have a second job ...

[Eyes O'Donnell]

Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
God bless.

[rhaichard]

this is ridiculous as they easily refuse the applicant for such a stupid reason ...

[jehzroblenida]

this is ridiculuos a they easily refuse the applicant for such a stupid reason ...

Rhaichard try to email Ambassador Lillie he might help.

[rhaichard]

Rhaichard try to email Ambassador Lillie he might help.

dont know how to contact her jehzro ...

[rhaichard]

i mean him sorry

[Arthur Little]

this is ridiculous as they easily refuse the applicant for such a stupid reason ...

... hello, Rhaichard. Apologies for my somewhat belated ... which, , happens to coincide with your Spousal Visa being refused.

wholeheartedly with your sentiments, and (as you've seen from the many supportive messages you have already received on this and OTHER threads arising from it) so, too, do your fellow members ... who, in the circumstances, also feel most strongly that, the ECO dealing with your case does seem to have been what we British would call "splitting hairs" in this instance. Hopefully, justice will be done - and his/her decision soon overturned by a more senior officer.

[rhaichard]

..http://filipinaroses.com/images/smilies/crazy.gif. hello, Rhaichard. Apologies for my somewhat belated ... which, , happens to coincide with your Spousal Visa being refused.

wholeheartedly with your sentiments, and (as you've seen from the many supportive messages you have already received on this and OTHER threads arising from it) so, too, do your fellow members ... who, in the circumstances, also feel most strongly that, the ECO dealing with your case does seem to have been what we British would call "splitting hairs" in this instance. Hopefully, justice will be done - and his/her decision soon overturned by a more senior officer.

thanks ...

[rhaichard]

Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
God bless.

thanks ..

[travina]

a 600pounds short annually doesnt really make a big difference. honestly, since this is one of the most important and controversial mandatory requirement where ECO will be very meticulous when it comes to this, this is an issue where the ECO doesnt need to look for any error in your application because with this alone they can simply straightforwardly refuse your application. your option is either get a very very good lawyer but the result would still be 50-50 or your husband has to save up money first or get additional job to make up the 600pounds and then re apply

[rhaichard]

a 600pounds short annually doesnt really make a big difference. honestly, since this is one of the most important and controversial mandatory requirement where ECO will be very meticulous when it comes to this, this is an issue where the ECO doesnt need to look for any error in your application because with this alone they can simply straightforwardly refuse your application. your option is either get a very very good lawyer but the result would still be 50-50 or your husband has to save up money first or get additional job to make up the 600pounds and then re apply

he can earned more than 18,600 annualy with his regular overtime and bonuses ... it really give us headache ..

[travina]

he can earned more than 18,600 annualy with his regular overtime and bonuses ... it really give us headache ..

heres the thing a 600pounds short annually looks quite big , its quite tricky but when you divide the required annual gross income and your husband gross income by 12months

18,600 / 12= 1550
18,000/12 = 1500

the difference is only 50 pounds short monthly

this is just a very small amount, so you can point out that a 50pounds short monthly doesnt make you and your husband a burden to the government plus he has overtime and bonuses.

[rhaichard]

heres the thing a 600pounds short annually looks quite big , its quite tricky but when you divide the required annual gross income and your husband gross income by 12months

18,600 / 12= 1550
18,000/12 = 1500

the difference is only 50 pounds short monthly

this is just a very small amount, so you can point out that a 50pounds short monthly doesnt make you and your husband a burden to the government plus he has overtime and bonuses.

exactly travina ..

he had 50 every month for bonus
and
he had 300 every month for overtime
its clear that his bonuses and overtime is regular because his employer state about it in his employer letter ..

[travina]

exactly travina ..

he had 50 every month for bonus
and
he had 300 every month for overtime
its clear that his bonuses and overtime is regular because his employer state about it in his employer letter ..

maybe there is a way to solve this issue as its only very little shortfall plus the bonuses and overtime. my suggestion is you should get a solicitor to handle the appeal because thereason of refusal is in favour to the ECO.

[jehzroblenida]

It is just their delaying tactics to control the immigration in the UK.

[joebloggs]

there is no discretion at all he must be earning at least £18,600.
crazy they dont count overtime or bonuses I would go and see your MP Asap. but someone is going to have to take this and fight it in court oneday,

[quickwillow]

there is no discretion at all he must be earning at least £18,600.
crazy they dont count overtime or bonuses I would go and see your MP Asap. but someone is going to have to take this and fight it in court oneday,

I agree

[rhaichard]

there is no discretion at all he must be earning at least £18,600.
crazy they dont count overtime or bonuses I would go and see your MP Asap. but someone is going to have to take this and fight it in court oneday,

i dont know why they didnt count that ... such a silly and useless reason for my refusal application

[rhaichard]

any suggestion guys ??? what is the best thing to do ??


RE'APPLY
OR APPEAL ???


i dont care how long it will takes i just want to be with my husband ....

[rhaichard]

also in the decision :

In reaching this decision to refuse your application , I have given careful consideration right to family and private life under ARTICLE 8 of the European Convention on Human Rights. However ,I am satisfied that any perceived interference with your right to family life under article 8 is proportionate to the aim of maintaining an effective immigration control and does not therefore breach your Convention Rights. In addition , I am not satisfied that there are any insumrmountable obstacles to your family member travelling to your country to enjoy your life with you there .