Spouse visa refusal - and put on hold: help urgent pls!

[rajasekar]

hi, i am new this forum can u pls help me with this thread,this is my wife receive email from ECO about her visa refusal:



22 August 2013

Our Ref: VISA APPLICATION FORM*************


Dear Mrs*****************

Your application for entry clearance/leave to remain under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the evidential requirements under Appendix FM-SE for the income threshold. The documents and or information missing are as follows:

The employment letter from ************* Store confirms your sponsor’s employment, employment type, length of employment but does not confirm his gross annual salary or the length of time that salary has been paid. I note that your sponsor’s P60 for the previous financial year shows a gross annual income with the same employer of £11,751.

This application was made on 30/5/13, the most recent pay slip for April 2013 has not been included.

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.

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 documents relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant periods prior to that date, this will be considered. If, on the basis of this further information or documents, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.

Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (for example, in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.

Yours sincerely,

*********
Entry Clearance Officer
UK Visas and Immigration
advice much apriciated!!thanks

[Terpe]

hi, i am new this forum can u pls help me with this thread,this is my wife receive email from ECO about her visa refusal..

Hi there rajesekar, welcome here to Filipino UK

It seems that the evidence you submitted did not support the UKBA Financial Requirement

Based solely on what you've divulged I would suggest appeals is not a route for you.

My initial advice would be this:-

1. If you actually submitted documentary evidence that supported the application and relevant immigration rules, then include copies and explanations in a letter to the ECM (Entry Clearance Manager) requested a reconsideration of the ECO decision based on an error in reading submitted documents.

2. Gather together all the required evidence (pay slips, bank statements, Employer letters etc) compliant with immigration rules (including missing documents) and re-apply.

If you have any specific questions don't be shy to ask for clarifications
Hope that helps with your situation.

BTW, do you currently comply with the Financial Requirements?

[rajasekar]

Hi there rajesekar, welcome here to Filipino UK

It seems that the evidence you submitted did not support the UKBA Financial Requirement

Based solely on what you've divulged I would suggest appeals is not a route for you.

My initial advice would be this:-

1. If you actually submitted documentary evidence that supported the application and relevent immigration rules, then include copies and explanations in a letter to the ECM (Entry Clearance Manager) requested a reconsideration of the ECO decision based on a error in reading submitted documents.

2. Gather together all the required evidence (pay slips, bank statements, Employer letters etc) compliant with immigration rules (including missing documents) and re-apply.

If you have any specific questions don't be shy to ask for clarifications
Hope that helps with your situation.

BTW, do you currently comply with the Financial Requirements?

thanks for ur reply i send april payslip with employment letter this is i send to ECO:
Date: 24 september 2013

To whom it may concern:

I, xxxxxxxxxxxxxxxxx owner of xxxxxxxxxx store, confirm that Mr xxxxxxxxxxxx has been in permanent full time employment with my business since September 04, 2012 till date. His gross income as per his P60 for financial year 2012/13 is £11,751.32 and his gross earnings for the current financial year are as follows

April 2013 – £1,609.40
May 2013 - £1,578.45
June 2013 - £1,547.50
July 2013 - £1,615.59

Total - £6,350.94

His total gross earning while in employment for my business since September 01, 2012 till July 31, 2013 is £18,102.26.

Based on his current earnings, his gross salary annually is £19,700.00


If you require any further information, please do not hesitate to contact me.
can u pls tell me this letter is ok? ECO will accept this letter? just i am little confuse because april payslip is before application date but employer letter with new date .

[joebloggs]

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.

i wouldn't count on relying on this, it could be a long time before there is an outcome and I believe the judge stated that the government had a right to have a minimum financial requirement.

[Terpe]

.......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.......

I've seen this on many recent refusals based on Financial Requirement.
I also known plenty who have submitted evidential documents to demonstrate compliance and have been granted a visa. The documents MUST be proven to be valid and existing before the the date of original application. Just not included with the application for whatever reason. Strictly no post dated documents will be entertained.

[rajasekar]

I've seen this on many recent refusals based on Financial Requirement.
I also known plenty who have submitted evidential documents to demonstrate compliance and have been granted a visa. The documents MUST be proven to be valid and existing before the the date of original application. Just not included with the application for whatever reason. Stritcly no post dated documents will be entertained.

Terpe can u pls check my employment letter and give me advice pls.thanks ur reply.

[joebloggs]

the gov will be in no rush to do anything about this, it could be along wait for some

[andy222]

Was this application made in the phillipines?

[grahamw48]

Was this application made in the phillipines?

I was wondering the same.

It would be a shame if every Tom, Dick and Harry, having no connection to the Philippines were to join up, purely looking for free information. Not really the purpose of the forum I'd have thought.

[andy222]

I was wondering the same.

It would be a shame if every Tom, Dick and Harry, having no connection to the Philippines were to join up, purely looking for free information. Not really the purpose of the forum I'd have thought.

Exactly.