# UK Settlement visa



## dharmendra9m (Sep 2, 2016)

Hi.

Hi can any one explain the below ECM words to me 

ECM Appeal Review 


The Entry Clearance Officer (ECO) had no evidence of ongoing contact between the applicant and the sponsor to corroborate the claimed relationship. With the appeal bundle the applicant has sent is a significant amount of evidence of correspondence between himself and the sponsor.The correspondence on Facebook appears to date back to 2014. Had this evidence been seen by the ECO at the time of the initial decision than I believe the outcome would have been different and the relationship requirements met.

The ECO was not satisfied that the case met the Financial Requirements of Appendix FM. Specifically that the employment letter from the sponsor's employer did not contain the mandatory requirements, No further evidence has been submitted to cover this and therefore the ECOs concerns have not been addressed.

I have considered the appellant's rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the lmmigration Rules are deemed to be compliant with human rights legislation. I am not satisfied that the appellant has a family life with the sponsor. As this is the case, Article 8(1) does not apply to the appellant. However, if the appellant does
have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to India to be with the appellant. I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.

I have also considered whether the particular circumstance set out in the appeal constitute exceptional l circumstance which consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the lmmigration Rules. Following a thorough assessment of the appeal I am satisfied that there is no basis for such a claim.

Thank


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## londoner007 (Feb 13, 2017)

The ECM has not changed the overall refusal decision of the ECO. He only changed the relationship requirement to satisfied.


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## dharmendra9m (Sep 2, 2016)

Hi londoner007

Thanks for reply can you give my format for "employment letter from the sponsor's employee" which is Acceptable by UKVI . 

Also can you advise me further step


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## londoner007 (Feb 13, 2017)

Look at Appendix FM to see list of what they want in regards to employment letter. I.e letter in company headed paper with confirmation of your start date, salary, role etc. However, it does state that you did not meet financial requirement, "Especially" employment letter.

What category and evidence did you submit with your application? Also how did you meet the financial requirement?

I am sure if an ECM has not changed the refusal only way forward is to Appeal to tribunal or make a new application which addresses anything you missed out.


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## dharmendra9m (Sep 2, 2016)

I could not get your words "Appeal to tribunal or make a new application which addresses anything you missed out."

I already Lodge appeal at tribunal before 6 month ago after that i got notification (which posted my earlier post )


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## dharmendra9m (Sep 2, 2016)

I Applied in Settlement / Spouse category I Submitted following document for "financial requirement"

1.Sponsor bank statement(6 month)

2. Wage Slip (weekly , 6 month)

3. Letter of Employment form(which mentioned all about of employer detail)
4. Employment Contract from 
5. p 60 
6. Evidence of Accommodations


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## dharmendra9m (Sep 2, 2016)

I follows these rules for Financial requirement meet 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

If i apply with new application they may be raise any other reason of refusal . and getting hearing date take long time . do u have any idea to get hearing date fast.

thanks


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## londoner007 (Feb 13, 2017)

What I meant was it will now go to a Tribunal; you can either wait for the tribunal hearing or you can make new application which address and fixes anything you think may have been missed on your first application. You have to weight out if its worth new application or if case strong enough to win.

Just providing 6 months payslip does not mean you have met financial requirement. What category (I presume CAT A) did you apply, and what is your salary?

It looks like they were not satisfied with all the financial stuff you submitted, maybe their error or maybe there is error from you.

Best to get proper advise of a solicitor about your issue and what is the best way forward.


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## j4v3d (Feb 12, 2017)

Looks like you need some legal advice before proceeding any further. Good luck in whatever you decide.


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## dharmendra9m (Sep 2, 2016)

Hi,

a lot of thanks 

Solicitor is with me since i Applied and annual income is £22,096.38 with saving of £19,230.38 (Approx ). all work are done by solicitor also She is Surprised with embassy decision .


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## dharmendra9m (Sep 2, 2016)

Hi thanks,

my case is handle by a Solicitor , me and Solicitor are surprised . we followed UKVI rules for UK Settlement visa and provided every listed documents as per UKVI.


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## Crawford (Jan 23, 2011)

In the appeal decision it states:

The ECO was not satisfied that the case met the Financial Requirements of Appendix FM. Specifically that the employment letter from the sponsor's employer did not contain the mandatory requirements, No further evidence has been submitted to cover this and therefore the ECOs concerns have not been addressed.

Why were the concerns of the employment letter not addressed?

What did the initial employer letter sent in with the application contain?


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## dharmendra9m (Sep 2, 2016)

*UK Settlement visa Appeal*

Hi every one ,

Can any one provide me sample of Employment Letter and contract letter which is required for UK Settlement/ Spouse Visa Application and will be acceptable By UKVI

Thanks


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## dharmendra9m (Sep 2, 2016)

Hi every one ,


Can any one have idea for Time phase to get hearing date for Settlement appeal and Can any one provide me sample of Employment Letter and contract letter which is required for UK Settlement/ Spouse Visa Application and will be acceptable By UKVI

Thanks


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## Joppa (Sep 7, 2009)

> (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
> (i) the person's employment and gross annual salary; (ii) the length of their employment; (iii) the period over which they have been or were paid the level of salary relied upon in the application; and (iv) the type of employment (permanent, fixed-term contract or agency).


https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf Page 35
What do you mean by contract letter?


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> https://www.gov.uk/government/uploa...708/Appendix_FM_1_7_Financial_Requirement.pdf Page 35
> What do you mean by contract letter?


Hi Joppa

Sorry for my wrong words i was asking about Employee Letter. I submitted 2 Document for as a evidence .

Letter of Employment form(which mentioned all about of employer detail

Employment Contract letter ( signed contract of employment )



thanks


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## Crawford (Jan 23, 2011)

An employment letter is one which is written on the company's headed paper and gives details of the employees job, salary, time of service, type of employment etc etc.

It's signed by either a manager, HR or the owner of the company.


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## dharmendra9m (Sep 2, 2016)

Crawford said:


> An employment letter is one which is written on the company's headed paper and gives details of the employees job, salary, time of service, type of employment etc etc.
> 
> It's signed by either a manager, HR or the owner of the company.


Hi Crawford ,

Thankd for reply i submitted Employer letter including all desire information As per UKVI and as mentioned by you with Signed by employer (Fully Signed ny Employer). because Employer is Not a Organization or company , that's why letter was not printed in Letter head . 

Is letter head is required for UKVI

Thanks


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## clever-octopus (May 17, 2015)

If your employer is not an organisation/company, how are you employed there? Are they just an individual? It needs to be a registered company. Letterhead is not listed as a requirement but full contact details for the employer should be provided, otherwise it will be in doubt that the business is legitimate


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## Joppa (Sep 7, 2009)

clever-octopus said:


> If your employer is not an organisation/company, how are you employed there? Are they just an individual? It needs to be a registered company. Letterhead is not listed as a requirement but full contact details for the employer should be provided, otherwise it will be in doubt that the business is legitimate


There is no such requirement about employer being a registered company. He can be hired privately, by an individual, provided it's done officially with proper paperwork. In case of a private employer, endorsement by their accountant may be useful.


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## clever-octopus (May 17, 2015)

Wouldn't that make him 'self employed'? (Just curious, I must have been mistaken)


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## Joppa (Sep 7, 2009)

Not necessarily. To be self-employed, you need to register with HMRC as self-employed and be subject to Class 2 and possibly Class 4 NI contributions, and complete self-assessment tax return. If you are on PAYE and have a contract (verbal or written), you are employed.


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## dharmendra9m (Sep 2, 2016)

clever-octopus said:


> Wouldn't that make him 'self employed'? (Just curious, I must have been mistaken)


Hi,

Thanks for reply


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Not necessarily. To be self-employed, you need to register with HMRC as self-employed and be subject to Class 2 and possibly Class 4 NI contributions, and complete self-assessment tax return. If you are on PAYE and have a contract (verbal or written), you are employed.


Hi Joppa 

can you please advise for Employer Letter here are document which i submitted and British embassy refused 


EMPLOYER LETTER 
Employer Address(UK) 



British High Commission
INDIA
Date-DD/MM/YYYY
Dear Sirs,

RE: EMPLOYEE NAME – date of Birth: 


I confirm that the above-named has been employed in our household on a full-time basis since 01/01/2014 as a (Designation)

The position is permanent and her gross annual salary is £ 23,834. And weekly salary is £ 350
.EMPLOYEE (MS ABC ) is also provided with free food and accommodation as part of her employment and has a double room for her exclusive use.

I understand that (MS ABC )is hoping for her husband to join her in the United Kingdom in the near future. I confirm that I am happy for him to live at our address for as long as ( MS ABC)employment with us continues. Adequate exclusive accommodation is also available for their use. 

(MS ABC )employed on a full-time permanent basis and her employment is likely to continue in the future. 

Please do not hesitate to contact us if you have any further enquiries. 
Yours faithfully

(Employer Name and Sign )


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## Joppa (Sep 7, 2009)

Why were you reused? Have you told us what they wrote to you stating the reasons for refusal?


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Why were you reused? Have you told us what they wrote to you stating the reasons for refusal?


Hi Joppa 

Thanks for reply 

i told you reason of refusal in my Previous Thread/ Comment


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## Joppa (Sep 7, 2009)

Reproduce it here.


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Reproduce it here.



Hi Joppa 

Thanks for reply 

i told you reason of refusal in my Previous Thread/ Comment but i can tell you again about my Settlement Visa Application 

after refual i just Applied for Appeal with the help of Solicitor , But ECM did not overturn his/her decision for Refusal. My application was refused with following reason.

1. your marriage is not genuine (we submitted marriage certificate, wedding photos, travel document and all document describe by UKVI )

2. Financial requirement do not meet (we submitted bank statement, wage slip, saving proof , p 60 for 6 month, employee contract, and other document).

It seem that ECO just ignore document initially but after Appeal now they are satisfied with marriage but now they have issue with Financial requirement

and here is the reason mentioned by ECM after Appeal review 

"The ECO was not satisfied that the case met the Financial Requirements of Appendix FM.
Specifically that the employment letter from the sponsor's employer did not contain the
mandatory requirements, No further evidence has been submitted to cover this and
therefore the ECOs concerns have not been addressed."

ECM have issue with employment letter but i want to tell you that we fulfill all the financial requirement as per UKVI 

We Submitted all valid document as a evidence of financial requirement i am listing document here 

1. wage slip (weekly wage slip and employee & employer name was mentioned )

2. P 60 form 

3. Bank Statement ( 6 month )

4 Employment letter 

5. Employment Contract letter 

in appeal we resubmit there document with following Appeal words 

"4.The application has also been refused because the Entry Clearance officer did not consider that the specified evidence had been provided to show that the financial requirement was satisfied. This again is incorrect. The Sponsor had been in her current employment for more than six months. Her wage slips and bank statements were therefore, provided for a six-month period showing the income received. The letter from her employer also contained all the relevant information. It confirmed the Sponsor’s position, the start date of the employment, her current annual salary and the fact that it was a permanent position. The Entry Clearance Officer is referred to Paragraph 5.3.1 of Appendix FM of the Immigration rules. This provides that “where the applicant’s partner 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 the lowest level in those 6 months) towards the financial requirement”. An examination of the relevant documents would have shown that the lowest weekly figure that the Sponsor was paid during the relevant 26-week period was £424.94. This in itself would have produced an annual income of £22,096.38. The Sponsor’s weekly pay, however, increased during some weeks and this is why her annual income equated to be over £23,000.00. "

"5.The Entry Clearance Officer is also referred to Paragraph 5.2 of Appendix FM of the Immigration rules. This provides that where specified documents have not been provided the applicant or representative should be contacted in writing and a request made for them to be submitted within a reasonable timeframe. The Entry Clearance Officer should have afforded the Appellant time to produce any further documents which were considered essential in determining the level of the Sponsor’s earnings. The Entry Clearance Officer has acted harshly in refusing the application outright and in not affording the Appellants the opportunity to address any outstanding issues. The reasoning in the decision of Sultana and Others (rules: waiver/further enquiry; discretion) [2014] UKUT 540 (IAC) should have been followed. The employer would have been happy to verify the information contained in the employment letter, if requested. "

we have nothing more then document to submitted to Proof for Financial requirement 

I request your please advise me


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## Joppa (Sep 7, 2009)

Why does ECO say that your documents don't meet the financial requirement? It's not clear at all, not specific enough.


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Why does ECO say that your documents don't meet the financial requirement? It's not clear at all, not specific enough.


with Initial Application ECO told that you did not show any document to prove your marriage ,there are no greeting card, gift etc .

as a proof we submitted wedding card, marriage certificate , wedding photos , our phone call log, what app log, travel ticket, face book , Skype call log , gift invoice visa Amazon uk . 

and all required document for financial requirement 

ECO just ignore our evidence at first time after appeal ECM was satisfied with our marriage but now he have issue with Financial requirement specially "Employment letter "

As you know Applicant is stand on ECO/ECM shoes during Visa Application ,

now current status is we couple are unable to live together due to visa refusal and are wating for next process from Tribunal .

if we apply for fresh application ECO may be a lot of reason to refuse again so we decidedto go for hearing .

I am here (this forum ) to get some valuable advise from people like you 

thanks


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## Joppa (Sep 7, 2009)

Again ECO isn't specific enough how the letter of employment doesn't satisfy the financial requirement. Or have they told you but you haven't told us?


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Again ECO isn't specific enough how the letter of employment doesn't satisfy the financial requirement. Or have they told you but you haven't told us?


ECO/ ECM did not mentioned that why letter of employment doesn't satisfy the financial requirement.

ECO/ECM wrote only these words

"The ECO was not satisfied that the case met the Financial Requirements of Appendix FM.
Specifically that the employment letter from the sponsor's employer did not contain the
mandatory requirements, No further evidence has been submitted to cover this and
therefore the ECOs concerns have not been addressed."


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## dharmendra9m (Sep 2, 2016)

dharmendra9m said:


> ECO/ ECM did not mentioned that why letter of employment doesn't satisfy the financial requirement.
> 
> ECO/ECM wrote only these words
> 
> ...


Hi joppa listed the ECM words please adviese me


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## Joppa (Sep 7, 2009)

Did your employment letter contain all the required information?


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Did your employment letter contain all the required information?


yes joppa in employment letter all required information was mentioned


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## nyclon (Apr 3, 2011)

dharmendra9m said:


> Hi Joppa
> 
> can you please advise for Employer Letter here are document which i submitted and British embassy refused
> 
> ...


This what the letter of employment is supposed to contain:

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming: 

(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).


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## clever-octopus (May 17, 2015)

Dharmendra9m, would it be possible for you to reproduce the full text of the employer's letter here (with names and confidential information removed)? Normally the ECO is careful to be very specific about the refusal reason, but in this case the refusal letter is vague about what information is missing.


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## dharmendra9m (Sep 2, 2016)

nyclon said:


> This what the letter of employment is supposed to contain:
> 
> (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
> 
> ...


Hi Joppa 

employment letter which i submitted to Embassy contain all information (Issued by employer) which you explained

(i) the person's employment and gross annual salary;--- mentioned 
(iii) the period over which they have been or were paid the level of salary relied upon in the application; mentioned 
(iv) the type of employment (permanent, fixed-term contract or agency). mentioned


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## clever-octopus (May 17, 2015)

Did the letter state when you started, or how long you've been employed there?


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## dharmendra9m (Sep 2, 2016)

clever-octopus said:


> Did the letter state when you started, or how long you've been employed there?


yes Joppa 

here are the line which was mentioned in employment letter

I confirm that the above-named has been employed in our household on a full-time basis since 01/01/2014 as a (Designation) to Current date


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## nyclon (Apr 3, 2011)

Clever, her letter is in the quote box in my post.

Dharmendra, we are not all Joppa.


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## dharmendra9m (Sep 2, 2016)

nyclon said:


> Clever, her letter is in the quote box in my post.
> 
> Dharmendra, we are not all Joppa.


Hi, 

I am sorry for my blunder actually, i could not notice that i am getting comments with Different people/ members


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## nyclon (Apr 3, 2011)

Your numbers don't add up. £350/week is £18,200/year.


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## dharmendra9m (Sep 2, 2016)

nyclon said:


> Your numbers don't add up. £350/week is £18,200/year.


Sorry i could not get your words


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## shah1 (Apr 20, 2017)

dharmendra9m said:


> Sorry i could not get your words


£350 * 52 weeks is £18,200 per annum, which is less then the required £18,600.


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## dharmendra9m (Sep 2, 2016)

shah1;1236878
5 said:


> £350 * 52 weeks is £18,200 per annum, which is less then the required £18,600.


embassy have no issue with earning here is earning deviation 

4. An examination of the relevant documents would have shown that the lowest weekly figure that the Sponsor was paid during the relevant 26-week period was £424.94. This in itself would have produced an annual income of £22,096.38. The Sponsor’s weekly pay, however, increased during some weeks and this is why her annual income equated to be over £23,000.00. 

they have issue with employment letter and i cant able to know what is the issue in employment letter
thats why i am here


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## Freddyboy1957 (Jan 16, 2017)

dharmendra9m said:


> Hi Joppa
> 
> can you please advise for Employer Letter here are document which i submitted and British embassy refused
> 
> ...


so is this the reason for the refusal then, because the figures quoted for Annual and Weekly salary do not correspond - viz £350 per week does not equate to £23834 annual. Might be enough of a discrepancy for an ECO to refuse it - if it was me I would omit the Weekly salary from the letter completely and just state the annual


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## nyclon (Apr 3, 2011)

Freddyboy1957 said:


> so is this the reason for the refusal then, because the figures quoted for Annual and Weekly salary do not correspond - viz £350 per week does not equate to £23834 annual. Might be enough of a discrepancy for an ECO to refuse it - if it was me I would omit the Weekly salary from the letter completely and just state the annual



This is what's I was thinking. The figures on your employment letter don't match your pay slips.


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## dharmendra9m (Sep 2, 2016)

Freddyboy1957 said:


> so is this the reason for the refusal then, because the figures quoted for Annual and Weekly salary do not correspond - viz £350 per week does not equate to £23834 annual. Might be enough of a discrepancy for an ECO to refuse it - if it was me I would omit the Weekly salary from the letter completely and just state the annual


Hi 

weekly salary is £350 without tax and annual salary is £ 23,834 after tax


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## Freddyboy1957 (Jan 16, 2017)

dharmendra9m said:


> Hi
> 
> weekly salary is £350 without tax and annual salary is £ 23,834 after tax


but it does not say that in the letter. The ECO has obviously taken the lower figure quoted and on that basis the weekly salary given does not meet the requirement.

You may be able to argue the point at a tribunal, but no guarantee you will win as the employment letter throws up too much uncertainty.

Why on earth did you decide to state both an annual and a weekly salary - and why state one as gross and the other as net, it's asking for trouble in my opinion and the directions all say that the gross figure is the one required.

If I was you, I would get the employment letter changed to show the annual gross salary ONLY


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## dharmendra9m (Sep 2, 2016)

nyclon said:


> This is what's I was thinking. The figures on your employment letter don't match your pay slips.


Salary calculation is done my our solicitor. £23834 is gross annual salary. And £350 is net paid weekly salary


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## dharmendra9m (Sep 2, 2016)

dharmendra9m said:


> Salary calculation is done my our solicitor. £23834 is gross annual salary. And £350 is net paid weekly salary



as per £350 per week, it should be 350* 52=18,200 yearly and £23834 is actual gross salary


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## WestCoastCanadianGirl (Mar 17, 2012)

dharmendra9m said:


> as per £350 per week, it should be 350* 52=18,200 yearly and £23834 is actual gross salary


You should have had the _gross_ weekly pay listed instead of net, as it's the gross that UKVI is interested in, not net.

Barring that, the employment letter should have specified the same - too much unnecessary detail has caused you unnecessary time and aggravation and, potentially, a second visa application fee.


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## dharmendra9m (Sep 2, 2016)

WestCoastCanadianGirl said:


> You should have had the _gross_ weekly pay listed instead of net, as it's the gross that UKVI is interested in, not net.
> 
> Barring that, the employment letter should have specified the same - too much unnecessary detail has caused you unnecessary time and aggravation and, potentially, a second visa application fee.


Thanks for reply 

we submitted Employment letter as per UKVI rule (work done my British reputed Solicitor). I am worried about ECM decision because he said "there are not mandatory information in employment letter " and we submitted all listed information.

I am requesting to forum members please advise me. Me and my wife are living in different countries after marriage


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## Joppa (Sep 7, 2009)

Re-apply, this time submitting an employment letter stating gross pay. And don't use the same solicitor - just do it yourself.


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## dharmendra9m (Sep 2, 2016)

Joppa said:


> Re-apply, this time submitting an employment letter stating gross pay. And don't use the same solicitor - just do it yourself.


Thanks, Joppa gross pay was mentioned in Employment letter 

if we reapply ECO/ECM may create a lot of reason of refusal in my initial application ECO did not saw evidence properly I am from India and I applied From India but In refusal letter, ECO said "It Seem this type of arrange marriage don't hold in Bangladesh ". I am surprised how can an ECO do this type of mistake.

ECO ignored all document which i provided (wedding photos, facebook snapshot, Gmail log skype WhatsApp, phone log etc ) . ECO said there is no letter, greeting card which you exchange.

Joppa is this justify who send letter, greeting card in 21st century.


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