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Thread: finally my passport is in my hand with my REFUSAL PAPER ..

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  1. #1
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    Quote Originally Posted by rhaichard View Post
    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


  2. #2
    Moderator joebloggs's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    Who's your ECO? is it PR*****? this words are familiar to me!! They are insane
    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.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  3. #3
    Respected Member rhaichard's Avatar
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    terpe ,

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

    thnx ...


  4. #4
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    Quote Originally Posted by joebloggs View Post
    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.


  5. #5
    Respected Member quickwillow's Avatar
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    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


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    Quote Originally Posted by rhaichard View Post
    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
    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


  7. #7
    Respected Member rhaichard's Avatar
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    thanks terpe ,
    i will let my husband know this
    once he get home from work .


  8. #8
    Member chieldave's Avatar
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    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
    be positive,everything is gonna be ok


  9. #9
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by chieldave View Post
    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


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    Quote Originally Posted by chieldave View Post
    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.

    So, is that under the new rules ?


  11. #11
    Respected Member rhaichard's Avatar
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    Mr.P Rh****

    why same like yours ?


  12. #12
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    Quote Originally Posted by rhaichard View Post
    Mr.P Rh****

    why same like yours ?
    YES! He's the one

    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***


  13. #13
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    YES! He's the one

    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***
    how can i contact that ambassador ???


  14. #14
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    Quote Originally Posted by rhaichard View Post
    how can i contact that ambassador ???
    We just emailed at ukinthephilippines@fco.gov.uk and SUBJECT: To the Ambassador


  15. #15
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    We just emailed at ukinthephilippines@fco.gov.uk and SUBJECT: To the Ambassador
    i will ask my hubby to do that for me hahaha


  16. #16
    Respected Member Leen's Avatar
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    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?....now im worried what happened to my docs....
    The best and most beautiful things in the world cannot be seen or even touched. They must be felt with the heart


  17. #17
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by Leen View Post
    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?....now im worried what happened to my docs....
    im also wondered ... i thought your first before mine ... just wait


  18. #18
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    Did you see my reply to your message??


  19. #19
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by jehzroblenida View Post
    Did you see my reply to your message??
    no


  20. #20
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    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.


  21. #21
    Moderator joebloggs's Avatar
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    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  22. #22
    Respected Member rhaichard's Avatar
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    thnx


  23. #23
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    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.


  24. #24
    Respected Member imagine's Avatar
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    sorry to hear your disapointing news, its cruel and heartless


  25. #25
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by imagine View Post
    sorry to hear your disapointing news, its cruel and heartless
    very ...


  26. #26
    Moderator joebloggs's Avatar
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    this is who the gov ministers fear as well as everyone else..

    http://www.ombudsman.org.uk/
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  27. #27
    Member BRIAN WEBSTER's Avatar
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    what ? me and my wife are in tears for you both so so sorry to hear such sad news on such a poor excuse ?


  28. #28
    Respected Member rhaichard's Avatar
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    Quote Originally Posted by BRIAN WEBSTER View Post
    what ? me and my wife are in tears for you both 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


  29. #29
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    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
    be positive,everything is gonna be ok


  30. #30
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    Quote Originally Posted by chieldave View Post
    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!


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