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

[lastlid]

thanks for all the guidance, i'll get onto my boss asap for an updated letter, maybe he'll give me a pay rise to cover it

[andy222]

I feel devastated for you both. I think I know how you feel. I havent got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

[lastlid]

I feel devastated for you both. I think I know how you feel. I havnt got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

Hopefully it will all be ironed out by the time you apply.

[andy222]

I doubt it Lastlid if anything it will get worse. Just my opinion. But if I had the name of this ECO geezer my MP could investigate him. Confidentiality respected of coarse.

[lastlid]

I doubt it Lastlid if anything it will get worse. Just my opinion. But if I had the name of this ECO geezer my MP could investigate him. Confidentiality respected of coarse.

Would be nice if Rhaichard could PM you.

[andy222]

Too true mate.

[bigmarco]

Too true mate.

Yep I have asked for the name of the ECO in another thread on this matter to check if its the same one who refused us.

[rhaichard]

I feel devastated for you both. I think I know how you feel. I havnt got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

i sent the name of ECO

[andy222]

Ok thanks I will pass the name onto my mp. Like I said confidentiality will be upheld. I will let you know as soon as I hear anything.

[Iani]

I'm really sorry to hear about this, this government are vile.

I've been thinking though, where it could have gone wrong according to these rules (Which do as already said clearly state bonus and overtime can be included). I think perhaps here's the problem......

Total salary, including bonus, overtime can be included if the sponsor has been working for that employer for a year. He would have earned that in a year, and this would be his income.
He submitted for 7 months, not 12.

MAYBE if he's worked for that employer over a year, if he dug out his earlier 5 wageslips, then this would have been ok. Unfortunately, they are now also saying I think that appeal can't be made with extra information which should have been submitted at the initial time of application.

Alternatively he could have submitted just 7 months, if he had a number of jobs, and those employers would have written in letters stating that his eventual combined income would be over £18,600 - the base income. Similarly, he would only have needed to submit 6 months wageslips, if his current employer could have written the letter saying his base is £18,600 or over.

I guess their reasoning is that overtime can't be guaranteed for future and they won't count it, but they will count if it was past paid with proof and this took the income over.

Again, really sorry to hear this.

[Mr Pickwick]

Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris

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

[travina]

Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris

if im not mistaken the 16,000 is what your partner needs to have if hes not earning 18,600 annually. and should stay continuously in his account for 6 months I guess.

[Terpe]

Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris

Savings can be used in a number of ways, including being used to bring any shortfall in income up to the required level for visa.

However, ONLY those savings over £16000 can be counted. Savings up to £16000 are not counted at all.
Additionally, since the visa is issued for 30 months (2.5 years) those savings above the £16000 need to be 'factored' for that by using a 2.5 multiplier.

So, as per the example given if the annual income falls short by £600 then savings can be used to make up that shortfall
£600 x 2.5 = £1500
Means that savings of £17500 (£16000+£1500) would be needed to satisfy requirements.

Hope that makes sense.

[lastlid]

I'm really sorry to hear about this, this government are vile.

I've been thinking though, where it could have gone wrong according to these rules (Which do as already said clearly state bonus and overtime can be included). I think perhaps here's the problem......

Total salary, including bonus, overtime can be included if the sponsor has been working for that employer for a year. He would have earned that in a year, and this would be his income.
He submitted for 7 months, not 12.

MAYBE if he's worked for that employer over a year, if he dug out his earlier 5 wageslips, then this would have been ok. Unfortunately, they are now also saying I think that appeal can't be made with extra information which should have been submitted at the initial time of application.

Alternatively he could have submitted just 7 months, if he had a number of jobs, and those employers would have written in letters stating that his eventual combined income would be over £18,600 - the base income. Similarly, he would only have needed to submit 6 months wageslips, if his current employer could have written the letter saying his base is £18,600 or over.

I guess their reasoning is that overtime can't be guaranteed for future and they won't count it, but they will count if it was past paid with proof and this took the income over.

Again, really sorry to hear this.

I still go back to my real illustration of an offshore oil worker who earns £600 per day when he works. On that rate he is gauranteed nothing. In practice he may well work 150 to 250 days a year. This is an extreme but real illustration and wonder how the ECO would deal with such a case.

The guy would be on 100% bonuses! And bringing home a lot of money. He could show his payslips and P60s. But would he get turned down as he has no fixed income as such....his work cant be guaranteed.

[joebloggs]

I wonder if he would be classed as self employed thou lastlid

[lastlid]

I wonder if he would be classed as self employed thou lastlid

Possibly. And if so he would be hiring an accountant too. But he would surely face the same obstacle of thinking in terms of irregular income?

However, many dayraters pay PAYE and classed as employed.

In my case I was both a dayrater and a basic income earner. As I said, approximately 50% of my salary was in bonuses. My income was not fixed. It all depended on the number of days I worked offshore in a year and the only time I knew that was at the end of the year.

I always faced this problem when going for a mortgage. Often, the representative of the building society had no familiarity with my kind of earnings structure and how it worked and they would immediately give me an adverse reaction to the said bonuses. I had to convince them otherwise as they wouldn't have given me the amount of mortgage I was after otherwise. Eventually they would see sense.

I always paid PAYE and was classed as employed.

I know many people that earn £200 a day and more in bonuses and pay PAYE. If they work 180 days of the year then that is £36000 per annum. What if their basic salary is £18000 per year and wanted to bring a spouse into the UK from the Philippines? They would be reliant on the bonuses clause in the regulations.

[rhaichard]

my husband worked in his employer 11 months this august at the moment ... he had his p60 for only 7months he start working in his employer 17 september and his employer pay my husband every end of the month ... as i remember i passed 7 original with 2 scan copies of my husband payslip its from October to June payslip because i applied last 26 of july

[rhaichard]

my husband regular wage is 1,500 pounds monthly
with his 50 pounds bonuses monthly and
300 pounds every month ..


we only short 600 pounds for total annum .. and that will be 50 pounds a month , but he have his regular bonuses and that is 50 pounds ... we still qualify for financial requirement if the ECO counted the bonuses and overtime ... all his payslip have that .. and the ECO note in the end that " overtime and bonuses is not counted as income threshold "

[grahamw48]

I bet the tax man doesn't disregard the overtime and bonuses.

[Terpe]

my husband regular wage is 1,500 pounds monthly
with his 50 pounds bonuses monthly and
300 pounds every month ..


we only short 600 pounds for total annum .. and that will be 50 pounds a month , but he have his regular bonuses and that is 50 pounds ... we still qualify for financial requirement if the ECO counted the bonuses and overtime ... all his payslip have that .. and the ECO note in the end that " overtime and bonuses is not counted as income threshold "

You really need to get messages to the Embassy Visa section asap outling your case and the clear mistake of the ECO Mr.xxxxxxxx
Better asap in order to minimise risks of further delays

[lastlid]

I bet the tax man doesn't disregard the overtime and bonuses.

Exactly.

[rhaichard]

You really need to get messages to the Embassy Visa section asap outling your case and the clear mistake of the ECO Mr.xxxxxxxx
Better asap in order to minimise risks of further delays

we will terpe .. we are now getting letter from his employer about his salary with regular overtime especially his bonuses every month .. i hope this appeal wont take so long .. my in laws now is mad about the decision from ECO

[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.

[Mr Pickwick]

Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..

Savings can be used in a number of ways, including being used to bring any shortfall in income up to the required level for visa.

However, ONLY those savings over £16000 can be counted. Savings up to £16000 are not counted at all.
Additionally, since the visa is issued for 30 months (2.5 years) those savings above the £16000 need to be 'factored' for that by using a 2.5 multiplier.

So, as per the example given if the annual income falls short by £600 then savings can be used to make up that shortfall
£600 x 2.5 = £1500
Means that savings of £17500 (£16000+£1500) would be needed to satisfy requirements.

Hope that makes sense.

[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 ...

[jehzroblenida]

Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..

Hi Mr. Pickwick,

Just a suggestion, ask your accountant to read the UKBA site regarding the accounts. They can give you a big file of documents as evidence. That's what we did coz my fiancee and I had troubles understanding all the things that the UKBA requires as self-employed. Goodluck to your application

[Terpe]

Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..

Just a heads-up that any savings you intend to use must also have been in your account for 6 months

[andy222]

we will terpe .. we are now getting letter from his employer about his salary with regular overtime especially his bonuses every month .. i hope this appeal wont take so long .. my in laws now is mad about the decision from ECO

Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

[rhaichard]

Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

i dont know , but jehzroblenida also got the refused application to the same ECO

[lastlid]

Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

With a name like Rhodes, sounds like he / she isnt Filipino but presumably would be based in Manila? Unless it is a Filipina married to a foreigner?