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View Full Version : finally my passport is in my hand with my REFUSAL PAPER ..



rhaichard
30th August 2012, 06:47
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 :bigcry:

jehzroblenida
30th August 2012, 07:08
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.

rhaichard
30th August 2012, 07:15
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

jehzroblenida
30th August 2012, 07:24
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..

quickwillow
30th August 2012, 07:24
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 :yikes:

Eyes O'Donnell
30th August 2012, 07:32
Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
God bless.

rhaichard
30th August 2012, 07:34
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 :bigcry:

travina
30th August 2012, 07:34
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

rhaichard
30th August 2012, 07:35
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 :yikes:

very awful ... i cant believe ... in his p60 he earned 11,743.93gbp for 7months

rhaichard
30th August 2012, 07:37
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 ..

rhaichard
30th August 2012, 07:40
this is ridiculous as they easily refuse the applicant for such a stupid reason ... :cwm23:

rhaichard
30th August 2012, 07:41
Sorry to hear the bad news rhaichard. Stay strong. Good luck to you and your husband.
God bless.

thanks ..

jehzroblenida
30th August 2012, 07:44
this is ridiculuos a they easily refuse the applicant for such a stupid reason ... :cwm23:

Rhaichard try to email Ambassador Lillie he might help.

rhaichard
30th August 2012, 07:48
Rhaichard try to email Ambassador Lillie he might help.

dont know how to contact her jehzro ... :bigcry:

travina
30th August 2012, 07:50
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.

rhaichard
30th August 2012, 07:50
i mean him sorry :laugher:

lastlid
30th August 2012, 07:52
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.

rhaichard
30th August 2012, 07:53
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 ..

rhaichard
30th August 2012, 07:54
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
:Erm:

quickwillow
30th August 2012, 07:55
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 :doh:censored::Brick:

travina
30th August 2012, 07:59
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.

jehzroblenida
30th August 2012, 08:00
It is just their delaying tactics to control the immigration in the UK.

rhaichard
30th August 2012, 08:00
it he earns this about in 7 months thats £1677 per month over 12 months it would be over £20,000 annually :doh:censored::Brick:

yeah , he worked 6 days a week so how can he have a second job ... :bigcry:

joebloggs
30th August 2012, 08:07
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, :NoNo:

quickwillow
30th August 2012, 08:09
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 :crazy:

quickwillow
30th August 2012, 08:12
:NEW3:
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, :NoNo:

I agree :NEW3:

rhaichard
30th August 2012, 08:12
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, :NoNo:

i dont know why they didnt count that ... such a silly and useless reason for my refusal application :bigcry:

rhaichard
30th August 2012, 08:14
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 ....

rhaichard
30th August 2012, 08:20
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 .

Terpe
30th August 2012, 08:34
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 :bigcry:

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

rhaichard
30th August 2012, 08:43
thanks terpe ,
i will let my husband know this
once he get home from work .:Wave:

jehzroblenida
30th August 2012, 09:08
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 .

Who's your ECO? is it PR*****? this words are familiar to me!! They are insane :laugher:

rhaichard
30th August 2012, 09:13
Mr.P Rh****

why same like yours ?:icon_lol:

Leen
30th August 2012, 09:20
sorry to hear about your refusal rhaichard and hope the ECO will overturn the decision,still waiting for mine and i wonder why you got your decision ahead of me when in fact i submit my docs 1 week ahead of you?:NoNo::rolleyes:....now im worried what happened to my docs....

jehzroblenida
30th August 2012, 09:25
Mr.P Rh****

why same like yours ?:icon_lol:

YES! He's the one :icon_lol:

I already made a complaint to the Ambassador about those "arrogant" words and mentioned Mr. PR!!!

I think you should make a complaint against him too.... that particular ECO is taking the p*** :laugher:

rhaichard
30th August 2012, 09:54
YES! He's the one :icon_lol:

I already made a complaint to the Ambassador about those "arrogant" words and mentioned Mr. PR!!!

I think you should make a complaint against him too.... that particular ECO is taking the p*** :laugher:

how can i contact that ambassador ???

rhaichard
30th August 2012, 09:54
sorry to hear about your refusal rhaichard and hope the ECO will overturn the decision,still waiting for mine and i wonder why you got your decision ahead of me when in fact i submit my docs 1 week ahead of you?:NoNo::rolleyes:....now im worried what happened to my docs....

im also wondered ... i thought your first before mine ... just wait

jehzroblenida
30th August 2012, 10:01
Did you see my reply to your message??

jehzroblenida
30th August 2012, 10:13
how can i contact that ambassador ???

We just emailed at ukinthephilippines@fco.gov.uk and SUBJECT: To the Ambassador :icon_lol:

rhaichard
30th August 2012, 10:25
Did you see my reply to your message??

no :NoNo:

grahamw48
30th August 2012, 10:25
Sorry to hear of your refusal rhaichard.

The problem is, you're dealing with government officials who are working to strict rules, then just ticking boxes.

They are evidently looking for a 'guaranteed' minimum income level.

Your partner simply needs to be able to show...on paper, a minimum basic salary of £18,600 per year.

I think that would have been clear to most people.

Personally I would have contacted the UKBA for clarification before submitting papers, and I would urge anyone else to do that too, if in any doubt.

rhaichard
30th August 2012, 10:25
We just emailed at ukinthephilippines@fco.gov.uk and SUBJECT: To the Ambassador :icon_lol:

i will ask my hubby to do that for me hahaha

joebloggs
30th August 2012, 10:53
Who's your ECO? is it PR*****? this words are familiar to me!! They are insane :laugher:

that will be standard on all refusals, pitty we dont have the same rights as Europeans in our own country where they have a virtual legal right to bring their partner here.

the more people who complain the more chance of change, you really need to contact your MP they can make things happen as well as complaining to the embassy.

rhaichard
30th August 2012, 10:59
terpe ,

may i know what is the website tells about the overtime ??

thnx ...

joebloggs
30th August 2012, 11:04
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

lastlid
30th August 2012, 11:13
It reminds me of the time when I applied for a mortgage, years back. As half my salary was in bonuses I had to get a letter from my employer to state that my gross income was a combination of basic salary and bonus payments. Most of the offshore oil industry works on a system of base pay and bonuses. Different situation, I know, but there are similarities. Needless to say I and many others did get the mortgage based on the gross figure and not just on basic pay.

rhaichard
30th August 2012, 11:14
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

thnx

imagine
30th August 2012, 12:07
sorry to hear your disapointing news, its cruel and heartless:NoNo:

jehzroblenida
30th August 2012, 13:11
that will be standard on all refusals, pitty we dont have the same rights as Europeans in our own country where they have a virtual legal right to bring their partner here.

the more people who complain the more chance of change, you really need to contact your MP they can make things happen as well as complaining to the embassy.

I agree with you! In my case, we did contact the Ambassador too to let him know what is happening here in Manila. Like my fiancee said, we need to make noise for them to notice our concerns.

joebloggs
30th August 2012, 13:19
this is who the gov ministers fear as well as everyone else..

http://www.ombudsman.org.uk/

BRIAN WEBSTER
30th August 2012, 13:43
:yikes: what ? me and my wife are in tears for you both :NoNo: so so sorry to hear such sad news on such a poor excuse ?

rhaichard
30th August 2012, 14:02
sorry to hear your disapointing news, its cruel and heartless:NoNo:

very ...

rhaichard
30th August 2012, 14:03
:yikes: what ? me and my wife are in tears for you both :NoNo: so so sorry to hear such sad news on such a poor excuse ?

we want a review for our application ... i cant accept the ECO decision . i read about the new rules and our financial requirement is should be qualify
:bigcry:

chieldave
30th August 2012, 14:27
it says here in the e.mail i got from the embassy in section 5.4.1 that overtime,commission-based pay and bonuses will be counted as earnings from salaried employment

rhaichard
30th August 2012, 14:40
it says here in the e.mail i got from the embassy in section 5.4.1 that overtime,commission-based pay and bonuses will be counted as earnings from salaried employment

thats what we thought also thats why their decision is not acceptable
:bigcry:

grahamw48
30th August 2012, 15:21
it says here in the e.mail i got from the embassy in section 5.4.1 that overtime,commission-based pay and bonuses will be counted as earnings from salaried employment

Hmm, that's interesting. :Erm:

So, is that under the new rules ?

chieldave
30th August 2012, 17:16
yes its true....by the way this is dave my wifes husband basically i was so angry with the embassy changing the goalposts all the time after i tried to get things sorted for the required 3 months or more that i emailed them an angry letter of my concerns and they sent me back a pdf format consisting of 23 pages of new requirements.....i know my wife was not happy with me sending e.mail but thats how some of us english are

bigmarco
30th August 2012, 17:16
Very Very sorry to hear your bad news especially as it appears to be a wrong interpretation of the rules by the ECO.
I agree with Terpe that you should send a letter to the ECM requesting reconsideration but at the same time prepare your appeal as you have limited time.
Above all stay strong as you will get there in the end.

jehzroblenida
30th August 2012, 17:56
yes its true....by the way this is dave my wifes husband basically i was so angry with the embassy changing the goalposts all the time after i tried to get things sorted for the required 3 months or more that i emailed them an angry letter of my concerns and they sent me back a pdf format consisting of 23 pages of new requirements.....i know my wife was not happy with me sending e.mail but thats how some of us english are

I agree with you! :icon_lol:

Mr Rhaichard
30th August 2012, 18:33
thanks for all the guidance, i'll get onto my boss asap for an updated letter, maybe he'll give me a pay rise to cover it :icon_lol:

lastlid
30th August 2012, 19:05
thanks for all the guidance, i'll get onto my boss asap for an updated letter, maybe he'll give me a pay rise to cover it :icon_lol:

:icon_lol: :xxgrinning--00xx3:

andy222
30th August 2012, 20:39
I feel devastated for you both. I think I know how you feel. I havent got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

lastlid
30th August 2012, 21:14
I feel devastated for you both. I think I know how you feel. I havnt got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

Hopefully it will all be ironed out by the time you apply.

andy222
30th August 2012, 21:26
I doubt it Lastlid if anything it will get worse. Just my opinion. But if I had the name of this ECO geezer my MP could investigate him. Confidentiality respected of coarse.

lastlid
30th August 2012, 21:31
I doubt it Lastlid if anything it will get worse. Just my opinion. But if I had the name of this ECO geezer my MP could investigate him. Confidentiality respected of coarse.

Would be nice if Rhaichard could PM you.

andy222
30th August 2012, 21:35
Too true mate.:xxgrinning--00xx3:

bigmarco
31st August 2012, 00:07
Too true mate.:xxgrinning--00xx3:

Yep I have asked for the name of the ECO in another thread on this matter to check if its the same one who refused us.

rhaichard
31st August 2012, 02:39
I feel devastated for you both. I think I know how you feel. I havnt got to that stage yet but I guess the outcome will be the same. I would love to know who the ECO is though.

i sent the name of ECO :)

andy222
31st August 2012, 06:16
Ok thanks I will pass the name onto my mp. Like I said confidentiality will be upheld. I will let you know as soon as I hear anything.:xxgrinning--00xx3:

Iani
31st August 2012, 06:47
I'm really sorry to hear about this, this government are vile.

I've been thinking though, where it could have gone wrong according to these rules (Which do as already said clearly state bonus and overtime can be included). I think perhaps here's the problem......

Total salary, including bonus, overtime can be included if the sponsor has been working for that employer for a year. He would have earned that in a year, and this would be his income.
He submitted for 7 months, not 12.

MAYBE if he's worked for that employer over a year, if he dug out his earlier 5 wageslips, then this would have been ok. Unfortunately, they are now also saying I think that appeal can't be made with extra information which should have been submitted at the initial time of application.

Alternatively he could have submitted just 7 months, if he had a number of jobs, and those employers would have written in letters stating that his eventual combined income would be over £18,600 - the base income. Similarly, he would only have needed to submit 6 months wageslips, if his current employer could have written the letter saying his base is £18,600 or over.

I guess their reasoning is that overtime can't be guaranteed for future and they won't count it, but they will count if it was past paid with proof and this took the income over.

Again, really sorry to hear this.

Mr Pickwick
31st August 2012, 07:03
Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris



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 :bigcry:

travina
31st August 2012, 07:17
Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris

if im not mistaken the 16,000 is what your partner needs to have if hes not earning 18,600 annually. and should stay continuously in his account for 6 months I guess.

Terpe
31st August 2012, 07:23
Does anyone understand how the saving are calculated?
with regard to the below where does the + 16.000 come from?

( 600 x 2.5 + 16,000 ) in savings in order to meet the financial requirements .

Thanks in Anticipation.

Chris

Savings can be used in a number of ways, including being used to bring any shortfall in income up to the required level for visa.

However, ONLY those savings over £16000 can be counted. Savings up to £16000 are not counted at all.
Additionally, since the visa is issued for 30 months (2.5 years) those savings above the £16000 need to be 'factored' for that by using a 2.5 multiplier.

So, as per the example given if the annual income falls short by £600 then savings can be used to make up that shortfall
£600 x 2.5 = £1500
Means that savings of £17500 (£16000+£1500) would be needed to satisfy requirements.

Hope that makes sense.

lastlid
31st August 2012, 07:31
I'm really sorry to hear about this, this government are vile.

I've been thinking though, where it could have gone wrong according to these rules (Which do as already said clearly state bonus and overtime can be included). I think perhaps here's the problem......

Total salary, including bonus, overtime can be included if the sponsor has been working for that employer for a year. He would have earned that in a year, and this would be his income.
He submitted for 7 months, not 12.

MAYBE if he's worked for that employer over a year, if he dug out his earlier 5 wageslips, then this would have been ok. Unfortunately, they are now also saying I think that appeal can't be made with extra information which should have been submitted at the initial time of application.

Alternatively he could have submitted just 7 months, if he had a number of jobs, and those employers would have written in letters stating that his eventual combined income would be over £18,600 - the base income. Similarly, he would only have needed to submit 6 months wageslips, if his current employer could have written the letter saying his base is £18,600 or over.

I guess their reasoning is that overtime can't be guaranteed for future and they won't count it, but they will count if it was past paid with proof and this took the income over.

Again, really sorry to hear this.

I still go back to my real illustration of an offshore oil worker who earns £600 per day when he works. On that rate he is gauranteed nothing. In practice he may well work 150 to 250 days a year. This is an extreme but real illustration and wonder how the ECO would deal with such a case.

The guy would be on 100% bonuses! And bringing home a lot of money. He could show his payslips and P60s. But would he get turned down as he has no fixed income as such....his work cant be guaranteed.

joebloggs
31st August 2012, 07:53
I wonder if he would be classed as self employed thou lastlid :Erm:

lastlid
31st August 2012, 09:12
I wonder if he would be classed as self employed thou lastlid :Erm:
Possibly. And if so he would be hiring an accountant too. But he would surely face the same obstacle of thinking in terms of irregular income?

However, many dayraters pay PAYE and classed as employed.

In my case I was both a dayrater and a basic income earner. As I said, approximately 50% of my salary was in bonuses. My income was not fixed. It all depended on the number of days I worked offshore in a year and the only time I knew that was at the end of the year.

I always faced this problem when going for a mortgage. Often, the representative of the building society had no familiarity with my kind of earnings structure and how it worked and they would immediately give me an adverse reaction to the said bonuses. I had to convince them otherwise as they wouldn't have given me the amount of mortgage I was after otherwise. Eventually they would see sense.

I always paid PAYE and was classed as employed.

I know many people that earn £200 a day and more in bonuses and pay PAYE. If they work 180 days of the year then that is £36000 per annum. What if their basic salary is £18000 per year and wanted to bring a spouse into the UK from the Philippines? They would be reliant on the bonuses clause in the regulations.

rhaichard
31st August 2012, 10:27
my husband worked in his employer 11 months this august at the moment ... he had his p60 for only 7months he start working in his employer 17 september and his employer pay my husband every end of the month ... as i remember i passed 7 original with 2 scan copies of my husband payslip its from October to June payslip because i applied last 26 of july

rhaichard
31st August 2012, 10:33
my husband regular wage is 1,500 pounds monthly
with his 50 pounds bonuses monthly and
300 pounds every month ..


we only short 600 pounds for total annum .. and that will be 50 pounds a month , but he have his regular bonuses and that is 50 pounds ... we still qualify for financial requirement if the ECO counted the bonuses and overtime ... all his payslip have that .. and the ECO note in the end that " overtime and bonuses is not counted as income threshold " :bigcry:

grahamw48
31st August 2012, 11:37
I bet the tax man doesn't disregard the overtime and bonuses. :rolleyes:

Terpe
31st August 2012, 11:46
my husband regular wage is 1,500 pounds monthly
with his 50 pounds bonuses monthly and
300 pounds every month ..


we only short 600 pounds for total annum .. and that will be 50 pounds a month , but he have his regular bonuses and that is 50 pounds ... we still qualify for financial requirement if the ECO counted the bonuses and overtime ... all his payslip have that .. and the ECO note in the end that " overtime and bonuses is not counted as income threshold " :bigcry:

You really need to get messages to the Embassy Visa section asap outling your case and the clear mistake of the ECO Mr.xxxxxxxx
Better asap in order to minimise risks of further delays

lastlid
31st August 2012, 11:57
I bet the tax man doesn't disregard the overtime and bonuses. :rolleyes:

Exactly.

rhaichard
31st August 2012, 12:37
You really need to get messages to the Embassy Visa section asap outling your case and the clear mistake of the ECO Mr.xxxxxxxx
Better asap in order to minimise risks of further delays

we will terpe .. we are now getting letter from his employer about his salary with regular overtime especially his bonuses every month .. i hope this appeal wont take so long .. my in laws now is mad about the decision from ECO

Arthur Little
31st August 2012, 16:08
this is ridiculous as they easily refuse the applicant for such a stupid reason ... :cwm23:

... hello, Rhaichard. Apologies for my somewhat belated :welcomex: ... which, :sorry-2:, happens to coincide with your Spousal Visa being refused.

:iagree: wholeheartedly with your sentiments, and (as you've seen from the many supportive messages you have already received on this and OTHER threads arising from it) so, too, do your fellow members ... who, in the circumstances, also feel most strongly that, the ECO dealing with your case does seem to have been what we British would call "splitting hairs" in this instance. Hopefully, justice will be done - and his/her :crazy: decision soon overturned by a more senior officer. :xxgrinning--00xx3:

Mr Pickwick
31st August 2012, 23:25
Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..


Savings can be used in a number of ways, including being used to bring any shortfall in income up to the required level for visa.

However, ONLY those savings over £16000 can be counted. Savings up to £16000 are not counted at all.
Additionally, since the visa is issued for 30 months (2.5 years) those savings above the £16000 need to be 'factored' for that by using a 2.5 multiplier.

So, as per the example given if the annual income falls short by £600 then savings can be used to make up that shortfall
£600 x 2.5 = £1500
Means that savings of £17500 (£16000+£1500) would be needed to satisfy requirements.

Hope that makes sense.

rhaichard
31st August 2012, 23:58
..http://filipinaroses.com/images/smilies/crazy.gif. hello, Rhaichard. Apologies for my somewhat belated :welcomex: ... which, :sorry-2:, happens to coincide with your Spousal Visa being refused.

:iagree: wholeheartedly with your sentiments, and (as you've seen from the many supportive messages you have already received on this and OTHER threads arising from it) so, too, do your fellow members ... who, in the circumstances, also feel most strongly that, the ECO dealing with your case does seem to have been what we British would call "splitting hairs" in this instance. Hopefully, justice will be done - and his/her :crazy: decision soon overturned by a more senior officer. :xxgrinning--00xx3:

thanks ... :)

jehzroblenida
1st September 2012, 04:28
Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..

Hi Mr. Pickwick,

Just a suggestion, ask your accountant to read the UKBA site regarding the accounts. They can give you a big file of documents as evidence. That's what we did coz my fiancee and I had troubles understanding all the things that the UKBA requires as self-employed. Goodluck to your application :)

Terpe
1st September 2012, 08:00
Thanks for the reply terpe,

I will be making a Visa application in September, as a self-employed tradesman, I have accounts, 3 years, and I have last 6 months gross profit on bank statments etc, but my saving may have to be used, some months I can make the required target some months not, very erratic earnings in the Uk at the moment..

Just a heads-up that any savings you intend to use must also have been in your account for 6 months

andy222
2nd September 2012, 12:01
we will terpe .. we are now getting letter from his employer about his salary with regular overtime especially his bonuses every month .. i hope this appeal wont take so long .. my in laws now is mad about the decision from ECO

Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

rhaichard
2nd September 2012, 12:13
Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

i dont know :Erm: , but jehzroblenida also got the refused application to the same ECO

lastlid
2nd September 2012, 15:04
Maybe it would be a good thing if we who know the name of this ECO put a complaint in to the ukba. Obviously he does not know the rules and can not do his job right. It might save a few of us having to go through the appeals procedure. A quick question is this ECO based in the philippines?

With a name like Rhodes, sounds like he / she isnt Filipino but presumably would be based in Manila? Unless it is a Filipina married to a foreigner?

andy222
2nd September 2012, 15:11
He deffinatley cant read thats for sure.

lastlid
2nd September 2012, 15:13
He deffinatley cant read thats for sure.

I agree. So hence the need to spell it out to them. :icon_lol:

andy222
2nd September 2012, 15:26
Yes in 6" high letters :hubbahubba:

Terpe
2nd September 2012, 15:30
With a name like Rhodes, sounds like he / she isnt Filipino but presumably would be based in Manila? Unless it is a Filipina married to a foreigner?

Could be Hong Kong.

grahamw48
2nd September 2012, 15:30
What a ridiculous situation that is anyway...a local deciding who is given a visa to the UK. :NoNo:

They had problems with that Pakistani bloke, I think it was...SELLING them. :angry:

jehzroblenida
2nd September 2012, 15:31
With a name like Rhodes, sounds like he / she isnt Filipino but presumably would be based in Manila? Unless it is a Filipina married to a foreigner?

Laslid, I think he's a foreigner based here in Manila. Anyway, my fiancee and I made a complaint against this person to British Ambassador Lillie. And we are encouraging people who's been a victim of this guy to come out of their shells and complain. :D
People like him need to learn how to read first :laugher:

andy222
2nd September 2012, 15:55
Ok email sent.
Dear Mr Lillie,

Could you please investigate Mr P Rhodes (ECO) of the visa section as to why he can not read?. Example bonuses and overtime payment can be counted towards salaries. Why is he refusing visas on the basis of this? He his causing misery to genuine couples who want to live in the UK. This is insane.

grahamw48
2nd September 2012, 16:02
I might add to that...'soon the court case queue will be longer than the visa one ...on your watch'. :rolleyes:

Rory
2nd September 2012, 16:02
THis is scary reading as my basic pay is £18,500 but with bonus and a little overtime i have been earning over £30,000 for the last few years and to think i might get refused because i do not earn enough!!!

jehzroblenida
2nd September 2012, 16:06
Ok email sent.
Dear Mr Lillie,

Could you please investigate Mr P Rhodes (ECO) of the visa section as to why he can not read?. Example bonuses and overtime payment can be counted towards salaries. Why is he refusing visas on the basis of this? He his causing misery to genuine couples who want to live in the UK. This is insane.

Well done Andy :xxgrinning--00xx3::xxgrinning--00xx3:

andy222
2nd September 2012, 16:11
Join the club mate.

andy222
2nd September 2012, 16:12
Well done Andy :xxgrinning--00xx3::xxgrinning--00xx3:

Well it does not concern me yet but I think this need to be pointed out.

jehzroblenida
2nd September 2012, 16:23
Well it does not concern me yet but I think this need to be pointed out.

Indeed :xxgrinning--00xx3:

We are paying them great money as well so we want someone who can read and follow the UKBA Rules :D

lastlid
2nd September 2012, 16:46
Ok email sent.
Dear Mr Lillie,

Could you please investigate Mr P Rhodes (ECO) of the visa section as to why he can not read?. Example bonuses and overtime payment can be counted towards salaries. Why is he refusing visas on the basis of this? He his causing misery to genuine couples who want to live in the UK. This is insane.

Nice one. :xxgrinning--00xx3:

lastlid
2nd September 2012, 16:47
Indeed :xxgrinning--00xx3:

We are paying them great money as well so we want someone who can read and follow the UKBA Rules :D

Yes. We / you are paying them double what it costs them to process a spouse / fiancee visa. Double.

andy222
2nd September 2012, 16:55
Yes. We / you are paying them double what it costs them to process a spouse / fiancee visa. Double.

And then there is the cost of a appeal let alone the stress and anguish it causes. These people need to be taught a lesson and not to mess with genuine peoples lives. I think all of us should flood Lilley with emails.
Power to the people. :laugher:

lastlid
2nd September 2012, 16:56
And then there is the cost of a appeal let alone the stress and anguish it causes. These people need to be taught a lesson and not to mess with genuine peoples lives. I think all of us should flood Lilley with emails.

Yes. Better to get it ironed out now than go through the pain of an appeal process.

andy222
2nd September 2012, 16:58
Ironed out???? I would love to meet these people in person. I would definatley be a immigrant in the phils. (In the jail).:laugher: At least I would be able to see the Mrs a bit more frequently.:laugher:

rhaichard
3rd September 2012, 03:41
guys , im very thankful for being here .. and thanks for all the help and advice that you gave to me ... you make me cheer up myself and inspired me to fight this ... instead thinking and be lonely about for my refused paper and not being with my husband ...:)

rhaichard
3rd September 2012, 03:44
can we send compaint email to ambassador even we didnt finish the appeal for my refused visa ? i hope that ECO will be kick out in his position right now so no more cases like this ... he didnt do his job properly and yet he earned a lot of money ..:cwm23::xxaction-smiley-047

McGregor03
3rd September 2012, 04:18
Been a member of this site for a year now, but never been active...Reading the posts here would really help me, for I will apply a fiancee visa...I know mine is a different case from yours but it's one thing that scares me, what if I'll be denied...And I think it's better to use an agency for someone will guide u to what are the proper things to do...

But I hope u will be with ur husband soon ... Everyone deserves to be happy x

lastlid
3rd September 2012, 06:16
Ironed out???? I would love to meet these people in person. I would definatley be a immigrant in the phils. (In the jail).:laugher: At least I would be able to see the Mrs a bit more frequently.:laugher:

Once a week. :laugher:

andy222
3rd September 2012, 06:38
can we send compaint email to ambassador even we didnt finish the appeal for my refused visa ? i hope that ECO will be kick out in his position right now so no more cases like this ... he didnt do his job properly and yet he earned a lot of money ..:cwm23::xxaction-smiley-047

Hopefully it will be overturned sooner rather than later and the guy Mr p RH..... will be fired.

lastlid
3rd September 2012, 06:47
Hopefully it will be overturned sooner rather than later and the guy Mr p RH..... will be fired.

Mr P. Nuss.

andy222
3rd September 2012, 06:54
Mr P. Nuss.

:icon_lol::icon_lol::laugher:

rhaichard
3rd September 2012, 08:20
Hopefully it will be overturned sooner rather than later and the guy Mr p RH..... will be fired.

me too .. i cant wait 3-6months more , before we can be together :bigcry::bigcry:

rhaichard
3rd September 2012, 08:23
we send email to the ambassador today ... regarding from our refused visa .. we tell to him about the decision of that ECO and we send the link to him about the rules ... we cant appeal yet , my husband waiting a letter from the owner of his company .. if he will get that today we will pass the appeal form and documents for financial supporting our appeal

andy222
4th September 2012, 06:49
Ok email sent.
Dear Mr Lillie,

Could you please investigate Mr P Rhodes (ECO) of the visa section as to why he can not read?. Example bonuses and overtime payment can be counted towards salaries. Why is he refusing visas on the basis of this? He his causing misery to genuine couples who want to live in the UK. This is insane.

Well I got a response.:xxgrinning--00xx3:

Dear Mr ??????,
Thank you for your email.
We have referred your email to the British Embassy Manila for their management

lastlid
4th September 2012, 06:52
Well I got a response.:xxgrinning--00xx3:

Dear Mr ??????,
Thank you for your email.
We have referred your email to the British Embassy Manila for their management

:xxgrinning--00xx3: