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  1. #1
    Respected Member rhaichard's Avatar
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    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


  2. #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.


  3. #3
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    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


  4. #4
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    Quote Originally Posted by rhaichard View Post
    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..


  5. #5
    Respected Member quickwillow's Avatar
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    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


  6. #6
    Respected Member Eyes O'Donnell's Avatar
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    Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
    God bless.


  7. #7
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    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


  8. #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


  9. #9
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by quickwillow View Post
    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


  10. #10
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by travina View Post
    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 ..


  11. #11
    Respected Member rhaichard's Avatar
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    this is ridiculous as they easily refuse the applicant for such a stupid reason ...


  12. #12
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by Eyes O'Donnell View Post
    Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
    God bless.
    thanks ..


  13. #13
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    Quote Originally Posted by rhaichard View Post
    this is ridiculuos a they easily refuse the applicant for such a stupid reason ...
    Rhaichard try to email Ambassador Lillie he might help.


  14. #14
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    Rhaichard try to email Ambassador Lillie he might help.
    dont know how to contact her jehzro ...


  15. #15
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    Quote Originally Posted by rhaichard View Post
    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.


  16. #16
    Respected Member rhaichard's Avatar
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    i mean him sorry


  17. #17
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    Quote Originally Posted by rhaichard View Post
    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.


  18. #18
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by travina View Post
    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 ..


  19. #19
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by lastlid View Post
    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


  20. #20
    Respected Member quickwillow's Avatar
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    Quote Originally Posted by rhaichard View Post
    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


  21. #21
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    Quote Originally Posted by rhaichard View Post
    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.


  22. #22
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    It is just their delaying tactics to control the immigration in the UK.


  23. #23
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by quickwillow View Post
    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 ...


  24. #24
    Moderator joebloggs's Avatar
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    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,
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  25. #25
    Respected Member quickwillow's Avatar
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    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


  26. #26
    Respected Member quickwillow's Avatar
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    Quote Originally Posted by joebloggs View Post
    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


  27. #27
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by joebloggs View Post
    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


  28. #28
    Respected Member rhaichard's Avatar
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    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 ....


  29. #29
    Respected Member rhaichard's Avatar
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    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 .


  30. #30
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    Quote Originally Posted by rhaichard View Post
    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
    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.
    It's also stated under 5.3.1 that:-

    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.
    From what you have said it is clear that the payslips and bank statements also met this 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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