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