sharing my experience

[rhaichard]

I applied for spouse visa last 26 July 2012 , my husband and I was very confident because we know that we passed the financial requirement under the new rules.After 2 weeks my passport and documents didn't come so I looked on website to get some answer and i found this forum,that time Leen also didn't get her passport back and I also read Jehzroblenida refusal about her fiancee visa.I felt worried and scared at that time.

29 August i received email from British Embassy and VFS that they despatched my passport back to me but i didn't get any email from Manila Visa Hub saying that my visa is also despatched.I cried,worried,moaned and nag to my husband because I know that the result is not good.

30 August I received my passport and refusal decision .ECO stated I note that your husband receives bonuses and payment for overtime worked. However,these cannot be counted towards the income threshold. I was shocked,so even though I'm crying I typed my refusal decision and posted into this forum ( how lucky I am I found this forum ). They give the new rules about the financial requirement and it's clear state there that bonuses and overtime worked is counted as income threshold

My husband earned 18,000pounds per year so its only 600pounds short but i passed 9 payslips showing that he earned more than that because he earned 50pounds and 300pounds per month as bonuses and overtime and in his p60 for 7 months that we already earned 11,743pounds .. lot of members help me and give some advice ..


3 September , we filled up the appeal online ,after that my husband sent complaint letter to the embassy

Dear Sir / Madam



my wife and I recently applied for a spouse visa that has been declined due to my salary being short by £600 per year, under the rules laid out in section 5.4.1 In respect of earnings from salaried employment: it clearly states that:



• Overtime, commission-based pay and bonuses will be counted as earnings from salaried employment.



in our refusal letter which I've had scanned and included with this email the E.C.O a Mr P Rhodes has stated that overtime and bonus cannot be counted towards the income threshold.

In our application we submitted my payslips to show that my guaranteed bonus which covers the £600 is paid every month & I also do on average £300 per month overtime, this easily covers the £18600 threshold.



We’ve spent quite a lot of time and money making sure we pass all of the visa requirements, we’re trying to do everything correctly by ourselves & are giving all of the correct information that is required, we don't want to have to keep spending money on new applications & appeals when our application was correct this time.

I hope there is someway to have this mistake looked at and overturned as we’ve already missed our 1st wedding anniversary together and we don't want to be apart more than we have been already.







Kind regards



Mr Rhaichard

( moderators and some members advise that to make our appeal quicker )

5 SEptember they emailed us

Dear Mr Rhaichard



Manila Ref: 7*****



Thank you for your email of 3 September concerning your wife’s visa refusal.



Please note that due to the Data Protection Act, we can only discuss personal details with individual visa applicants or their authorised representative. In the absence of a signed confirmation from the applicant that she is happy for you to act on her behalf, we are unable to discuss with you her visa refusal.



The applicant may send the authorisation letter in an email attachment to this mailbox so we may refer your concerns to the Entry Clearance Manager for consideration.





Yours sincerely





Ms B Pastolero

Appeals and Correspondence Manager, Manila Visa Hub

NE Asia/Australasia

International Operations and Visas

UK Border Agency

so the next day I sent to them my signed authorisation letter .. the same day i received this ..

Dear Mrs Rhaichard



Manila Ref: 7*****



This is to acknowledge the authorisation letter you have sent for your husband.



Please be informed that the decision to refuse your application for entry clearance has been reviewed by an Entry Clearance Manager and has been overturned. Please submit your passport so that an Entry Clearance Officer can consider your application further.



Please send your passport, via courier, to the Embassy within 2 weeks from the date of this letter to the following address:



Correspondence Team MNL/ 7*****

International Operations and Visas

British Embassy Manila

120 Upper McKinley Road

McKinley Hill

Taguig City 1634



PLEASE ENSURE YOU INCLUDE A PRE-PAID COURIER RETURN ENVELOPE. You can use the following courier companies: LBC/Aboitiz 2GO/JRS Express/DHL Express/Air 21.



Failure to do so will result in your original documents and passport not being returned.



NOTE: We can only accept passports that have been forwarded through a courier.





Yours sincerely





Ms B Pastolero

Appeals and Correspondence Manager, Manila Visa Hub

NE Asia/Australasia

International Operations and Visas

UK Border Agency

and now after a week I received my passport with my spouse visa stamped.

Thanks to all the members that concerned and helped me.


as we said If you know that your right , then fight whats your

[melovesengland]

Congratulations to you!!

[rhaichard]

thanks ...

[DanandClavs]

Congratulation guys,

Your story just shows how great the help from this forum really is, i just wish i had found it sooner !

All the best to you, now you better go and buy some jumpers and a wooly hat

[softmallowgum]

Congratulations!! And yes, this forum is truly helpful

[rhaichard]

Congratulation guys,

Your story just shows how great the help from this forum really is, i just wish i had found it sooner !

All the best to you, now you better go and buy some jumpers and a wooly hat

i already have ... this is my 2nd time in England ...

thanks and yeah this forum is really a big help for me ... without this forum and their advice .. until now i cant be with my husband

[rhaichard]

honestly say ...
i dont know if my appeal receive the tribunal yet .. because it take 2 weeks to receive the online appeal and payment for it ..

[rhaichard]

i hope ... we cancel it so we can get the 140pounds that we paid for the appeal

[Arthur Little]

i hope ... we cancel it so we can get the 140pounds that we paid for the appeal

... £140! Is that the fee for an appeal? It used to cost NOTHING! I hope the Embassy refunds the money!

[DanandClavs]

Yes Arthur,

It seems that you have to pay them even more money just to inform them of their cock ups

[rhaichard]

... £140! Is that the fee for an appeal? It used to cost NOTHING! I hope the Embassy refunds the money!

yeah 140 pounds for oral appeal and 80 for paper appeal