# Re-applying for Spouse Visa



## ZishanJ (Jan 20, 2015)

Hi guys,

I have been around a while and reading some really good advice from people like Joppa and i thought i would finally post myself to get some advice. 

My wife applied for a Spouse Visa from Pakistan on 24/12/2013 and we were refused on the 22/9/2014 (we were put on hold, due to the court hearing). The refusal stated that 
"(I) the sponsor did not meet the financial requirement" - I included 6 months payslips, 6 months bank statements, employer's letter and employment contract. I applied under Cat A - each of my slips showed that i earned over 1550 each month (when commission and overtime was added). I do not understand why we were refused, but doesn't matter now.

We are looking to reapply by March 2015, and wanted to know whether a p60 is essential for this new application? As i will not obtain a p60 for this tax year until April at the earliest and my last year p60 will not show the required amount, as i am applying for my daughter as well now (22,400 a year requirement). 

Is it still better to include last years p60, even though it is not relevant with a little note? I just want to ensure that by enclosing it it does not confuse the ECO and lead to a refusal due to the p60. 

I appreciate the help

Z


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## adimoon (Dec 14, 2014)

sorry to hear that, but did u receive your salary directly in ur bank account or u received it by cash?


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## nyclon (Apr 3, 2011)

You should include the P60 and staple a note explaining why it doesn't reflect your current income. 

If your daughter is a UK citizen you do not have to meet the additional financial requirement.


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## ZishanJ (Jan 20, 2015)

Thanks for your response guys. Yes all income was highlighted in each bank statement. As far as i can tell the bonuses and overtime earned were overlooked due to me stating my salary was £16,000 + OTE on the appendix form. My employer letter also stateed i earned 16,000 plus performance related bonus. 

I assume that was my error and the ECO took that figure on the appendix at face value and did not take the bonus on my wage slips into account. Maybe we applied in the wrong category?? We did not appeal because our daughter was born in Pakistan and is not a UK citizen and therefore we need to meet the 22,400 requirement and reapply. 

So enclosing a 2013 - 2014 p60 is best? Is it useful to also enclose a p45 from my last job (i left my last job in March 2014 and i am now working in a different company since April 2014). 

Thanks again


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## Joppa (Sep 7, 2009)

Don't need P45. P60 is a must with an explanatory note, but if it doesn't cover any of the period of employment you are submitting, don't, and attach a note explaining why.
You just confused the ECO. You MUST attach a sheet setting out how you are meeting the requirement, with your basic pay plus extras, as described in FM1.7. Also you probably put the wrong figures on Appendix 2. So re-do your application, and get it right next time.


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## ZishanJ (Jan 20, 2015)

Thank you for replying Joppa, i appreciate it. 

Just a couple of questions, i am a little confused from reading advice from various different places. 

1. Do I need to enclose 2 sponsorship undertaking forms (sU07) for my wife and 2 month old daughter or just the one as my previous application? 

2. It costs £885 for a spouse visa, i have read on a forum that as i have 1 child dependent i would have to apply for 2 visas and therefore pay £1770! (i.e. paying for 2 visas rather than 1). Is this true because i am really hoping it is not! 

Thanks again.


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## Joppa (Sep 7, 2009)

#1 You don't need SU07/12, but if your VAC insists on one, enclose one for each application.
#2 Yes, I'm afraid so.


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## ZishanJ (Jan 20, 2015)

Thank you Joppa, i am sorting out the final few documents for re applying.

I have looked through this forum regarding the p60 and the spouse visa and i have found there is some slightly conflicting advice. My wife with 1 dependant will be applying under Cat A and i will be providing 10 month pay slips, 10 month bank statements, contract of employment, employment letter and a statement of earnings. I cannot provide a p60 for 2014 - 2015 as i will not get one until may, so i will be enclosing a note to that effect with a statement of earnings from my employer.

My p60 for 2013 - 2014 is for a different employer and for a different salary and not even relevant in terms of period for this new application. As you can imagine i want to ensure no stone goes unturned and this time the visa is granted. 

Is it better to enclose the old p60 and explain it is just for timeline purposes and not relevant at all (as long as the ECO does not get confused). or is it better to not enclose any p60 (and only the statement of earnings) and attach a note explaining it's absence due to not getting one yet. 

I know Joppa, you have said don't include it and attach a note, but there have been refusals due to no p60 and even due to including the p60 that was not even relevant to the time period. So i am ensuring that i do what is best in this situation.

Please advise, i appreciate it in advance.


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## Joppa (Sep 7, 2009)

No, don't enclose it but attach a note stating that 2013-14 P60 doesn't cover *any *of the period of employment you are submitting to meet the financial requirement.


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## nyclon (Apr 3, 2011)

ZishanJ said:


> My wife with 1 dependant will be applying under Cat A and i will be providing 10 month pay slips, 10 month bank statements, contract of employment, employment letter and a statement of earnings.


If you are applying under Category A you only need to send 6 pays slips with 6 corresponding bank statements along with the letter of employment and contract. Sending more could just confuse things.


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## ZishanJ (Jan 20, 2015)

nyclon said:


> If you are applying under Category A you only need to send 6 pays slips with 6 corresponding bank statements along with the letter of employment and contract. Sending more could just confuse things.


Oh i see, i am just trying to be extra careful and go beyond the call of duty i guess. Do you think it is best to include a statement of earnings from my employer (due to no p60) or is it best to leave it out? I am just trying to stack up the evidence, so it cannot be refused. 

Thanks in advance, i really appreciate everyone's help.


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## nyclon (Apr 3, 2011)

It's best not to clutter up your application with unnecessary stuff. You don't need a statement of earnings. You need to make sure that you meet the requirement and that your documents support that.


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## A.Sharpe (Jan 4, 2015)

Hi there , 
just been reading , not sure if this helps regarding your baby, My son was born last August , my husband is a British citizen , born and bred . So before he was born we contacted the home offices in the UK and they told us that he would receive a British passport even though he was born in South Africa , which is where I am from. We applied for his British passport end of September and received it within 2 weeks. 
I also applied for my Spousal visa last year and I did not have to meet any requirements for him as he is considered a British citizen and we have his passport . Exactly the same as my husbands only his says born in Durban , my husbands says London. 

Not sure if the same would apply to you but its best to find out , you could easily do so by calling the Home offices there.

Good luck


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## Joppa (Sep 7, 2009)

OP's situation is different in that her daughter's father is British by descent and she doesn't have British citizenship. So needs her own visa and will bump up the financial requirement.


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## A.Sharpe (Jan 4, 2015)

AAhhh oh k ,


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## ZishanJ (Jan 20, 2015)

Wait a minute... Just to confirm. I am the sponsor and husband of the applicant. I am a British Citizen and was at the time of my daughter's birth. Does this mean my daughter can get a british passport straight away even though she was born abroad but a child of a british Parent, is she eligable for a passport?? and i only have to apply for my wife???


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## Joppa (Sep 7, 2009)

How did you get British citizenship? Were you born in UK? Naturalised in UK?


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## ZishanJ (Jan 20, 2015)

That's what i'm trying to figure out. British by descent and otherwise by descent. I was born outside the UK to a British Father who lived in the UK. I Moved to the UK with my mother when i was 10 months old. I think my daughter is not eligable for BC but i am not 100% Sure.


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## Joppa (Sep 7, 2009)

You are British by descent and your daughter is not British by birth but you can register her as British as you have lived in UK more than 3 years before her birth. The thing is, if you do it now, before her move to UK and waiting 3 years, she becomes British by descent and will have the same problems you are having in future. But if you get her visa, and she lives in UK with her parents for 3 years, you can apply to have her registered as British, and she will become British otherwise than by descent. It's a difficult choice faced by many people.


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## ZishanJ (Jan 20, 2015)

Thanks. Ye tough choice. If my daughter marries in the UK then she wont have the same problem i have i guess. So just to confirm i am able to register my daughter as British? Even though i am british by descent and not british by otherwise than descent?? And if i can then i can apply just for my wife with no child dependants?? This would be great news if def true.


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## Joppa (Sep 7, 2009)

Except that registering your daughter now will cost £669 and can take around 4 months. Plus cost of British passport in India - £76.01 and will take further 4 months or so, as you cannot apply until you have received her certificate of registration.


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