# Confused - Need Advice



## helpmeplz (Sep 23, 2013)

Hi all, bit of background information;

Got married last year from overseas a while before the rules changed, went into employment at the start of the year. Have been in employment for nearly 8 months now. Paid at an hourly rate, however had to take a reduction in hourly pay as I have moved to a different location although I am still employed by the same company. 

Now, I was on a 35 hour a week contract with my employer (rate of £7.53), did plenty of OT, and from the top of my head I remember my average earnings for the past 6 months was £1350 or near abouts. 

Now my hours have decreased to 20hours/weekly, and 90p a hour reduction in my hourly pay rate. There is still OT available which I will always take. So it has made a difference to my income. I am also looking for other work to help.

I have in savings £45k, which some of was gifted by my parents. These have been in my control for 6 months.

What category would my spouse apply under? From what I've read here it cannot be category A as I would need a monthly income of £1550 or higher for that, for a constant 6 months? 

If it's category B, I cannot use my savings to help can I? 

So in reality I am stuck until I earn more then the given threshold for the UK visa? Or earn that much in the 12months?

Please can you share your advice with me me, I am really confused and upset, I'm losing sleep over this. 

Also, may I add, I have done all my documents, would I need my sponsor letter to be created by a solicitor as I did my sponsor introduction myself, I explained how I met my spouse, time I spent with her, how we communicate, etc...

Thank you.


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## helpmeplz (Sep 23, 2013)

I also forgot to mention that my pay per month does fluctuate and that, I worked out my average by adding all my pay slips then dividing by 6 x 12 to work out a yearly income. 

Am I right in reading on here that the UKBA will use my lowest pay for a given month? I think this was around £1k, I can't say as I don't have my payslips to hand at the moment.

 I'm very worried about this.

My new pay will be even lower then this when I get my next pay slip. Is it advisable that I do not send that payslip and just use the ones I have?


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## Angelbub (May 3, 2013)

Hello,

I may not be able to answer all your questions, but probably i can only help you clarify regarding the category according to your hourly paid job.

My husband's gets paid by the hour as well, which it is considered Non-salaried employment (as he gets paid by the hour depending of how much work he undertakes). We are under Cat A, because we are submitting 6 months of employment.

As to the calculation of the annual income, you are calculating it wrong. They dont take as a basis the lowest amount earned on the payslips under the NON SALARIED EMPLOYMENT. That only applies for those who are applying under Cat A with salaried employment.

As your job is Non-salaried, you will sum up all your payslips then divide the result by 6 and multiply it by 12= the result will be your annual salary.
You have to take in mind that if the final result is less than 18,600 you should then look for other means to compensate the threshold (if your savings are enough) and you will have to apply under another category. Please wait for advice on that one.

Joppa has helped me loads to understand my case for example. Please wait for better answers, however i recommend you also this link that may help you understand the diferent cases regarding the requirements as well.

PAGE 18.
http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Good Luck


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## helpmeplz (Sep 23, 2013)

Angelbub said:


> Hello,
> 
> I may not be able to answer all your questions, but probably i can only help you clarify regarding the category according to your hourly paid job.
> 
> ...



Thank you so much for your reply. 

Totalling up and dividing it by 6 and x 12 results in my yearly income to be £16,200. What I want to know is if I can use my savings with this or not. This is what I am worried about. 

Thank you for clearing the working out of the non-salaried income. 

I hope joppa see's this and helps me. I am really worried.


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## Angelbub (May 3, 2013)

You are welcome,

Yes, i suggest you to wait for joppa and get his advice regarding your savings as a help for the visa. I heard that the new immigration rules of October 2013 have given good news to those who dont meet the financial requirement, so they are more flexible (allowing cash savings to be included as evidence to meet the requirement, however i dont know what the minimum amounts are to be accepted as cash savings). You should take a look..... this is the link and wait for joppa to advice you and help you calculate how much savings you will need in order to balance the shortfall you got.

http://www.ukba.homeoffice.gov.uk/s...tatementsofchanges/2013/hc628.pdf?view=Binary

Also, read the Appendix FM-SE. It gives you s tremendous good advice and understanding.

Have a good day.


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## helpmeplz (Sep 23, 2013)

As far as I'm aware cash savings have always been possible to use with the financial requirements side of things with a spouse visa. What I understand is that they can not be used with part 2 of category B and cannot be used with self employment either.


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## Angelbub (May 3, 2013)

helpmeplz said:


> As far as I'm aware cash savings have always been possible to use with the financial requirements side of things with a spouse visa. What I understand is that they can not be used with part 2 of category B and cannot be used with self employment either.


Hello,

Yes, they have been always accepted under certain conditions. I wish i could help you but i dont want to give you the wrong advice. 
It is a confusing process at first but once you figure it out (specially with the help of this forum) everything becomes easier.

Good luck with your application


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## Joppa (Sep 7, 2009)

If your average income under Cat A is only £16,200, you can meet the shortfall through savings (Cat D). You need (18600-16200) x 2.5 + 16000 = £22,000. The total amount must be in a non-notice cash account and the minimum balance of £22,000 must have been maintained for 6 months up to the date of application. It can be divided between several accounts, including in foreign currencies, in your, your partner's or in joint name. But each account has to conform to the same requirement about length and minimum balance. Also the money must be your own, not a loan.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

Thank you for your reply it means a lot. Do you think I am in a good position then or not? The cash savings, some was a substantial amount which was gifted to me by my parents. They do not consider this a loan and have given me a written letter stating this. 

Can I use the savings with CAT A? Do I qualify for CAT A? Anglebub said my annual salary will be worked out using my gross monthly pay for 6 months and then dividing it by 6, and multiplying by 12? Is this how the ECO will work it out?

I am still rather confused as I do not want anything left untouched so my spouse's visa gets rejected? The savings have been left untouched as I have enough left over a month to support myself and send maintenance to my spouse. 

Also, I see one of my previous questions was not answered which was do I need a solicitor to create a document for me for my spouse's settlement? Or is my sponsors introduction enough for the ECO?

Thank you in advance.


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## Joppa (Sep 7, 2009)

No solicitor needed. Just ask here for anything you aren't sure about.
You should meet the requirement under Cat A combined with Cat D.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

Thank you. I will ask if I have any more questions. Thank you for your help, I really appreciate it. Thank you so much.


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## helpmeplz (Sep 23, 2013)

I worked out that my yearly income calculated from my last 6 payslips is £16,510.42. 

So working it out like Joppa has done; (18600-16,510.42) x 2.5 + 16000 = £21,223.95

Is this the amount of savings the EOC will use for the application for the shortfall in my pay? I have now 7 pay-slips. My last payslip shouldn't be older then 28days of the application, correct? Does the housing report also need to be done within 28 days of the application, as I have one which is a little older then that.


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## Joppa (Sep 7, 2009)

helpmeplz said:


> I worked out that my yearly income calculated from my last 6 payslips is £16,510.42.
> 
> So working it out like Joppa has done; (18600-16,510.42) x 2.5 + 16000 = £21,223.95
> 
> Is this the amount of savings the EOC will use for the application for the shortfall in my pay?


Yes.




> I have now 7 pay-slips. My last payslip shouldn't be older then 28days of the application, correct?


Correct.



> Does the housing report also need to be done within 28 days of the application, as I have one which is a little older then that.


No. Provided it's up to date.


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## helpmeplz (Sep 23, 2013)

Thank you Joppa, my p60 has a low amount of £2.5k, for the tax year 12/13. I wasn't in employment as it took a while to get into employment. Will this affect my spouse's case? 

Also the figure which I posted before was my hourly earnings a month. Is the way of working it out correct for hourly earnings and again will they not use the lowest amount of my payslip to work out my yearly income? I'm just still a little unsure about these grey areas and would like to understand them fully before we submit anything.


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## Joppa (Sep 7, 2009)

You need to attach a note to P60 explaining why it is low.
For the hourly-paid (non-salaried employment), you work out the average over 6 months, so you don't need to earn a minimum amount each month provided on average you earn £18,600.


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## helpmeplz (Sep 23, 2013)

Ok Joppa that's fine I will attach a note.

Again on average I haven't earned £18,600, so this is why my savings can be used, correct? 

So on the form we should tick the boxes for Cat A and Cat D for the financial requirements?

The documents I have made are these;

- Sponsor’s Information
- Sponsor’s Letter of Introduction
- Authenticated Copy of Passport Bio Page
- Originals of Birth Certificate (short and long form)
- CV Of Sponsor
- Academic Degree of Sponsor

- Sponsor’s Financial Information
- Sponsor’s Bank statements
- Sponsor’s P60 (Sealed Envelope) - I will add a note to this
- Sponsor’s Payslips (Dated Sealed Envelopes) - 6 months of payslips even though I have a month extra - I should submit my last one. Does this mean I can leave my first payslip out?
-Sponsor’s Utility Bills

- Sponsor’s Support
- Received gift from parents (Sponsors Parents)
- Parents Bankstatement showing gift leaving account/gift receipt from the bank which it was transferred at as it was done in person

- Sponsor’s Evidence of Accommodation
- Letter from Sponsor's Parents verifying accommodation agreement
- Letter from Sponsor's Parents deeds to home (accommodation)/Council tax also attached to this
- Housing Report for Sponsor’s Accommodation

- Sponsor’s Employment History
- Letter of Employment from Current Employer
- Employment Contract

- Sponsor’s Evidence of Maintenance
- Money Sent/Received - I have used Western Union for this, is this acceptable?

- Applicant’s Information
- Applicant’s Letter of Introduction
- Applicant’s Spouse Visa VAF4a Form
- Applicant’s Passport and two color passport-sized photos/I.D Card (True Copy)
- Applicant’s Original Birth certificate
- Applicant’s Biometrics Confirmation
- Applicant’s T.B Medical Certificate
- Applicant’s English Certificate

- Applicant’s Financial History
- Bank statements 
- Bank Letter / Verification of Deposits (In English)
- Applicants WU receipts/confirmation

- Applicants’ and Sponsor’s Relationship
- Original and Certified Copy of Marriage License/Also translated
- Wedding photos
- Wedding invitations

- Applicant’s and Sponsor’s Proof of Communication
- Flight confirmations from visits 
- Skype Video-Call log
- Facebook messages Log
- WhatsApp Print Screen Log
- AVTMobile Call Log

Does this seem ok Joppa, anything I should add?


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## Joppa (Sep 7, 2009)

helpmeplz said:


> Ok Joppa that's fine I will attach a note.
> 
> Again on average I haven't earned £18,600, so this is why my savings can be used, correct?
> 
> ...


OK.



> - Originals of Birth Certificate (short and long form)
> - CV Of Sponsor
> - Academic Degree of Sponsor


Not needed.



> - Sponsor’s Financial Information
> - Sponsor’s Bank statements
> - Sponsor’s P60 (Sealed Envelope) - I will add a note to this
> - Sponsor’s Payslips (Dated Sealed Envelopes) - 6 months of payslips even though I have a month extra - I should submit my last one. Does this mean I can leave my first payslip out?
> -Sponsor’s Utility Bills


Utility bills should go under accommodation.
Put the employment letter and contract here..



> - Sponsor’s Support
> - Received gift from parents (Sponsors Parents)
> - Parents Bankstatement showing gift leaving account/gift receipt from the bank which it was transferred at as it was done in person


Where is the bank or savings account statement of the sponsor where the money has been held for 6 months?



> - Sponsor’s Evidence of Accommodation
> - Letter from Sponsor's Parents verifying accommodation agreement
> - Letter from Sponsor's Parents deeds to home (accommodation)/Council tax also attached to this
> - Housing Report for Sponsor’s Accommodation


Good.



> - Sponsor’s Employment History
> - Letter of Employment from Current Employer
> - Employment Contract


See above.



> - Sponsor’s Evidence of Maintenance
> - Money Sent/Received - I have used Western Union for this, is this acceptable?


Not needed.



> - Applicant’s Information
> - Applicant’s Letter of Introduction
> - Applicant’s Spouse Visa VAF4a Form
> - Applicant’s Passport and two color passport-sized photos/I.D Card (True Copy)
> ...


Birth certificate is optional, unless the name on it differs from passport. 



> - Applicant’s Financial History
> - Bank statements
> - Bank Letter / Verification of Deposits (In English)
> - Applicants WU receipts/confirmation


Leave them out.



> - Applicants’ and Sponsor’s Relationship
> - Original and Certified Copy of Marriage License/Also translated
> - Wedding photos
> - Wedding invitations
> ...


OK, but don't overdo evidence of keeping in touch. Just a few representative samples from each 6-month period are all that you need.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> OK.






Joppa said:


> Not needed.


I will leave that out.





Joppa said:


> Utility bills should go under accommodation.
> Put the employment letter and contract here..


So utility bills and employment contract under the accommodation section?





Joppa said:


> Where is the bank or savings account statement of the sponsor where the money has been held for 6 months?


That is with my bank statements.





Joppa said:


> Good.
> See above.






Joppa said:


> Not needed.


I did this to show that I have supported my spouse. Unfortunately, getting married and then finding employment was a long wait for me. I do not want the ECO to feel that I cannot support my spouse, so I have sent my spouse money every month for my spouse's needs (even though my spouse lives at family home). I included my spouse's financial bank statements and receipts of money received to show that my spouse was indeed the recipient and the bank statements verify the money I have sent.





Joppa said:


> Birth certificate is optional, unless the name on it differs from passport.


It does as my spouse took on my name as surname.





Joppa said:


> Leave them out.


See above.





Joppa said:


> OK, but don't overdo evidence of keeping in touch. Just a few representative samples from each 6-month period are all that you need.



I will shorten it. I want the ECO to know our marriage is legitimate and our love and desire to be with each other is genuine. I speak to my spouse everyday, and I wanted to prove this with as much evidence as I could. I will do my best to shorten and keep the communication which shows enough but not too much.

Anything else which I should add Joppa. Thank you so much again.

I spent countless nights on this site looking through threads to understand how to develop a case and what is needed, some of the documents I have are what members from here submitted. 

With regards to my CV/Degree I wanted to show the ECO that I have work experience, and a qualification which would help me in the future.


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## Joppa (Sep 7, 2009)

You don't need anything about how you are supporting your spouse. It isn't part of the requirement and plays no part in determination. It's all about income.

Contract and employment letter under financials, utility bills under accommodation.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> You don't need anything about how you are supporting your spouse. It isn't part of the requirement and plays no part in determination. It's all about income.
> 
> Contract and employment letter under financials, utility bills under accommodation.


Ok, I'll re-arrange everything. 

It's quite shocking to find out that maintenance isn't a requirement. If that was the case why raise the income threshold? Surely, if they're not interested about how much money you give to your spouse while you live away from him/her (maybe spouse is alone, no income,), how would they feed his/her self etc.. Yes they can claim from the state but even so, as a husband/wife it works both ways you help maintain each and other.

Anyway regardless of that, I'll sort my file out and get it posted. I do wish to keep the maintenance in their Joppa, I just feel it to be a necessity to support the case. I hope you don't mind. 

Again, the communication I'll cut down and I'll take the other bits and bats out.

Thank you so much. My spouse wishes to pay the fee for the application in her home country, is this ok? I have sent her the money for this.


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## Joppa (Sep 7, 2009)

Bad idea. If you submit unnecessary things, you needlessly complicate your application and there is just a chance that you can be refused because you have lost the focus of your application, or they miscalculate your financial requirement. Only put things that are required to meet the visa rules, no more, no less.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Bad idea. If you submit unnecessary things, you needlessly complicate your application and there is just a chance that you can be refused because you have lost the focus of your application, or they miscalculate your financial requirement. Only put things that are required to meet the visa rules, no more, no less.


I see, you are correct about that. I will have to re-arrange and go from there. I haven't been able to find out the documents list which they need for the visa rules? Where should I look?


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## Joppa (Sep 7, 2009)

Other than the basic one listed under partner visa, you need to draw up your own from your personal circumstances. What you have, stripped of some elements, should be ok.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Other than the basic one listed under partner visa, you need to draw up your own from your personal circumstances. What you have, stripped of some elements, should be ok.


Ok that's fine. I'll go over everything again and post the list once I have compiled it, for you to review. 

Thank you for taking your time for replies.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

Just a few questions;

I see from october 28th 2013, a new rule will be implemented where the applicant needs to demonstrate english language at B1 level. Is this included for the spouse visa as my spouse has done the A1.

Secondly, on the VAF4 form, it asks for my employers e-mail, my employer does not have one, shall I leave this blank, or shall we fill this with N/A?

Thank you.


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## helpmeplz (Sep 23, 2013)

Sorry Joppa. In june I was paid twice, at the start of month and at the end so I have 2 payslips for that 1 month. In total I have 8 payslips, do I count the payslips from june as 1 or 2 separate ones? As then my earnings for the year decrease and will affect the amount of savings I need.

Thank you.


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## Joppa (Sep 7, 2009)

B1 is only needed if you are going for settlement (ILR) - usually after 5 years under the family route, or naturalisation as British citizen. It's still A1 for initial partner visa.

Which periods do those pay slips cover? If they are within the time interval you are using to meet the financial requirement, both should be enclosed.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> B1 is only needed if you are going for settlement (ILR) - usually after 5 years under the family route, or naturalisation as British citizen. It's still A1 for initial partner visa.
> 
> Which periods do those pay slips cover? If they are within the time interval you are using to meet the financial requirement, both should be enclosed.


Thank you for the reply Joppa. 

The payslips cover the period of June as the pay is every 4 weeks. I got paid at the start of June as well as the end. I consider this to be counted as a month as they require 6 months payslips. Am I correct in thinking this?


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## Joppa (Sep 7, 2009)

With 4-weekly payslip, you only get 6 pay slips covering 24 weeks, or 7 pay slips covering 28 weeks, not exactly 26 weeks for 6 months. This is fine, so enclose 7 pay slips and work out what the annual amount will be by adding all your pay slips, divide by 28 and time by 26.


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## helpmeplz (Sep 23, 2013)

The annual amount using the formula you have given me to work it out for what I presume is 6 months is £7,659.21.

I worked it out using by adding 7 months of payslips up = 8,284.39

Dividing by 28 = 294.58 (Which I assume is average weekly pay)

Then multiplying that by 26. Which has given my answer above, 7,659.21

Is this the yearly income for me then? Or is it for just 6 months.

I'm rather confused as I thought it was add 6 months of payslips up, divide by 6, multiply by 12 = Annual income.

Would I need to get my weekly average pay and then multiply that by 52 weeks? To work out the annual income? Or is this incorrect?


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## Joppa (Sep 7, 2009)

My calculation is correct. as you are paid 4-weekly, not monthly. You must get the weekly pay and multiply by 52 to get the annual amount. So in your case your annual income is 8284.39 divided by 28 and time by 52 which gives you £15,385.29 or £3,214.71 short of £18,600.


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## helpmeplz (Sep 23, 2013)

Sorry for my double post. I calculated it wrong (rather tired/stressed regarding this issue);

The annual amount using the formula you have given me to work it out for what I presume is 6 months is £7,692.64.

I worked it out using by adding 7 months of payslips up = 8,284.39

Dividing by 28 = 295.87 (Which I assume is average weekly pay)

Then multiplying that by 26. Which has given my answer above, 7,692.64

Is this the yearly income for me then? Or is it for just 6 months.

I'm rather confused as I thought it was add 6 months of payslips up, divide by 6, multiply by 12 = Annual income.

Would I need to get my weekly average pay and then multiply that by 52 weeks? To work out the annual income? Or is this incorrect? 

Annual income would be: £15,385.29 / This is how the ECO would work it out on a weekly basis, correct? Thank you for letting me know Joppa, I didn't realise it was difference for weekly pay. Sorry for the incorrect working out.

My new savings amount for meeting the threshold would be £24,036.77? Hopefully I've worked it out right this time. This is for the 2.5 years.


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## helpmeplz (Sep 23, 2013)

Am I correct Joppa? 

On the VAF4a it states in the question 3.11 - What is your sponsors annual income from this employment before tax? Do I put the annual income of £15,385.29 which we worked out? We are applying in Category A, however it only states salaried employment. No question for non-salaried?


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## Joppa (Sep 7, 2009)

Yes. You put more detailed figures on Appendix 2, which ECO will work from.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Yes. You put more detailed figures on Appendix 2, which ECO will work from.


Sorry for sounding dumb Joppa, but where is appendix 2? Is it on the Vaf4a form or Vafa2 form?

Realised it's appendix 2 on the VAF4a form, but I cannot find a more detailed section to put my working out in.


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## Joppa (Sep 7, 2009)

UK Border Agency | Applying from outside the UK. On the right.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> UK Border Agency | Applying from outside the UK. On the right.


After I filled in that section, from 3.12 it says to go to 3.21. 

After that we filled out the category D - part 3f for the savings. I cannot find a question/box to declare how I worked out my annual salary with the forumla you posted. The only other option I feel is available to me is to put it in part 5.1 and explain to the ECO how I worked it out. Is this a viable method or not?

Unless I'm over-looking a question I really can't seem to find the section for non-salaried employment work out of annual salary.


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## Joppa (Sep 7, 2009)

Just put basic info on VAF4A (or the online version of it when you apply) but details such as non-salaried pay and savings go on Appendix 2, which ECO will work from.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Just put basic info on VAF4A (or the online version of it when you apply) but details such as non-salaried pay and savings go on Appendix 2, which ECO will work from.


Again in Appendix 2 from the link you gave me Joppa, it states in 3.3 the type of Financial requirement you are applying under. It gives salaried cat a and b, over-seas salaried, self employment, non employment income, pensions, and then savings.

Savings we have filled in, it's just the non-salaried details which we haven't. I've stated where I work, worked there for 6 months, do not meet the financial requirement, my annual salary (using the formula you provided), and that's it. Then moved onto savings filled the amount of savings, types, source etc. Then said I meet the financial requirements using the categories I have used.

I'm really sorry I cannot find the area which I should put those details in.


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## helpmeplz (Sep 23, 2013)

Any advice Joppa? Tried to find it but have had no luck.


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## Joppa (Sep 7, 2009)

Appendix 2 hasn't been revised since the new rules came in about how to calculate non-salaried employment. So I suggest you enter as salaried employment, but then attach a covering note stating that it is non-salaried employment and giving your calculations, and staple it to the Appendix 2.


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## helpmeplz (Sep 23, 2013)

My spouse submitted her application but I have a question now;

I forgot to attach a note to the p60 to explain why the yearly income is low.

I also printed out online bank statements and also submitted originals. However, my last pay shown was in the online statement as the bank didn't get me the original in time, and I have only just read that I needed to get a bank to sign/proof of authenticity. 

Everything else I did as you said Joppa, attached a note to appendix 2 explaining the calculation, my job etc...

Will this be a problem? 

I'm just curious as to what to expect really, so I can be prepared for it.


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## Joppa (Sep 7, 2009)

Applications have been put on hold for failing to attach a note to P60 explaining why it doesn't fully show the financial information you are putting forward.
While they have discretion to accept one piece of evidence not in the correct format, being put on hold is still possible.
Just wait and see.


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## helpmeplz (Sep 23, 2013)

Thanks for the reply Joppa. That seems a shame, would they allow me to appeal, or will it be a strict hold? If it's a strict hold, then would it be beneficial to re-apply?

I'll wait and see the outcome.


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## Joppa (Sep 7, 2009)

If they ask you to send further documents, do so, and you may be approved.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, something has crossed my mind, and I am rather worried.

Around 4 months ago I went to transfer some money into my account. Stupidly I transferred the money from the savings to the current, and not the other way around. It was a short some of £10 so not a lot. Would the clock be reset for this? 

If so, why would it? Reason being, both accounts are in my name, and in my control. 

If the clock has been reset this then means I am 2 months short on the savings being in my account for a period of 6 months. Which in turn then means my application may be put on hold.

Is their any light you can shed on this?


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## Water Dragon (Jun 28, 2011)

helpmeplz said:


> Hi Joppa, something has crossed my mind, and I am rather worried.
> 
> Around 4 months ago I went to transfer some money into my account. Stupidly I transferred the money from the savings to the current, and not the other way around. It was a short some of £10 so not a lot. Would the clock be reset for this?
> 
> ...


This would only have an impact on your application if the withdrawal took your balance below the amount required to meet your savings requirement. There's no way to know until you get some kind of communication from UKBA.


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## Joppa (Sep 7, 2009)

If the balance of your savings account dipped below the level you are relying on even by one day, the clock is reset. It doesn't matter if both current and savings accounts are in your name. Keeping the minimum balance for 6 months applies to each account your savings are in.


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## helpmeplz (Sep 23, 2013)

I think I should be ok as I have more then the required amount. Thanks for the replies.

I'll wait too see the response we get. Hopefully It'll be of good and not more stress.


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## Joppa (Sep 7, 2009)

Another way of thinking about this rule is that Home Office will take the lowest balance in your account during the last 6 months. So for example if you had £20,000 in your account for 6 months except for a few days when it dipped to £19950, then it's the lower amount they will take as permitted amount of savings.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

I haven't seen my spouse for nearly 2 years now, responsibilities, and work haven't given me the time to go see her. I feel rather sad about this, and I am actually rather worried. Reason being, if my spouses application gets rejected (or hold), and she puts a new one in. She will have to state that last time she saw me again, not so bad when the application was done last year, but after 2 years, I am thinking the ECO might question the 'genuine subsiding relationship factor'. 

Could they? Would it then cause them to reject the application even if I meet all the other requirements? I may have time this year to go see her.

I'm trying to get as many hours in at work so my pay doesn't decrease. This in turn then means I have little time to have off.


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## Joppa (Sep 7, 2009)

Not if you show evidence of continuing commitment and devotion, through Skype log, mails and texts. You also need to explain in your covering letter how pressure of work has prevented you from seeing your wife.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Not if you show evidence of continuing commitment and devotion, through Skype log, mails and texts. You also need to explain in your covering letter how pressure of work has prevented you from seeing your wife.


That's fine then. We talk everyday on Skype, whatsapp etc, so I have no problem showing that communication. If (God forbid), they do reject the application, I'll mention it again in my covering letter explaining in more detail.

Thanks for the reply again Joppa, you're a star!


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## helpmeplz (Sep 23, 2013)

Hi Joppa, got an update and need some advice;

Well my wife received some bad news today, it's not all bad. More of an indication of what needs to be done now.

This is the following e-mail she received from the BHC in Pakistan. Please note we applied through CAT A + CAT D Savings.

Dear Mrs. XXXXXX, 

ISB/XXXXXXX 

On 5 July 2013, the High Court in the UK handed down its judgment in a Judicial Review of the minimum income threshold for spouses/partners and children applying in the family route. Having reviewed the judgment, the UK Home Secretary has decided to pursue an appeal to the Court of Appeal (and has asked for this to be expedited). The Home Office has therefore temporarily paused decision-making on some spouse/partner and child settlement visa and leave to remain applications. More information about this hold on decisions is set out on our website. 

Your application for entry clearance under paragraph E-ECP.3.3 of Appendix FM to the Immigration Rules has been considered. 

Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. Y

our sponsor states that he earns an annual income of £14,560.33 from his employment with XXXXX. 

He also claims savings of £XXXXXXX. 

In respect of cash savings the following must be provided: 

(a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application. 

(b) (b) A declaration by the account holder(s) of the source(s) of the cash savings. 

You have failed to provide all the specified documents, in particular those items listed in (a) above. 

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. 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. 

Then it goes on to say about sending new documents in within 3 weeks at the time of application etc.


Now, do you think I should re-apply? How would we go about re-applying, and getting our documents back? 

Reason being, my savings were gifted to me by my parents as you know, they were 2 months short of the 6 months they should have been in. This was a mistake on my part as I thought it was 6 months, how I overlooked it I do not know. 

I have a lot more savings in now. I also got a letter from my parents they gifted me the savings and that the money was from a house sale, the BHC must have missed this letter. 

I had bank statements, and also a statement from my parents showing the transaction. My savings statement from my account with the savings was printed off at home. So I am not surprised by the decision, however, I am glad that it was solely based on that.

Any advice? What should I do now?

Thank you.


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## helpmeplz (Sep 23, 2013)

Anyone?


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## helpmeplz (Sep 23, 2013)

Please help?


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## nyclon (Apr 3, 2011)

If you want to reapply then contact them and ask them to return your documents to you.


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## helpmeplz (Sep 23, 2013)

nyclon said:


> If you want to reapply then contact them and ask them to return your documents to you.


Do you think that our only option? We went through the application process using Cat A + Cat D. The savings were only in my account for 4 months, we now meet the savings criteria with having it in my account for over the 6 month period.

Secondly, would they require new documents such as P60, (new bank statements no older then 28 days/payslips), and my employment letter, and new contact communication records. My wife will need a new TB certificate too.

Anything else?

Really appreciate the reply. Thank you.


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## helpmeplz (Sep 23, 2013)

Can someone please advise me? We plan on withdrawing the spplication, yet are still unsure whether it's our only option.

Do you think they checked my wife's case fully? They only put it on hold due to the financial requirement but it's not been made clear if they saw the savings or not. 

Is an email sufficient to ask for the documents back or should we send a written letter too?


Thank you
:-(


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## helpmeplz (Sep 23, 2013)

Just an update; 

Me and my spouse decided to e-mail them and withdraw the application. I now meet the criteria to sponsor her, I am sure of it. I haven't missed anything; I am again using savings to meet the shortfall of my income from my employment. I am going to use CAT A + CAT D again, I have now been with my employer for over a year. However I have not earned the £18,600 which is required.

Should I again apply through CAT A + CAT D? Would CAT B be any better? I am sure if you apply via CAT B, you need to meet both the requirements for CAT B1 and B2? 

Or do you only apply through CAT B1, if you been with your employer less then 6 months, and CAT B2, if you had a previous employer before your new employer within the year, have earned over £18,600?


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## Preeti15 (Feb 11, 2014)

If you are working for the same employer for last 6 months or more and got enough savings to meet the shorfall of £18600 you should be fine applying under Category A and D. You just need to make sure savings are held from last 6 months. Also, make sure to use the correct calculation which is 

Savings - £16000 / 2.5 = £xxxx

You then add your salary+£xxxxx and the amount you get should be £18600 or more.


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## helpmeplz (Sep 23, 2013)

Preeti15 said:


> If you are working for the same employer for last 6 months or more and got enough savings to meet the shorfall of £18600 you should be fine applying under Category A and D. You just need to make sure savings are held from last 6 months. Also, make sure to use the correct calculation which is
> 
> Savings - £16000 / 2.5 = £xxxx
> 
> You then add your salary+£xxxxx and the amount you get should be £18600 or more.


Hi Preeti, 

Thank you for your reply. I know about the calculation for working out the savings I need to meet the threshold. I was just curious about applying through CAT B and if I could. 

Like I said before, my application only got put on hold due to savings being in my account for 4 months, and not 6. A fault on my part.

Also preeti, I worked out the savings I needed like this;

(18600- income) x 2.5 + 16000 = SAVINGS NEEDED


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## Joppa (Sep 7, 2009)

While it comes to the same thing, the usual way of working out savings requirement is to establish the shortfall in income from £18,600, multiply by 2.5 and add 16,000. So if your income id £15,000, the calculation is 18600 - 15000 = 3600, 3600 x 2.5 + 16000 = £25,000.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, finally your reply! 

Just an opinion I need from you, do you think I have done right withdrawing the application and re-applying as I do now meet the requirement. I am still employed and have held the savings for 9 months now which I have also added too. The savings amount I need has not declined over the last 6 months.


Do you also think judging by their reply on page 6 of this thread, that they looked at my case in full? As nothing else is mentioned apart from the savings. Sorry to keep repeating myself as I need some sort of clarification that it's definitely down to the savings which I know it is, but I am still worried as the evidence I will submit will be new, but similar to the one I submitted last time. So I would not like them to pick up on something else and hold it.


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## Joppa (Sep 7, 2009)

Yes I think so. You were correctly turned down because you didn't meet the financial requirement. While some people when submitting new evidence (not available at the time of the original application) have been successful, I wouldn't count you will be, so reapplying is the better and surer way (though you have to pay again).
As for the other point you make, the letter from HC says nothing about other evidential requirement so you can take it that it was only your savings that didn't meet the stipulation.


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## Water Dragon (Jun 28, 2011)

helpmeplz said:


> Hi Joppa, finally your reply!
> 
> Just an opinion I need from you, do you think I have done right withdrawing the application and re-applying as I do now meet the requirement. I am still employed and have held the savings for 9 months now which I have also added too. The savings amount I need has not declined over the last 6 months.
> 
> ...


If you correct the reasons you were put on hold (savings held for a minimum of 6 months), which you have, and supply all the necessary updated documents, then reapplying is the next step. You didn't meet the 6 month rule then, but do now, so you should be fine. Just follow the instructions to the letter.


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## helpmeplz (Sep 23, 2013)

Thanks for the replies guys. I have asked for the documents back via e-mail so will apply with the updated documents, made much clearer this time. 

Thanks so much again.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, I'm hoping you see this post.

We have recieved our documents back and will be applying again in a few weeks. I'm just awaiting my p60/new bank statements.

I am rather confused about a situation I am in. My circumstances haven't changed, I am still with the same employer and live at the same address. I haven't been back to see my spouse since I have been married due to work and other commitments.

I do think the ECO may look at this strangely, but I will explain it again. I will also print out the e-mail which mentioned why we are on hold, and create a document explaining how I now meet that. 

We are applying through CAT A + CAT D again. I have been with my employer for over a year now, and I do not have my p60 to work out my total income. However, going by what I have written down of my gross earnings, from May last year to April this year I have earned £13,482.22

Now what I wanted to ask is, should I only submit 6 months payslips/bankstatements?

This is the calculation I have done;

Adding my 6 months pay up (non-salaried), and dividing it by 6 (as you may recall I was payed twice in 1 month in my application due to being paid 4 weekly), this is the amount I get; £5,642.04. 

I then divide that amount by 26 weeks (weeks in 6 months) to get this figure, which is my weekly amount; £217.00

I now multiply my weekly amount by (weeks in 1 year, 52) to get my annual salary; which is £11,284.08. Although I put it down as £11,284.00

I then worked out the savings needed; so I did £18,600 - 11,284.00 which got me £7,316.00

£7,316.00 x 2.5 + £16,000.00 = £34,290.00 / to meet shortfall.

The above figures are how it stands as of this moment, and may change due to next months wages and me being paid twice next month.

Obviously, my p60 shows from april to april which is a higher amount then me working it out like above.

Secondly, my last payslip/bank statement should not be older then 28 days so I will be including the month of may too.

What do you think I should do? Go with the p60, or go by submitting 6 months. I was also thinking that should I include a full 12 months payslips/bank statements to show I have been in constant employment so It backs up my reasons why I haven't been to see my spouse?

Just to add; the only documents which will be new are my new payslips/bank statements/p60, communication logs and a letter from my parents again declaring the gift/source of money for gift. Housing report/birth certificates, photos and introductory documents will be the same - will this be ok?


Thanks.


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## Joppa (Sep 7, 2009)

You should keep to 6 months for Cat A, and 12 months for Cat B (which you also qualify for). Enclose P60 when you get it, and staple a note explaining it doesn't fully represent the income you are submitting under Cat A and the different timeframe.
Your calculations seem ok, though you can just divide your 6-month total by 6 and multiply by 12.
Other documents seem fine.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> You should keep to 6 months for Cat A, and 12 months for Cat B (which you also qualify for). Enclose P60 when you get it, and staple a note explaining it doesn't fully represent the income you are submitting under Cat A and the different timeframe.
> Your calculations seem ok, though you can just divide your 6-month total by 6 and multiply by 12.
> Other documents seem fine.


Thanks Joppa I'll do just that then to keep it simple. I'll add the note to the p60.

The reason I did my calculation as I did is because I am paid 4 weekly - so next month I will be paid twice. It just keeps things a little bit better to understand. I had no problems last time I showed this working out.

With Cat B I have to meet two requirements no? Cat b1, and cat b2, and I'm positive with one of those I cannot use savings?

I think if we apply through CAT A and D again it'll be much simpler for us. I don't want to risk CAT B and get another e-mail stating we are on hold! 

I'm certain this time we meet the requirements as the savings have been in my account longer then the 6 month period required.


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## Joppa (Sep 7, 2009)

That's true, as you made less that £14,000 and you can't use savings for past income for Cat B.
If you are paid 4-weekly, supply 28-week worth of payslips, divide by 28 and multiply by 52.


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## helpmeplz (Sep 23, 2013)

Yes I thought so! 

I may not need to apply using 7 payslips so could do the 6months workout instead of weekly, it just depends how long my p60 will take. I'm just awaiting my p60 and bank statements like I stated and then we will get an appointment to re-apply. 

Thanks for your help.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, quick question;

My wife did her A1 test in english in August 2012. I'm aware the rules changed in october 2013 regarding the A1. 

Her A1 test as far as I know is still valid till August 2014. Will she need to do the new october 2013 test or can we re-submit the original A1 test certificate documents?

Thanks.


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## Joppa (Sep 7, 2009)

For spouse visa, the existing certificate will suffice until it expires.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, 

We will be putting our application in this coming week. I don't have enough funds in my current account to pay for the fee, so I was thinking of transferring the sum from my savings.

What I wanted to ask is this;

The current amount in my savings has been that of 6 months, the amount I am relying on has been much longer. 

I am relying on £35k to meet the shortfall, the amount in the savings account is much more. 

If I transfer the amount, it will not drop below £35k, will this affect our application in anyway? Or would it only affect it, if the amount of £35k I was relying on, dropped below; for example, to £34k.

Thanks.


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## Joppa (Sep 7, 2009)

No, it doesn't. Just don't let the balance drop below the level you are relying upon.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

We will be filling the form out in the coming days. I wanted to ask a question regarding my savings, reason being, my savings have dropped £500 in the last week, this does not affect the amount I am relying on. The next time I get paid I will transfer £500 back to my savings account.

My bank sent me my statement which is still in the 28day period, I then sent this over to my wife to submit with her paperwork. This shows the amount before the £500 drop. 

Should we put the figure from the statement on, or the latest figure, but then I guess I would need to send another statement showing the figure with the £500 drop. 

Hope you can understand all that.

Any advice on this?


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## Joppa (Sep 7, 2009)

Provided the latest statement is dated no more than 28 days before the online application date, you can still submit the statement prior to the drop. Even if you have to send the next statement showing the drop, if the new balance is still at or more than the level of savings you are relying on, then it doesn't matter.


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## helpmeplz (Sep 23, 2013)

I understand that. Also thanks for clearing up that it's 28 days before the online application date, I always thought it was when you go to hand the application in at the centre. 

What I want to know is, should we write on the form the balance shown on the statement prior to the £500 drop as we will be submitting that. Or should I go by what the balance is now (with the £500 drop), even though neither should affect our application, as it's a lot more then what we are relying on.

I'm just worried if the officer asks for an up to date statement at the time of application, it will show the £500 drop, and they may refuse on the basis that we put the incorrect amount in when the application was filled in online. Even though I have more than the amount which I am relying upon.


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## Joppa (Sep 7, 2009)

Don't worry about all that. Just enter the balance you are relying on and they can see it has never dropped below that level.


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## QBOY1 (Nov 29, 2013)

Hi Joppa, I wanted to ask you that as I have been with the same employer only for 7 months continuously, before then I did agency work and didn't earn much, however my p60 came in and shows ive earned 11000 in 6 months of this current job and 2000 plus over the course of last job I had. My question is in the explanatory note I staple the p60 too what do I say? because I am in a salary job and earn above the financial requirement but as I have started the job only 7 months ago the p60 only reflects the 6 months plus the few months of last year. total didn't add up to 18600, however my salary income from my current job is 24k. PLEASE HELP ME.. you been fantastic.


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## OrganisedChaos (Mar 26, 2013)

Just state that the p60 does not reflect your current annual salary as you have only been in that job 7 months.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Don't worry about all that. Just enter the balance you are relying on and they can see it has never dropped below that level.


Hi Joppa,

I entered the balance on the document regarding my pay, and what I am relying on to sponsor my spouse and meet the £18,600 requirement.

I cannot find the box to enter it on the VAFA2 financial requirement form. It only says the savings I have, and then the total amount of money in my account. I'll just put £500 less in the total to show I have used some money, that should be ok in my opinion.

QBOY1 - do as organised chaos stated. Just attach a note saying that the p60 doesn't show the full amount which you are relying on. Explain why and it should be ok. My p60 shows more then what I am relying upon. I stated that in a document, and said the reason for this was because it shows the full years earnings, and I am applying with 6 months x 2 = which shows less.


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## QBOY1 (Nov 29, 2013)

Thank you organised chaos and helpmeplz I appreciate it. so what I will do is staple the p60 onto a written page stating that the money shown on this year p60 does not reflect my financial situation as I have only been employed with this employer for the past 7 months. therefore if the entry clearance officer can look into my pay slips and my contract and also letter from my employer as it is clearly written my annual salary of 24k in my current job.


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## helpmeplz (Sep 23, 2013)

Yes that's what I would do. However, is your monthly income before tax at £1550, or more? If so then I don't think you will have any problems.


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## QBOY1 (Nov 29, 2013)

thanks helpmeplz, ye my monthly income before tax is about 2000 for the past 6 months and maybe once 1900 but never less then 1550. because if its before tax then I would be okay as AFTER TAX in hand I get about 1550 or 1600. so hopefully that's all they see and not the outgoings etc coz I do have an overdraft but Joppa already given me advice that under new rules it shouldn't matter that much as long as you are earning above 18600...its such a long process mrs just given her a1 test etc in Pakistan.


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## helpmeplz (Sep 23, 2013)

Hi Joppa, I'm hoping you see this so I can get a swift reply.

On Appendix 2, question: 3.75 H of the cash savings. It asks the amount of savings in the account at the time of application. Now, should I put the amount prior to the £500 drop, or the amount after the £500 drop. My wife will be submitting her case on Friday, and it's on Friday which I get paid so I will be transferring the funds over back to my savings account, the amount will be the same as it states on the last bank statement which we are also submitting.

The appendix 2 form will be printed out and submitted by hand. What are your thoughts on this? I just don't want the ECO saying we submitted the incorrect amount and thus rejecting us on that basis, and putting any doubt in their mind about the whole application.


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## Joppa (Sep 7, 2009)

Depends on whether your most recent bank statement shows the £500 drop.


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## helpmeplz (Sep 23, 2013)

Joppa, the most recent bank statement which we are submitting does not show the £500 drop. So I assume we should enter the amount which is shown on the bank statement?

And also, question 3.11 "What is your sponsors annual income from this employment before tax", because I am on non-salaried employment should I double my 6 months pay and enter that amount because I am going to use that amount. Or is it safe for me to use use the pay which is shown on my last p60 (2013/2014), which is around £2k more.


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## helpmeplz (Sep 23, 2013)

Any idea?


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## Joppa (Sep 7, 2009)

Don't mention anything that's not shown on statement.
Just average your pay.
Why do you keep asking the same question?


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## helpmeplz (Sep 23, 2013)

Joppa said:


> Don't mention anything that's not shown on statement.
> Just average your pay.
> Why do you keep asking the same question?


Sorry Joppa. The reason I asked the same question is because I just don't want them putting us on hold again. I'm being overly cautious which I think is right to do. Sorry for being annoying in that sense.

By average your pay do you mean putting my monthly average down, or doubling my 6 months figure to get the annual? I'm confused by this.


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## Joppa (Sep 7, 2009)

Average over 6 months and double. While I understand your anxiety, keeping asking the same question when I've already answered it smacks of doubting my knowledge.


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## helpmeplz (Sep 23, 2013)

That's fine then Joppa. I didn't mean to offend you. Seems like everything is fine now, it's just I would not like any doubts in the ECO's mind. I want everything to be clear as day so they can grant my spouse a visa without any hiccups.


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## Joppa (Sep 7, 2009)

There is no 100% sure way of applying. There's always an element of gamble, wishful thinking and crossing your fingers. There is also a variation among ECOs and visa hubs.


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## xabiaxica (Jun 23, 2009)

helpmeplz said:


> That's fine then Joppa. I didn't mean to offend you. Seems like everything is fine now, it's just I would not like any doubts in the ECO's mind. I want everything to be clear as day so they can grant my spouse a visa without any hiccups.


I'm sure no-one is offended

ask as often as you feel you need to (although that doesn't necessarily mean that you'll get a different answer)

none of us here are professional immigration advisors - that's not what the forum is about

maybe someone will be in a similar or the same situation as you & be able to help in some way , even if only to give you emotional support

good luck


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## helpmeplz (Sep 23, 2013)

Joppa, my wife put her application in today. There seems to be a bit of a worry now. I had sent all the documents, in regards to my parents gifting me the savings. I have provided all the bank-statements, and scan of the cheque receipts from the cheque-book used. I also listed in the documents the corresponding cheques and bank-statement numbers so the ECO can use this as a reference to find the documents in question.

Now, at the end of the document they had stated about a receipt for transfer of some money to myself. This receipt was attached to the declaration, some how it has come off and not been handed in with the application. The receipt showed the transfer of some money, bearing in mind, all their statements, my statements show the transfers in full and completing in full.

Could this cause a rejection of my wife's application? Reason being they have stated attaching the receipt, which in the end, is not there. Although, everything else corresponds with what they have said. And there is proof the money has been transferred over and has been in my account.

Sorry for the long post, just a issue which has propped up and I wish hadn't! :smow:


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## Joppa (Sep 7, 2009)

Well, you can only wait and see. Usually just one missing document doesn't result in refusal and they may overlook/process your application without it, or they may contact you and ask you to submit later, so hang on to it.


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## helpmeplz (Sep 23, 2013)

Yes, I guess that is what we will have to do. It's a really small receipt I'm surprised it became loose from the staple. I'm hoping they will not question it, as all the other proof is there. This receipt was just to keep for the transfer of money being carried out. Praying for good news now, whenever we receive it.


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## helpmeplz (Sep 23, 2013)

Well guess what? It turns out they had attached a copy of the receipt to the letter and kept the original. Not sure why, but it explains why it had come loose. At least I can sleep well tonight.


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## helpmeplz (Sep 23, 2013)

Hi Joppa,

My wife received an auto-email today, stating that her application has been despatched to the UKVI Decision making centre, in Mirpur, Pakistan. I thought decisions were made in Islamabad, has this been changed now?


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## Joppa (Sep 7, 2009)

May have.


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## QBOY1 (Nov 29, 2013)

Helpmeplz it would be interesting to know the turnaround time of this new ukvi decision making centre in mirpur. I hope to follow your case closely as I will be applying around this month too and want to know if its true what people are saying that the turnaround time since March are within a month. lets hope for the best for you IA. please do let us know.


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## helpmeplz (Sep 23, 2013)

I thought I'd update this. 

We re-applied the 2nd time on the 30th of May 2014. This is the date when we submitted our documents at Gerrys, Mirpur.

On the 2nd of June 2014 my wife was e-mailed that her documents had been sent to the UKVI decision making centre, Mirpur.

On the 4th of June 2014, UKVI replied back to our enquiry if our application had been looked at. They said there was no record of the application at the moment. Possibly because their systems hadn't been updated.

Today, 16th of June 2014, UKVI replied back to our enquiry that the application has been looked at by an ECO, but no decision has been made, pending further enquiries.

Joppa, how likely is it that they're double checking everything again, considering our application is pretty much the same. We haven't changed in circumstances, we have met the criteria they are asking for CAT A + CAT D. 

Could they be checking HMRC, Employment, etc all over again?


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## QBOY1 (Nov 29, 2013)

I believe looking at some people I know and other people who have received there visa, this is very good news in terms of that its been looked at and now that they have the new faster application system this proves that. Thanks for the update and god willing you hear positive news soon. your updates been helpful because I will be applying from mirpur too


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## QBOY1 (Nov 29, 2013)

I wanted to know when sending the bank statement do u send all sheets which are given or the one which shows the salary going in. This is because I have like 4 sheets for one banking month and rather send all can I send the one that corresponds with my payslip or do I have to send all?


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## helpmeplz (Sep 23, 2013)

QBOY1 said:


> I wanted to know when sending the bank statement do u send all sheets which are given or the one which shows the salary going in. This is because I have like 4 sheets for one banking month and rather send all can I send the one that corresponds with my payslip or do I have to send all?


Send for the whole month. So you have 6 months bank statements if applying with CAT A. And 12 months if you are applying with CAT B. 

Make sure no bank statement sheet is missing for any of the months, which you are submitting. 

An update: Haven't heard anything yet apart from that the ECO has seen my wifes application, and that further checks are being carried out. I'm hoping it's good news, it's rather agitating knowing that the application has been seen, yet a decision cannot be made there and then about it.


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## Joppa (Sep 7, 2009)

After a refusal, they always take time in reviewing your situation, including reading up previous applications and perhaps conducting background checks.


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## helpmeplz (Sep 23, 2013)

Thanks for the reply Joppa. Would a decision of 'hold' still be classed as a refusal? I would have thought it isn't as the only reason for hold was because of not meeting the financial requirement. 

I say this because when it asks in the application for if my wife was refused for a visa before, we stated no. Now looking back at our letter, it does say 'your application fails to be refused solely because you do not meet the financial requirement.'

These two questions we answered no on.

Have you been refused entry to the UK in the last 10 years
(for example at a UK airport or seaport)?

Have you been refused a visa for any country including the UK in the last 10 years?

Did we do them incorrectly, or right?

I had my documents checked by my family member who is a solicitor and he advised that it was put on hold and not refused. He said because it mentions your application has been put on hold, technically, it hasn't been refused. Not sure what to think now as it can go either way right?

Another reason for me thinking it isn't a refusal is because of this paragraph; "Any additional documents received within this timeframe will be considered by an Entry Clearance Officer. If, on the basis of this further information it is determined that your application meets the requirements of the Immigration Rules, a visa will be issued. However if it is determined that your application still does not meet the requirements of the Immigration Rules, your case will remain paused until the outcome of the appeal is known. Your application may be refused if other grounds come to light which were not applicable at the time of the initial decision."

So in essence, it is saying it still could have been refused if other grounds come to light etc for our previous application. So it hasn't been refused because we could have submitted extra documentation to support the application within the 3 week time-frame given. In my opinion a refusal would have been a straight forward refusal where you could not send extra documents etc to support the application.

We then withdrew the application and re-applied. 

Will this have now caused a problem for our new application because of saying we weren't refused the first time round?


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## helpmeplz (Sep 23, 2013)

Forgot to mention, we also added the print out of the e-mail explaining why my wifes visa was on hold and the withdrawal form we sent. Not sure if that adds any help to the situation that we may be in now. Also in our introduction letters we mentioned that the previous application for the spouse visa was on hold, and the reason for re-applying is because we now meet the financial requirement which we didn't in our first application. So we did give them the truth.


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## Joppa (Sep 7, 2009)

You should have answered Yes about refused visa, because you did fail to meet the requirement and only the technicality of the appeal being in process prevented an outright rejection. You didn't get your visa, did you?
But since you did explain why you were put on hold so you are probably ok.


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## helpmeplz (Sep 23, 2013)

Joppa said:


> You should have answered Yes about refused visa, because you did fail to meet the requirement and only the technicality of the appeal being in process prevented an outright rejection. You didn't get your visa, did you?
> But since you did explain why you were put on hold so you are probably ok.


I see. Yes we attached the letter stating my wife's previous application on hold to the new application. So the ECO should be aware that it's a mistake on the form on our part.

Could this cause an issue for refusal, if we hadn't supplied the letter?

Thank you again for the replies.


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## helpmeplz (Sep 23, 2013)

Joppa, out of interest what do you think would be a reasonable time-scale from reviewing an application (conducting further enquiries) to be given a decision on the application. I know they say 12 to 24 weeks. But surely, it can't take longer then that to enquire further?

Do you know when they do enquire further, is it just a matter of a phone call, or is it written communication?

I'm just interested to know.


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## Joppa (Sep 7, 2009)

Can't tell. They often contact people like tax office to get your tax affairs and compare with the information you have supplied. As it can take a while for tax authorities to furnish with figures, that's a couple of weeks gone. While they wait for reply, they put your files aside and deal with other cases, only to resume when they have response.


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## helpmeplz (Sep 23, 2013)

I see. I really appreciate your replies. It helps to understand how the whole process works, even behind the scenes.


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## helpmeplz (Sep 23, 2013)

Just thought I'd update this again if any of you are wondering what the situation is like at the moment.

They are still conducting further enquiries. It's been 51 working days so far. Still hoping we get some good news soon!


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## helpmeplz (Sep 23, 2013)

Update: My wife received an e-mail today informing her, that her application has been processed and will be sent back to the courier partner she used. 

Praying it's good news.


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## helpmeplz (Sep 23, 2013)

Visa granted!


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