Financial requirements, interesting query.

[joebloggs]

http://www.freemovement.org.uk/2012/...cue-yes-again/

fairness is what the judges and court like

when it comes to fee payments in both postal and in-person applications and notes the vast differences in approach between the two. Apparently, with postal applications, the applicant’s payment sheet is shredded (for security reasons) by the UKBA and if the fee cannot be collected, the rest of the application and supporting documents are returned to the applicant. Further, no record is kept of what went wrong with the payment.

From this, the UT concluded that the best evidence of whether an application was accompanied by the fee would clearly be the original information page supplied by the Appellant and that the best evidence of why an attempt to process a payment failed would be the record kept by whoever processed the payment, i.e. the UKBA. However, as is clear from the information set out above, both of these are items of evidence which cannot possibly be made available as they are either shredded at the time that the application is returned as invalid or not kept as a record!

Most importantly, the UT considered that the evidential burden as to whether an application was accompanied by the fee payment firmly rests with the UKBA

[raynaputi]

Rayna, your FLR(M) application will be assessed under 'old rules'
I have not encountered any refusal due solely to financials under this regime.

Please believe that I understand such situations and please be strong and expect the best outcome.

God Bless all there (meant in the best possible way)

Thanks for that Terpe. I'm not worried about my application (BUT FURIOUS OF THE VERY LONG WAIT..TURNING 9 MONTHS ON THE 27TH DEC ) as we can meet the requirements even under the new rules. I just wondered before as I have read from other forum that some have been requested of recent bank statements/payslips etc. after their applications have been in the pile for months.

[Paulypoos1973]

Still no response to my numeros enquiries rearding this to UKBA, Downing Street, my MP, etc etc.

Its an absolute disgrace that I cant even get ANYONE to answer a question regarding clarification of a rule.

[grahame 1]

Hi Paul,
I found the same with the border agency and i had a query over savings for a spouse visa. I got my answer and a good explanation from VSF GLOBAL in the Philippines . Thet work with the UKBorder Agency. E-mail info.ukph@vfshelpline.com They say they will reply in 5 days and actually replied to me in 3 days. They may be able to help as visa will be granted over there

[Paulypoos1973]

Thanks mate, will email them now. Just phoned UKBA and feel like banging my head on the wall. Asked them the question and clearly they didnt have a clue to the answer, they are a complete waste of space.

[Terpe]

Thanks mate, will email them now. Just phoned UKBA and feel like banging my head on the wall. Asked them the question and clearly they didnt have a clue to the answer, they are a complete waste of space.

Paul,
Don't get me wrong, Im certainly not defending UKBA.
IMO they really are 'unfit for purpose'.

But please don't expect too much from them.
In their own words :-

UK Border Agency staff are not able to give help or advice on how to complete your application, or what type of visa you should apply for.

If you need help with your application or advice about the UK's immigration law and requirements, you should seek advice from a qualified immigration adviser. This will ensure that your representative meets approved standards and is properly qualified to advise you.

Am I correct in recalling that your main issue is in connection with your variable pay?
(specifically 13 months per annum instead of 12 months per annum?

I believe that the recent changes will cover your situation if you make application under Category B of the financial requirement.

However, be informed I am not an immigration advisor and I would strongly suggest you have a very brief discussion with a qualified advisor about making application under the newly ammended Category B rather than a Category A applicant.

Hope that will help.

I honestly don't believe that UKBA will give a plain English definition of the weasel words they use in the immigration rules.

But please check yourself.

Currently under Category B it is stated:-

Less than 6 months with current employer or variable salary

Whereas previously is was stated:-

Salaried employment for less than the last 6 months

It's certainly a very major operational change.

Hope this will help you with your understanding.
I doubt UKBA will give you confidence.
But I do think a qualified and experienced Immigration Advisor will confirm my thinking.