# Spouse visa refused. PLEASE HELP



## Hobbiton (May 28, 2015)

Letter of Refusal

*Your Application*

You have applied for an entry clearance as a partner under Appendix FM of the Immigration Rules. I Have considered your application under paragraph EC-P.1.1 of Appendix FM of the United Kingdom Immigration Rules. You can read these rules at; www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/

*The Decision*

*EC-P.1.1(c) Section S-EC; Suitability - Entry Clearance Requirements*

> Requirements met.

*EC-P.1.1(d) - Section E-ECP: Eligibility for Entry clearance as a partner*

> Requirements met.
---------------------------------
Financial Requirements
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ECO Reasons for refusal

> Your Sponsor is not exempt from financial requirements as defined by paragraph E-ECP 3.3. I am not able to take into account any potential employment you have avaiable to you in the UK or any offers financial support from third parties
> In order to meet the financial requirments of the Rules your sponsor needs a gross income of at least 18,000 per annum.
> You have stated in appendix 2 that you meet the financial requirments trought your sponsor's salaried as ****** ******* since November 2014.
> You State that as your sponsor his second employment in January 2015, you don't ely on his second employment in this application.
> As evidence of your sponsor's employment you have presented an employment letter from *** ****** which states that your sponsor's salary is 19,000 per annum and that he gets paid in cash.
> You have presented copies of 7 pay slips covering the period October 2014 - April 2015.
>Your sponsor's pay slips show that he is paid by cheque. This contradicts your sponsor's letter of employment which states that he gets paid in cash.
>Appendix FM of the immigration ruules states that you must provide original documents in support of your application and you have not do so. Please refer to Appendix FM-SE for further guidance.
> You have therefore failed to provide the specifed documents of your sponsor's employment. These documents are specified in Immigration Rules in Appendix EC-P.1.1(d) of Appendix FM of the immigration Rules. (E-ECP.3.1)


>You state in your application you and your sponsor intend to live at *** **** *** which is provided to your sponsor by his employer free of rent and utilities. You have provided no evidence to show that this property is owned by your sponsor's employer. Furthemore, you have not presented any evidence from the local council to show the occupants of this property and that there is adequate room for you. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.4)

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*Your right of appeal*

You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration and asylum Act 2002. If you wish to appeal you must complete de attached IAFT-2 Notice of Appeal form. An information sheet has also been provided. Should you require further advice or assistance please visit Justice.gov.uk

If you decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. You are strongly advised to complete all sections of the form and submit all relevant documents with your Notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing.

Because your application has been refused, the Health Surcharge payment made in relation to this specific application for a visa/entry clearance will now be refunded.

The completed Notice of Appeal form must arrive no later than 28 days after the date you received this notice and you must make sure that it is signed and dated.


PLEASEEEE HELP, what should I do, Appeal or fresh application????
They say I have the right to appeal. Please anyone can help me Joppa or Nyclon

Thanks


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## HatakeSage (Feb 4, 2015)

Everyone has the right to appeal, but it doesn't mean you should.
Sometimes appeals take longer than just redoing the application.

Also what are you appealing? What would you provide differently? 
You didn't really give a description on what happened, just what the letter said.

It says you didn't have the original documents, and that you're paid by cheque/cash?
As for living at that residence, did you give evidence of like a landlord/council tax/utility bill or something? Anything? How many people live at the residence for them to question if theres room?

Sorry, just really vague on what you're asking to me.


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## Hobbiton (May 28, 2015)

HatakeSage said:


> Everyone has the right to appeal, but it doesn't mean you should.
> Sometimes appeals take longer than just redoing the application.
> 
> Also what are you appealing? What would you provide differently?
> ...


First of all thanks for your reply,

By the original documents they mean the pays slips weren't certified by employer, this was an countable mistake, he gave to my husband a copies and we thought they were original, second, the employer letter say he is paid cash and it's right, another countable mistake he wrikte in pay slips that my husband is paid by cheque. 

For the residence we gave the employer letter which say my husband is living there without paying rent and utilities, and the council tax.

My husband lives alone in a flat with 2 rooms, 1 living room, 1 bathroom, 1 kitchen and 1 office room.

and they are asking of the papers of the house to see if it is owned by my husband employer, a letter from council that how many people live in this flat. 
Also they ask for original pay slips to be certified.

We are thinking to appeal and give them this papers.


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## AmyD (Jan 12, 2013)

You can't appeal if the documents didn't exist when you made the application. If you meet the requirements, just apply again.


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## Crawford (Jan 23, 2011)

Obtain the necessary document they are asking for (proof of employment, bank statements, original payslips, proof of employer owning flat) and re-apply.

An appeal could take up to a year


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## Joppa (Sep 7, 2009)

If you want to appeal instead, provide the missing documents - as long as they were available at the time of application but you somehow didn't send them, and when ECM reviews your paperwork, they may decide to overturn the refusal and issue your visa. Provided the documents verify the situation as it existed at the time of original application, and not reflecting a new situation, then they may still be acceptable.


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## Hobbiton (May 28, 2015)

AmyD said:


> You can't appeal if the documents didn't exist when you made the application. If you meet the requirements, just apply again.


So why they said we have the right to appeal and gave me the Appeal form?
We sent the letter from the landlord saying that he is the owner of the flat, and council tax, and the pay slips and a letter from a private company stating that how many rooms have the flat and if it's nice for me to live there. And they aren't happy with the landlord letter and the letter from the private company. 

The problem is the mistake that made the countable, giving us a copies sayig that they were original and they weren't certified, and putting in the pay slips that my husband is paid by cheque when he knows that he is paid cash.

we thought to give them a letter from the countable stating his error and the original payslips certified. and for the flat we are going to send a letter from the council that my husband live alone and the papers of the landlord that this is his property. 

Thanks for your reply


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## HatakeSage (Feb 4, 2015)

I think they let everyone have the choice to appeal no matter what their application is like.
But like I said before, it doesn't mean you should.

Though Joppa has a point. If you had those documents, or if the employer was at fault, 
you may have an option to do so and maybe be considered.


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## Hobbiton (May 28, 2015)

Joppa said:


> If you want to appeal instead, provide the missing documents - as long as they were available at the time of application but you somehow didn't send them, and when ECM reviews your paperwork, they may decide to overturn the refusal and issue your visa. Provided the documents verify the situation as it existed at the time of original application, and not reflecting a new situation, then they may still be acceptable.


Thanks Joppa,

the documents exist before we did application. and we are thinking to appeal with this papers, my husband are living in the same flat for four years and he has the council tax to show that, also his second work is for home office and they know where he live, when we applied we thougt that the landlord letter was enough to provide that my husband is living here. and they now ask for a letter from council stating that there is a room for me and the papers of the house.


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## Hobbiton (May 28, 2015)

HatakeSage said:


> I think they let everyone have the choice to appeal no matter what their application is like.
> But like I said before, it doesn't mean you should.
> 
> Though Joppa has a point. If you had those documents, or if the employer was at fault,
> you may have an option to do so and maybe be considered.


Yes, it wasn't our fault, was the countable and employer fault. They didn't gave us the right papers, and this papers are available before we dis application on May. 

So we thought to appeal giving them this papers.

Also how long will take for them to review my application without going through oral hearing, just looking at the grounds and documents we provide them?

Thank you and sorry


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## Joppa (Sep 7, 2009)

What they mean is a property inspection report which most councils provide for a price, or you may get an independent surveyor or provider to do it. ECM I believe has a few weeks to review your case so much quicker than tribunal (up to a year).


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## lozmarne (Jan 9, 2013)

I didn't think a property inspection was required if you are sole occupant, and providing landlord letter, council tax and bills??? *panic* xx


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## Hobbiton (May 28, 2015)

Joppa said:


> What they mean is a property inspection report which most councils provide for a price, or you may get an independent surveyor or provider to do it. ECM I believe has a few weeks to review your case so much quicker than tribunal (up to a year).


So do you think it's ok for us to appeal and provide the original papers that were available before we made application, and give a letter from the countable saying that was his mistake giving us copies without being certified and that is his mistake that he put my husband are paid by cheque, and the papers of the house in where my husband is living for four years from the landlord. All this papers were available before the application wss made, the only thing that make me worry is the property inspection report that will be new, because we provide an inspection report from a private company. 

Do you think that they may reject our appeal because of the inspection report? 

Thank you Joppa and please sorry


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## Hobbiton (May 28, 2015)

lozmarne said:


> I didn't think a property inspection was required if you are sole occupant, and providing landlord letter, council tax and bills??? *panic* xx


We give them a inspection report but it was made by a private company not the council, and the letter from the landlord saying that he is giving the flat to my husband without paying rent or bills.

I hope they accept the appeal without going to tribunal


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## Joppa (Sep 7, 2009)

lozmarne said:


> I didn't think a property inspection was required if you are sole occupant, and providing landlord letter, council tax and bills??? *panic* xx


I think ECO wasn't sure the property is solely occupied by the sponsor.


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## manel (Jul 20, 2014)

Hobbiton said:


> Letter of Refusal
> 
> *Your Application*
> 
> ...


. It said that you started your job in November 2014 but. From where did you get your payslip of October 2014? Did you get paid cash into account ? Or you put the money into your account ?


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## Hobbiton (May 28, 2015)

manel said:


> It said that you started your job in november 2014 but. From where did you get your payslip of October 2014? Did you get paid cash into account ? Or you put the money into your account ?


This was their mistake, my husband is working for four years in this job, I think he strated this job in late 2010.
The employer pay cash to my husband and he put the money in the bank, the employer has a countable who give pay slips every month to my husband and he made a mistake writing in the pay slips that my husband is paid by cheque.


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## Hobbiton (May 28, 2015)

@Manel I was reading my application form (I made a copy before submitting my application) and it says my husband commence his job on 20th of September 2010, so this is an ECO mistake.


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## manel (Jul 20, 2014)

Hobbiton said:


> manel said:
> 
> 
> > It said that you started your job in november 2014 but. From where did you get your payslip of October 2014? Did you get paid cash into account ? Or you put the money into your account ?
> ...


In my opinion ,because you submitted copies of payslips thus raise doubt about the authenticity of your payslips and found the reason of cheque and cash .


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## manel (Jul 20, 2014)

Hobbiton said:


> @Manel I was reading my application form (I made a copy before submitting my application) and it says my husband commence his job on 20th of September 2010, so this is an ECO mistake.


. Did you submit the p60?


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## Hobbiton (May 28, 2015)

manel said:


> . Did you submit the p60?


No, we don't submit p60. My husband earned 16,000 last year, and his money was raised in October last year so is now gaining 19,000 per year. and he thought it was better not submit p60.


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## manel (Jul 20, 2014)

If you submitted the p 60 better it shows that u paid the taxes and help to not doubt your payslips


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## Hobbiton (May 28, 2015)

*Fresh Application*

We thought of making a fresh application, file the papers again with papers were missing. We believe it can be faster doing fresh application before an appeal because we have realized that they can take up to 19 weeks in answer us to the appeal or going to tribunal and it may take up to a year.

the Entry Clearance Office has refused the application as:

1. he is not satisfied that my husband earn the claimed income

2. that the proposed accommodation is available to you or suitable

The ECO is not satisfied that my husband earn the claimed income primarily due to discrepancies with the pay slips. The pay slips we submitted in support of the application stated that my husband is paid by cheque when in fact he is paid by cash. We advised that this is an error made by the accountant and as such can be rectified and explained.

The ECO is also not satisfied that my husband earn the claimed income as he believes that the pay slips provided are copies, and the rules require us to submit original documents. My husband advise that his pay slips are generated by the accountant who then forwards then electronically to the treasurer of my husband employer. My husband personally do not receive the pay slips unless he request them. As such, the accountant printed pay slips to support the
application. Whilst these pay slips were of course “original” it is agreed that their appearance, without an explanatory letter from the account, may have led to them not being accepted as original documents.

The ECO was also not satisfied that the proposed accommodation was available to us as they did not believe sufficient evidence of the ownership of the property was provided. my husband advise that land registry offices can be obtained.

Finally, the ECO was not satisfied that the proposed accommodation was suitable. I have advised that I believe that this is an unreasonable conclusion as suitable evidence in this regard was provided in the form of a letter from Jupiter Property Management.

The entry clearance officer did not dispute any other issues such as our relationship or my language test.

We are considering preparing and submitting a fresh application. we would use the majority of the evidence previously submitted but with updated evidence of our relationship and evidence to address the issues raised in the recent refusal.

I have the previous application. my husband are going to add the documents below to be added to the documents that I have in my possession.

1. My husband current passport

2. up to date evidence of our contact with each other (April 2015 – July 2015) and any money transfers

3. original bank statements for the period 1/2/15 - 31/8/15

4. original printed payslips from accountant for the period February 2015 – August 2015

5. original letter from my husband employer's accountant on letter headed paper confirming:

- the date it is written
- the full name and position of the letter writer
- when they became the accountants for the company where my husband works
- that my husband are employed by this company
- that my husband is paid monthly by cash
- that they issue the payslips electronically and they are emailed to the treasurer rather than directly to my husband but that they have provided a print of the payslips to support the application
- that they have previously made an error on my husband's payslips stating that he is paid by cheque
- That my husband is paid in cash
- that they have reissued the payslips confirming that he is paid in cash
- that the newly issued payslips bear their stamp to confirm their authenticity as genuine documents
- that they may be contacted directly by the ECO if there are any queries

6. the original emails sent by the accountant to the Company’s treasurer for the period 1/2/15 – 31/8/15

7. office copies for the property

8. A new signed and dated letter from my husband's employer on headed paper confirming:

a. My husband's job title and gross annual salary
b. the length of my husband's employment
c. the period over which my husband have been or were paid the level of salary relied upon in the application; and
d. the type of employment
e. that my husband is provided with free accommodation by his Company as part of his
employment
f. that the property is owned by the Company
g. My husband live rent free at this property and do not pay any utility bills
h. that there is no tenancy agreement for the property
i. that the payslips are issued by their accountant and sent electronically to the treasurer
j. that they have also stamped the reissued payslips as confirmation of their authenticity
k. that they are happy for the ECO to contact them with any queries

9. a copy of my husband’s employer passport

10. My husband's contract of employment

11. an up to date letter from Council on letter headed paper confirming:
a. the date the letter is written
b. the full name and contact details of the letter writer
c. the address of the property
d. the full names of the current occupants at the property
e. the full names of the proposed occupants
f. confirmation of the number and types of rooms
g. confirmation that the property shall not be overcrowded under the terms of the Housing Act by the proposed applicants living there
h. confirmation that the property does not breach public health regulations

We are thinking about submitting the p60, but we are afraid as he was earing 16,000 last year and his salary was raised 19,000 in octuber. Should we submit the p60? 

PLEASE, Joppa, Manel or anyone can tell me if this will be enough to cover the reasons why they rejected our first of application, since they have no problem with our relationship or other matters. 

Please, any help I will be eternally grateful.


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## Hobbiton (May 28, 2015)

manel said:


> If you submitted the p 60 better it shows that u paid the taxes and help to not doubt your payslips


Please any advice concerning fresh application would be of great help. Thank you


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## Hobbiton (May 28, 2015)

Joppa said:


> What they mean is a property inspection report which most councils provide for a price, or you may get an independent surveyor or provider to do it. ECM I believe has a few weeks to review your case so much quicker than tribunal (up to a year).


Joppa if you can please read my quote about fresh application, we aren't going to appeal because it may take longer than re-apply, Please any advice concerning fresh application would be of great help. ray:ray:ray: 

Thank you


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## Hobbiton (May 28, 2015)

Any ideas or advise will be helpful. Please


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## Joppa (Sep 7, 2009)

Your list is too long and I'll be away for the weekend.


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## Hobbiton (May 28, 2015)

Joppa said:


> Your list is too long and I'll be away for the weekend.


If you can read it when you have time, I am going to re-apply in middle of September.

Thank you Joppa


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## ktorres926 (Mar 15, 2015)

As far as the P60 is concerned, it's a good idea to submit that. Just staple a note to it stating it is only covering a portion of the financial picture you're submitting.


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## lozmarne (Jan 9, 2013)

Some of it seems excessive - eg, employer's passport.

As long as you address the issues they raised, as formally as possible, it should be fine:

A council inspection report
An explanation of why the pay info error occurred from the employer, which is backed up by official documentation
Land registry info or similar regarding property ownership, in addition to the explanation of it being rent free etc. A letter alone probably will not be sufficient, given that they have specifically queried this. 

I included my P60, which totalled circa £14,000, and included an explanatory note stapled to it about how I had only earned the requisite £18,600 for part of the year (I had been unemployed for 3 months when I visited him in the US).

Best of luck with your reapplication - Joppa will probably be able to provide better guidance than I can when he's back xx


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## Hobbiton (May 28, 2015)

ktorres926 said:


> As far as the P60 is concerned, it's a good idea to submit that. Just staple a note to it stating it is only covering a portion of the financial picture you're submitting.





lozmarne said:


> Some of it seems excessive - eg, employer's passport.
> 
> As long as you address the issues they raised, as formally as possible, it should be fine:
> 
> ...


Thabk you both @Ktorres and @lozmarne for your reply, I will tell my husband what you have said and see what to do. Thanks a lot


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