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cocorice
20th August 2013, 15:05
My husband received this email last August 6, 2013.
UKBA Manila said that my spouse visa decision was put on hold due to these reasons:


Dear Ms XXXXX,


Your application for entry clearance under Appendix FM to the Immigration Rules has been considered.. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.

Lacking in sufficient specified evidence:

1.Salaried employment : No letter from employer confirming permanent job and current salary. Bank statements and payslips cover the period 14/12/12/ - 14/5/13 but submitted app online on 29/6 so more than month old.

√ Check. He sent all the documents already.


2. Other income: Bank statements show a regular payment into sponsor's account but there is no supporting documentation. Tenancy agreement and tax return on this income required.

√ We were renting out one of our spare room to one of our good friend. Tenancy agreement sent. No tax return as it not necessary according to UK law..


3.Savings: Bank statements do not cover a 6 month period. The balance in the period covered falls to 207.42 (21/12/12). To meet shortfall in income, sponsor would need to show shortfall in income multiplied by 2.5 plus £16,000. Even the highest point balance of account does not meet this figure

- Why do we need to meet this?
My husband is earning 1750 to 1900 per month after tax.
Is that not sufficient enough to meet the financial requirement of £18,600?
I dont get it.. :(

Terpe
20th August 2013, 16:12
If you have complied with all the refusal points indicated
and
you completed the application form correctly

then clearly UKBA Manila Hub have made a mistake.

You should have received a refusal notice that gives details of how to lodge an appeal.
You MUST follow the process and complete all papers in line with instructions to make the formal appeal.

I then suggest you write a letter/e-mail to the ECM (Entry Clearance Manager) clearly staing that the refusal is in error as ALL the claimed missing documents were included with the application.
You should request the ECM for reconsideration and to overturn the ECO's incorrect decision.

From the information you've divulged it's clearly an error.

Sorry to hear this.
Be sure to follow up as I've suggested.

Which Category did you apply under for the Financial Requirement ?

There are a number of issues at play here and the whole process is further complicated by The Home Office putting 'on hold' all applications that do not meet the current annual income thresholds.
This could be sitting on-hold for weeks or months until the UK government has completed a still oustanding review of the income levels.
That's why I very strongly suggest to make as much contact requesting reconsideration as you can. Send an e-mail every day clearly stating that an error has been made as full supporting documentations in accordance with immigration rules were submitted.
Good luck and please keep us informed

cocorice
21st August 2013, 03:58
Hi Terpe,

I applied for spouse visa July 3 2013. My husband scanned and email his current payslip, bank statement, job contract, tenancy agreement to the email provided by the UKBA Manila deferred team August 18 2013. We did not include these documents when I applied last July 3. Here is the rest of the email from UKBA Manila:

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal in a legal challenge to the income threshold requirement.. More information about this hold on decisions is set out on the Home Office website - www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold

.

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.

.

In the meantime, if you submit any further information or document/s relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period/s prior to that date, this will be considered.. If, on the basis of this further information or document/s, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.. You may send the information/ documents through.any of the following methods:

.

(a). EMAIL - scanned original documents to Manila.Deferrals@fco.gov.uk. Please quote the subject heading of your email - DEFERRED APPLICATION: MNL 911754.. Documents exceeding 10 pages must be sent either in person or post/ courier ONLY.


--Do I need to expect a refusal letter from them now? By the way I completed part 3A(income salaried from employment in UK), 3D(income from non-employment sources)and 3F(cash savings).

elve_page
21st August 2013, 05:11
We have same situation right now cocorice.

cocorice
21st August 2013, 05:51
Hi elve_page. Are you just waiting for their final decision now? I wonder how long will that take.. :bigcry:

elve_page
21st August 2013, 06:10
Yes im still waiting after we submit the further documents via email. I applied spouse visa last July 2 using the category D Savings alone.

Received this email August 7, 2013:

Your application for entry clearance under Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.

Your application fails to meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. You are relying on cash savings to meet the income threshold and therefore needs to have held cash funds of £62,500 for a period of at least 6 months. You have provided a letter from Devonshire Asset Management Ltd which states a Portfolio in excess of £250,000. However, whilst it is stated £20,000 have been held for 6 months in a cash deposit, the remaining funds are not cash, nor have they been transferred to cash funds as per Section 11A of the following link: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/ .

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website - www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/87-min-income-threshold

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.

In the meantime, if you submit any further information or document/s relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period/s prior to that date, this will be considered. If, on the basis of this further information or document/s, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted. You may send the information/ documents through any of the following methods:

(a) EMAIL - scanned original documents to Manila.Deferrals@fco.gov.uk Please quote the subject heading of your email - DEFERRED APPLICATION: MNL 915505. Documents exceeding 10 pages must be sent either in person or post/ courier ONLY.

(b) IN PERSON - at the Visa Application Centre (VAC)

(c) FAX - to 00632 858 2305. Please ensure that you quote your online application number on the top left hand corner of the documents. Documents exceeding 10 pages must be sent either in person or post/ courier ONLY.

(d) POST / COURIER - addressed to UK Visas and Immigration: MNL 915505, British Embassy Manila, 120 Upper McKinley Road, McKinley Hill, Taguig City, Philippines 1634

And the financial adviser sent a letter that they misinterpret the letter and explaining about the cash we have, that we meet the financial requirements. Including the portfolio for 9 months period.

Sad to say until now no progress from them. Maybe we have same Entry Clearance Assistant, Deferrals Team who hold our application.

cocorice
21st August 2013, 08:29
Omg.. That is so ridiculous..
Did you send an email to them?
I have not receive any response from them yet,
I guess because of the bad weather since monday..:Erm:

andy222
21st August 2013, 09:06
Hi Terpe,

I applied for spouse visa July 3 2013. My husband scanned and email his current payslip, bank statement, job contract, tenancy agreement to the email provided by the UKBA Manila deferred team August 18 2013. We did not include these documents when I applied last July 3. Here is the rest of the email from UKBA Manila:.
Why didnt you include these documents? Payslips etc?. These are what they ask for in the original application.

cocorice
21st August 2013, 09:23
We did include the 6 months payslips, bank statements, apart from the job contract.. We couldnt find it so he needed to request from his work place. Though we submitted his p60. Were not aware about the tenancy agreement, we gave them land registry instead.. I overlooked some docs. My fault.

cocorice
21st August 2013, 09:30
We submitted his payslip from Dec 2012 to May 2013.
We made our payment online June 29. They said its more than a month old already. Same with the bank statement. Sorry about the confusion.

andy222
21st August 2013, 09:39
They are very strict and it is so stressful. I hope you get a good outcome from this. We will be submitting ours soon.:doh.

elve_page
21st August 2013, 11:48
Omg.. That is so ridiculous..
Did you send an email to them?
I have not receive any response from them yet,
I guess because of the bad weather since monday..:Erm:

We sent the further documents and some emails, got a response from Ms B Pastolero saying that there going to forward the further documents to the ECO for consideration. I am still hoping that soon i will receive any good news from them.

aprilovez
21st August 2013, 11:53
We sent the further documents and some emails, got a response from Ms B Pastolero saying that there going to forward the further documents to the ECO for consideration. I am still hoping that soon i will receive any good news from them.

good luck elve_page hope to hear good news from them soon ... :xxgrinning--00xx3:

grahamw48
21st August 2013, 19:11
The way I read it, they are being quite reasonable in stating that if you now send them EXACTLY what documents they've asked for, and those documents/proofs satisfy the ECO's requirements, then a visa will be issued.:anerikke:

robbie bobby
21st August 2013, 19:16
Unless the ECO was A COMPLETE MORON and lost/misplaced your documents I think you may have omitted them when sending everything in.

Hindsight is a wonderful thing of course and when I made the appointment for my wife I opted for paying the extra for the VFS to check everything was there beforehand.They signed off on the correct requirements so I had nothing to worry about really and if anyone did misplace my Docs I would have sent them to speak with the VFS

sars_notd_virus
22nd August 2013, 18:14
goodluck cocorice and hope u hear some good news soon:xxgrinning--00xx3:

cocorice
22nd August 2013, 23:29
goodluck cocorice and hope u hear some good news soon:xxgrinning--00xx3:

I hope so.. Thanks