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.
terpe ,
may i know what is the website tells about the overtime ??
thnx ...
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![]()
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:-
It's also stated under 5.3.1 that:-Overtime, commission-based pay and bonuses will be counted as earnings from salaried employment.
From what you have said it is clear that the payslips and bank statements also met this requirement.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.
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
thanks terpe ,
i will let my husband know this
once he get home from work .![]()
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
Mr.P Rh****
why same like yours ?![]()
We just emailed at ukinthephilippines@fco.gov.uk and SUBJECT: To the Ambassador![]()
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
Did you see my reply to your message??
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.
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.
sorry to hear your disapointing news, its cruel and heartless![]()
this is who the gov ministers fear as well as everyone else..
http://www.ombudsman.org.uk/
what ? me and my wife are in tears for you both
so so sorry to hear such sad news on such a poor excuse ?
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
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