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Thread: Help !!

  1. #1
    Member Kristh1801's Avatar
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    Help !!

    Hello everyone !I need help and advice. The Entry Clearance Officer fused our MARRIAGE/SETTLEMENT application.

    facts of the case are as follows:

    May 14, 2014 - An Entry Clearance was submitted.

    July 10, 2014 - I was notified and required to submit further evidence stating that my application is fell to be refused reasoning that my sponsor does not meet the income threshold requirement to sponsor partner.

    July 18, 2014- We have complied with the request and furnish the British Embassy of Manila of his first payslip which represents salary for the month of July,2014.

    July 28, 2014- Entry Clearance was rejected. Receipt of which was received on the 30th of July, 2014.

    Entry clearance officer stated on the first paragraph of refusal letter that "YOUR APPLICATION FOR ENTRY CLEARANCE AS PARTNER IS REFUSED BECAUSE YOU DO NOT MEET THE INCOME THRESHOLD REQUIREMENT UNDER APPENDIX FM-SE. APPENDIX FM STATES THAT ONLY EVIDENCE RELATING TO THE APPLICANT'S AND SPONSORS CIRCUMSTANCES AT THE DATE OF THE APPLICATION AND THE SPECIFIED PERIOD IMMEDIATELY PRIOR TO IT CAN BE CONSIDERED."

    On the second paragraph of his decision, he knows that my sponsor would recommence employment. What is worthy to note on this second paragraph is when he again recited statements on the first paragraph where says "they would only consider evidence which relates prior to the date of submission of the application."

    The cruxes of the issues to be resolved here are : whether my sponsor failed to meet the income threshold requirement;and whether evidences which relates during or prior to the date of submission of application." exclusive for consideration."

    When I was notified and required to submit additional evidence in order to met the income threshold requirement, the entry clearance officer gives us the opportunity to correct mistakes indicated on our application. However despite the submission of payslip which would show evidence of post-employment income for the next 3 months,I was still denied of an entry clearance to remain in the UK.

    They are mistaken that my sponsor was not able to meet the income to join him in the UK. When I was required to submit additional evidence, I submitted my sponsor's payslip for the month of July,2014. This shows that he already resumes work in the UK. Moreover upon the submission of the application, we indicated and includes the CERTIFICATE OF EMPLOYMENT AND LETTER which states that he is just on a career break and a confirmed employment or recommencement of previous employment would soon take place.The entry Clearance officer concluded that we solely rely on cash deposit. I am opt that the entry clearance officer goes beyond his discretionary authority to decide entry clearance application.

    My sponsor is maintaining a permanent and lucrative job that earns of as much of GBP 32,259.00 annually. He was just on a career break and it is very clear that should he wish to to resume employment, he could have done that by notifying employer.As of this writing ,he is already engaged and resumed employment as Music Instructor. With his income, it is unquestionable that he could support my stay in the UK without recourse to the public funds.Although we have not indicated on my appendix 2 the reliance on my partner's employment for the next 3 months implicitly, we have established and utilized the rule since we submitted certificate of employment and eventually informed the entry clearance officer on his decision date July 28,2014.

    Sad fact, the entry clearance officer concluded that we are relying on cash savings instead of utilizing the above rule. Had he chosen to rely on the purpose and spirit by which income threshold requirement was created.
    His bank account balance amount s GBP 29,566.00 when we applied my visa application.His monthly income that he is currently enjoying is 2,471.00. He has his own accommodation exclusively for us. There is still a continuity of employment but temporarily suspended due to career break. For what I know and I believe is a common knowledge , career break is intention to be out of workforce in pursuit of personal development such as given time for our relationship to flourish. The entry clearance should consider that he was working since 1990, devoting his life and energy to music academe of UK. It is but right and just for him to have a career break.with erroneous appreciation of evidence ,application was refused stating that I not able to meet all the requirements.
    We are not solely relying on cash savings, we are both relying on both employment and cash savings . The combination is over and above the requirement to sponsor settlement in the UK.

    PLEASE HELP US.. WE SUBMITTED OUR APPEAL LAST MONTH 22 AUGUST 2014, AND YET WE DON'T RECEIVE ANY CONFIRMATION..


  2. #2
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    Appeals take significant time.
    You'll likely be looking at around 6 months from start to finish.

    I believe your best option is to make a new application when your sponsor is able to provide the 6 months payslips, bank statements and other associated mandatory documents.


  3. #3
    Member Kristh1801's Avatar
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    Thank you Sir Terpe. We pray that they would reverse the decision. 6 months is too long


  4. #4
    Member Kristh1801's Avatar
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    Is there any other way to expedite an appeal?


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