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30th August 2012 #1
finally my passport is in my hand with my REFUSAL PAPER ..
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
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30th August 2012 #2
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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.
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30th August 2012 #3
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30th August 2012 #4
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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..
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30th August 2012 #5
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
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30th August 2012 #6
Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
God bless.
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30th August 2012 #7
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30th August 2012 #8
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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
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30th August 2012 #9
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30th August 2012 #10
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30th August 2012 #11
this is ridiculous as they easily refuse the applicant for such a stupid reason ...
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30th August 2012 #12
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30th August 2012 #13
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30th August 2012 #14
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30th August 2012 #15
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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.
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30th August 2012 #16
i mean him sorry
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30th August 2012 #17
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30th August 2012 #18
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30th August 2012 #19
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30th August 2012 #20
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30th August 2012 #21
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30th August 2012 #22
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It is just their delaying tactics to control the immigration in the UK.
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30th August 2012 #23
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30th August 2012 #24
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,
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30th August 2012 #25
It makes it sound more stupid when you think £600 over a year is £11.53 per week not even 2 packs of cigarettes here
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30th August 2012 #26
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30th August 2012 #27
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30th August 2012 #28
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 ....
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30th August 2012 #29
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 .
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30th August 2012 #30
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Firstly let me say how sorry I am to hear this.
Secondly, I feel that the ECO may have made an error of judgement in connection with the rules concerning bonuses and overtime under Appendix FM of the Immigration Rules.
Provided ALL the other financial evidence is compliant to rules, then this decision should be overturned by the ECM.
It is clearly stated by UKBA within Annex FM Section FM 1.7 under section 5.4 and sub-section 5.4.1 (page 13) that:-
Overtime, commission-based pay and bonuses will be counted as earnings from salaried employment.
Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for at least the last 6 months, the applicant can count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement.
The major issue that has been used against the application is that of the employers supporting documents. These appear to state that the gross annual salary is £18000
I recall telling you at the time that this would not be a good input.
It seems to me that perhaps the employer has only confirmed basic salary and not actual gross payments. This fact does need some explanation and your husband may need to secure an additional employer letter stating this.
My advice is to prepare the formal appeal papers and follow correctly the procedure.
At the same time you should make a letter for the ECM requesting reconsideration as the rules for financial requirement has been complied with according to the statements within Appendix FM of the Immigration Rules and that the ECO has incorrectly stated that bonuses and overtime cannot be counted.
But please do check that all the submitted documents are compliant including the lowest level of payslip with the 6 months supplied.
Hope this helps in some way
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