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lastlid
31st August 2012, 07:53
For those that can only meet the £18600 requirement through additional bonuses.

I still go back to my real and not completely uncommon illustration of an offshore oil worker who earns £600 per day when he works. On that rate he is guaranteed nothing per year. 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.

What would this guy do? He would probably hire an Immigration Advisor or Lawyer as he could afford it. And that advisor / lawyer would then probaly quote the law in the application papers.

We know what the regulations are on bonuses as they have been quoted a few times on recent posts. Why not quote them within the application pacakge with proof of income attached? This would surely make it so much harder for the ECO to ignore.

Give them a taste of their own medicine guys and girls and quote the latest UK regs back at the ECO !

Accompanied by a table of contents.

It appears a bit daunting but the relevant sections are now plastered all through this forum. Just a case of identfying the relevant bits and then copy and paste them into the application presentation. After all some of you chaps are almost experts in your own right having read and re read the regs.

My wife's application was presented in this way. Using the old rules of course.

:xxgrinning--00xx3:

andy222
31st August 2012, 17:18
Very good Lastlid. Could you give us a example please? As in guidelines?

lastlid
31st August 2012, 17:53
Very good Lastlid. Could you give us a example please? As in guidllines?

I will try and pull something together by way of illustration, later. :xxgrinning--00xx3:

lastlid
31st August 2012, 19:22
This formed part of the advisers covering letter:

This is an application for my client, Mrs Lastlid, to be granted entry clearance as the spouse of a person currently present and settled in the Isle of Man. My client meets the relevant requirements as set out in Paragraph 281 of the Isle of Man Immigration Rules in that she is married to a British Citizen who is currently settled in the Isle of Man, the parties to the marriage have met and each of the parties intends to live permanently with the other bla bla bla......

The applicant has passed the English language test bla bla bla etc..... that is approved by the Lieutenant Governor and there is sufficient maintenance and accomadation available to the applicant.

In support of this application the following documents are enclosed:


Here she listed all of the documents submitted followed by the actual documents.

What she appeared to be saying was that we met the requirements and here is the evidence.



So what I am suggesting, Andy, is that in the specific case of the overtime as an example, you could follow a similar style.

As in:

I meet the minimum income requirements set out in section xxx of the bla bla bla regulations by virtue of earning a basic annual income of (for example) £18000 per annum. Current regulations state that 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 and here is my documentary evidence supporting this. and I therefore meet the requirements overall with overtime and unsocial hours bonuses.

Here you would attach all of your pay related evidence including overtime etc....

If necessary add a statement to draw their attention to the fact that historically you normally earn £xx worth of overtime a year with any proof that you might have.



It will take a little time, but you could build up the application in this way.

Basically this spells it out to the ECO in no uncertain terms and makes it a lot harder for them to make a hash of giving your wife the visa. Thus beating them at their own game by quoting the regs at them. It wouldn't be completely idiot proof but it would make it so much harder for them to push you to an appeal, particularly if your evidence is compliant.

If you were to carry this out with a couple of other forum members i.e. share the load, you could knock the arsenal out of it in no time, following that style for each element of your application.

grahamw48
31st August 2012, 23:33
Very good. :xxgrinning--00xx3:

Also clearly note that a copy of your application and all supporting documents submitted has been retained. :)

lastlid
1st September 2012, 07:28
Very good. :xxgrinning--00xx3:

Also clearly note that a copy of your application and all supporting documents submitted has been retained. :)

Yes, a final statement at the end in bold letters:


"Also clearly note that a copy of our application and all supporting documents submitted have been retained, should you elect to p!ss us around"

:icon_lol:

andy222
1st September 2012, 09:11
Great Lastlid. That gives me a idea what to do. Thanks.:xxgrinning--00xx3:

Terpe
1st September 2012, 10:04
It's a good suggestion lastlid :xxgrinning--00xx3:

That's the methodoly used by most Immigration Advisors :xxgrinning--00xx3:

It's a good process. Probably 'best practice'. But does take time and effort to get it right and to customise it for individual circumstances.

lastlid
1st September 2012, 10:11
It's a good process. Probably 'best practice'. But does take time and effort to get it right and to customise it for individual circumstances.

That was my way of thinking, but in for example, Andy's case, he (I think) has the time to do this, giving it the necessary thought along the way. Obviously with the support of the forum. And he probably has a pretty good grasp of it all by now, so just a bit of graft to get it done.