# spouse visa appeal help



## Americangirl1 (Jan 19, 2013)

My spouse visa application has been denied and I'm looking for some advice on how to proceed
Here are the details:
I'm a US citizen, My husbands British.
the denial states I did not provide evidence of my husband's income, though payslips showing he exceeds the 18,600 requirement were included in my application.
I submitted my application in October 2012 and received the denial today.

what processing times should I expect with an appeal?
is it better to appeal or submit a new application?
can I travellensburg to the UK as a visitor while my appeal is in process?
if I do travel during the appeal, am I required to return to the US if my visa is granted?

Thanks in advance for your help!


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## nyclon (Apr 3, 2011)

It would be helpful to know the exact wording of your denial.


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## 2farapart (Aug 18, 2011)

And also what category (for financial support) you applied under.


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## Americangirl1 (Jan 19, 2013)

First, I just realized the massive auto correct on my subject! It's clearly my spouse VISA not visual.

The letter states (I've x-ed out all the personal info):
From the evidence provided your sponsor is currently employed with XXX with a gross income of XXX (over the required 18,600). As your sponsor has not been employed fo a period of 6 months with his current employer [WHICH HE HAS, BY THE WAY, AND ALL EVIDENCE SUPPLIED SHOWED THAT], he must have received in the 12 months prior to your application the level of income required to meet the financial requirement (18,600). You state your sponsor was previously employed from 10/1/2011 through 10/9/2012 and had a gross annual income of XXX (above 18,600). However, you have not provided the 12 months payslips, employment letter, and/or employment contract, or bank statements corresponding to the same period of pay as evidence of your sponsor's gross income from their previous employment. These documents are specified in our guidance and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules (E-ECP.3.1)


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## Americangirl1 (Jan 19, 2013)

I applied as a spouse under the settlement category. The financial requirement is 18,600 gross annual income from my sponsor/spouse. His income exceeds that requirement.


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## 2farapart (Aug 18, 2011)

Americangirl1 said:


> I applied as a spouse under the settlement category. The financial requirement is 18,600 gross annual income from my sponsor/spouse. His income exceeds that requirement.


Can you remember whether you applied under Category A or B? If Category A, was EVERY pay-slip showing £1,550 or greater before tax in the 6-month period you provided and did he work for that one employer for the full 6-month period?


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## Americangirl1 (Jan 19, 2013)

Honestly, I don't ever remember there being an option between A or B.


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## 2farapart (Aug 18, 2011)

Americangirl1 said:


> Honestly, I don't ever remember there being an option between A or B.


This unfortunately is pivotal. If you applied under Category A and any one of the pay-slips was less than £1,550 (for example: due to a period of holiday or sickness), then that would cause an immediate failure because Category A uses your husband 's pay at its lowest point (as if this is what he earned every week or month). 

Likewise, if he has worked for his current employer for less than 6 months (at the point you applied), this too would cause a refusal. These are all just suggestions because it DOES depend on the category used.

It's possible that you might be able to view your original application online still (my partner was able to for a few weeks after). If so, you should be able to find out what category you ticked.


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## Americangirl1 (Jan 19, 2013)

He's been employed with his current employer for over 2 years. He was promoted in September, but is in the same company.
I'll check the payslips... prior to his September 2012 promotion he was earning 18k base with commission bonuses that took him over 19k. It hardly seems right that they'd have an annual gross if they're actually looking at individual paychecks!
Considering it's been 5 months since his promotion, would it be better to appeal this application or wait another month and then reapply (when he's been in his current role 6 full months)??
Thanks SO much for your help!!!


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## 2farapart (Aug 18, 2011)

If you did tick Category A and all pay-slips for the 6 months were £1,550 or more, and he was still in that job when you applied, then the reason you were given for refusal is confusing to say the least.


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## Americangirl1 (Jan 19, 2013)

He was promoted in September, and we applied for the visa in October, so he had only been in his current role one month when we submitted the application. It's the same company, but different roles. 
I'm confused why they would require the individual paychecks be 1550 or higher if it's a gross annual requirement...


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## 2farapart (Aug 18, 2011)

Yes, Category A doesn't use an overall pay total (only Category B does that). Category A depends on all months being £1,550 or greater (£1,550 being £18,600 / 12 months) because they take pay at its lowest point under A. Another possibility is his commission. For commission to be included, it must be contractual according to the rules (presumably meaning it should be mentioned in his contract or employer's letter). If it wasn't, they would have ignored it.

EDITED TO ADD: Finding out what the potential problem might be will help decide whether you should appeal (ie UKBA made a mistake ) or whether you should reapply (if insufficient evidence is available such as commission not in contract or wrong category used and so new evidence would be required).


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## Americangirl1 (Jan 19, 2013)

We definitely didn't have a letter stating commission and overtime pay was included in his role. If we appeal and send in that as support, would it be considered???


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## Crawford (Jan 23, 2011)

Americangirl1 said:


> He was promoted in September, and we applied for the visa in October, so he had only been in his current role one month when we submitted the application. It's the same company, but different roles.
> I'm confused why they would require the individual paychecks be 1550 or higher if it's a gross annual requirement...


........ because showing payslips of at least 1,550 per month shows that the applicant earns the minimum of 18,600 per annum.

If you applied in October, and up to September of that year he was earning 18K per annum, _plus bonuses_, if any of the payslips you provided did not show at least 1550 per month, (and presumably the bonus was not spread out over 12 months, but given at, say, end of year) then, the person checking your application could, logically, come to the conclusion that your sponsor was not earning a minimum of 18,600 per annum.


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## 2farapart (Aug 18, 2011)

Americangirl1 said:


> We definitely didn't have a letter stating commission and overtime pay was included in his role. If we appeal and send in that as support, would it be considered???


I'm not sure on this because I recall Joppa stating that NO new evidence will be considered in appeal (and I don't know whether a revised contract or employer's letter of clarification would be classed as new). However, if any one of those pay-slips is less than £1,550 there would be no point in appealing because the rules of Category A were not met and UKBA would be found to have given a valid refusal as a result. You would instead need to re-apply under Category B.


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## 2farapart (Aug 18, 2011)

Sorry I didn't add this earlier (it was gone 3am when I last posted), but if you think you applied under the wrong category (ie one or more of his payslips was less than £1,550 before tax), then make preparations to reapply under Category B. Go through your evidence and see if you can pull together 12 payslips and matching bank statements that show he has earnt at least £18,600 before tax, ensure you have a letter from his employer confirming his rate of pay, his hours, and that bonus/commission is also part of his contracted terms (VERY important!), make sure you also have his employment contract too - would be ideal if that mentioned bonuses or commission too. Don't take ANY chances on leaving anything out because you now have a refusal on your records (so everything for your next application needs to be watertight). The 12-months period of evidence must lead up to the end of the month prior to the month you are applying in (so if you re-apply February, you need February 2012 to January 2013 for bank statements and pay slips). When filling out the form, DO check that you're providing all evidence (see page 21 of http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary - note that you must supply 12, not 6, months of evidence).

Then write out a letter which will accompany your paper evidence detailing the full reason for your refusal (for example: 'I originally applied under the wrong finance category not realising that, under Category A, my husband's lowest pay would be used. This time I'm applying under Category B and providing a full 12 months of evidence'). This time, it will take longer (I doubt there is any advantage to you using premium service because they can't usually process applications with prior visa refusals quickly (they will scrutinise your application more closely because of the refusal, so premium might waste more money). Expect it to take a couple of months before you hear anything (which is likely quicker than appealing, though of course more expensive because you're having to pay again). If your husband's pay meets the requirement and all documents are in order, you should have a better result next time.

If you want to save money, you could instead attempt an appeal first and send all the aforementioned documents, but if that is unsuccessful, by the time your appeal has run its course and then reapplying under Category B, you could be a good year or more away from obtaining a visa.

Wishing you the very best of luck.


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## Americangirl1 (Jan 19, 2013)

Thanks so much everyone for all your help. A long, emotional 6 months later I have been granted a visa! 

I reapplied as advised under category B. I included 14 months payslips & bank statements, as well as letters from his employers (to be extra safe). I included why I had previously been denied in my cover letter. I reapplied as priority settlement and the new application was fully processed in 2 weeks and 2 days! What a difference!
I'm not sure if settlement applications being routed to the Sheffield Office was in my favor, but it certainly was a very different experience the second time around.

Just wanted to pass along the good news and say THANK YOU THANK YOU THANK YOU to everyone who offered advice and help. I am eternally grateful for your support during one of the most stressful processes of all time!

Best wishes to you all!
Nikki.


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