# UK Spouse Visa Refused!



## sahmed789 (Oct 21, 2014)

hello
Today I had a big shock as my wife's spouse visa has been refused. First I would like to state exactly the reasons why UKBA refused her;

"You have submitted pay slips from your sponsor's employer(me). However these do not cover the required 6 months period, as required by paragraph (a). Therefore, you have not submitted the documentation as required by Appendix FM-SE."

"Whilst you state in Appendix 2 that your sponsor has an annual income of 19,8***** pounds, checks made with Her Majesty's Revenue and Customs show an income for the 2013/14 tax year of only 13,***.** pounds. As your sponsor started working for his employer in 2012, I am not satisfied his earnings are as claimed."

I am not sure if paragraph one and two are two separate reasons but if they are I don't understand why they do not cover the 6 months period. I did submit 4 pay slips however they were "worth" 6 months as my employer made an error and paid me double for 2 months, I clearly stated this and my employer also made this clear in his letter, so whats the problem? anyways UKBA clearly mention 6 months "worth" of payslips, which i did provide.

As for the second paragraph I am totally confused about. From my understanding I had to submit 6 months worth of payslips that totalled atleast 1550 pounds each, which i did. Why has the ECO checked my p60 for the entire year when I clearly stated my pay had gone up in the last 6 months . Just to be clear, my pay increased to above 1550 pounds a month in september and i applied six months after that . Obviously if UKBA were to check my p60 for that year it would be below the 18,600 mark as i only had this pay rise from september! So why have they done this? 

I am really thinking of appealing as I dont feel it is fair they are penalising me on things that make no sense, however I need help from you guys if it is worth it! I hope it is clear what I mentioned. If not let me know and i will clearify. Also my date of refusal was 4 days ago and my wife got her passport back only today, does that mean we only have 24 days to appeal? Thanks


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## _shel (Mar 2, 2014)

If you submitted only 4 pay slips you did not submit the required documentation even if 2 pay slip covered 2 months. They are not obliged to accept a letter stating their was an error with your pay. 

What else did you submit confirming the pay rise?


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## Joppa (Sep 7, 2009)

Did your employer's letter state your current pay (at least £1,550 a month) and how long you have been paid this salary? This would have explained discrepancy with P60.


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## sahmed789 (Oct 21, 2014)

_shel said:


> If you submitted only 4 pay slips you did not submit the required documentation even if 2 pay slip covered 2 months. They are not obliged to accept a letter stating their was an error with your pay.
> 
> What else did you submit confirming the pay rise?


but is due to an error by my employer not me. I read on this forum before if they made an error and they wrote and letter clarifying this it should be fine. It was an answer from Joppa on a question about " Error on payslip"


I just submitted my pay slips I didnt know I had to prove a pay rise, I just thought my payslips would be enough.


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## sahmed789 (Oct 21, 2014)

Joppa said:


> Did your employer's letter state your current pay (at least £1,550 a month) and how long you have been paid this salary? This would have explained discrepancy with P60.


No to be honest, they just stated my "current pay"


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## topo morto (May 24, 2014)

https://www.gov.uk/government/uploa...337420/Annex_FM_1_7_Financial_Requirement.pdf may be useful.

It states that the payslips must cover a period of 6 months, rather than specifying a number - but you could interpret that in different ways.

The letter from your employer must state:
(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; 
(iv) the type of employment (permanent, fixed-term contract or agency).

There are a number of other requirements (e.g. the payslips must tie up with your bank statements, etc).


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## Joppa (Sep 7, 2009)

All in all, it wasn't surprising you were denied a visa. You can try appealing, with updated evidence, but the easiest is to make a fresh application with every box ticked.


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## zakmuh (Aug 18, 2014)

sahmed789 said:


> ..........Obviously if UKBA were to check my p60 for that year it would be below the 18,600 mark as i only had this pay rise from september! So why have they done this?
> 
> No to be honest, they just stated my "current pay"


Hi SAhmed,

Im sorry to hear your tragic story. Its really difficult to understand what exactly the ECO is after eh!

Youve said that you had a pay rise in Sep. Is it in 2014? And your employer's letter must state the current salary and for how long that salary has been paid. For example, 'X has earnt a gross salary of XXX.XX since he started in Jan the 1st 2014 to 30th of June 2014' (6 months).

Finally, its NOT 6 payslips, its 6 MONTHS payslips that you have to submit. 


The ECO has to make further checks/grounds before they refuse the visa. Its called, under Article 8, 'exceptional or compassionate circumstances'. Thats why the ECO had looked into your past earning history to check if they can issue the visa. You failed on that as well.

I'd suggest you to stick to Joppa's advice and make a fresh application, making sure you have 6 months worth of payslips and getting a new employment letter mentioning everything from TopMoto's list.


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## sahmed789 (Oct 21, 2014)

zakmuh said:


> Hi SAhmed,
> 
> Im sorry to hear your tragic story. Its really difficult to understand what exactly the ECO is after eh!
> 
> ...


Thank you, it honestly does feel like a tragedy for me! I really cant express how sad I feel right now, not even with my wife as we are both trying to be strong, but its hard to be so when you are separated . I really wanted to do a long rant while posting this message to get everything off my chest but I know you guys probably get loads of those and there is no point lol.

Regarding my pay rise, I am so confused why the ECO checked my P60 for the whole year when i clearly stated i had got my rise since September of 2013, so from april (when my p60 in renewed) till end of august I was working part time so obviously my yearly p60 will show below the threshold. I thought they will take my salary of the last 6 months and times it by 2. I just dont understand if I make a new application should i make sure i worked for a year first then submit my papers? because they will check my p60 anyways?

regarding the 6 months payslips, am i wrong to assume that this means my 6 months worth of payslips was sufficient? its not like i applied after 4 months, I waited from September till march. 

Also finally I went to see loads of lawyers and got the impression they are all clueless money taking fakes! one lawyer told me to appeal without even listening to my situation! one told me he would charge me 85 quid just to look at my refusal letter! so do i have a good chance to stand in front of the tribunal myself and fight my case you think?


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## sahmed789 (Oct 21, 2014)

Joppa said:


> All in all, it wasn't surprising you were denied a visa. You can try appealing, with updated evidence, but the easiest is to make a fresh application with every box ticked.


Thank you thats fair enough but I just want to ask the Immigration two questions:
1) why does it not say on the requirements submit 6 payslips for 6 months rather than saying 6 month "WORTH" of payslips. That to me is so vague.
2) Why tell me i need 6 month payslips that will add up grossly to 18600, making me work hard for a promotion and then work double hours for 6 months, then just check my previous 6 months before that anyway! Why not tell me just to work for a year then submit your P60 instead of wasting my money and time and giving me false hope!

insist that a fair argument?


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## sahmed789 (Oct 21, 2014)

is that not*


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## topo morto (May 24, 2014)

Very sorry to hear your story too. Whatever rant you have ready to go I'm sure many here would resonate with it! But as you say, better to look forward.

The payslips issue seems like one that could be interpreted either way. Your explanation about the missed months makes sense, but they are looking for a steady salary coming in; Whether a single month's payslip showing 2 months' worth of money is 'worth' 2 months or 1 is a slightly philosphical point, though it seems like one that could be reversed on appeal.

The p60/annual salary issue does look odd but you could think of it like they were trying to give you a second chance by looking at your annual salary. It's my impression that it's not unusual for "reasons for refusal" to be phrased a bit strangely, so you have to read between the lines a bit to find the 'real' reason for refusal. 

Having said that, the only real thing I can see that's "wrong" is information missing from your employer letter. How long would it take you to get to the point of having 6 months of error-free payslips? Would it be worth appealing in the meantime with a new employer letter and an even clearer explanation of the payslips? (I think it's cheaper than re-applying?)


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## sahmed789 (Oct 21, 2014)

topo morto said:


> Very sorry to hear your story too. Whatever rant you have ready to go I'm sure many here would resonate with it! But as you say, better to look forward.
> 
> The payslips issue seems like one that could be interpreted either way. Your explanation about the missed months makes sense, but they are looking for a steady salary coming in; Whether a single month's payslip showing 2 months' worth of money is 'worth' 2 months or 1 is a slightly philosphical point, though it seems like one that could be reversed on appeal.
> 
> ...


thanks topo morto! to be honest the last few months I have been with my wife so I resigned from work thinking like the fool I am that I will go back to the Uk with her! So i have to start from scratch. I dont mind I am not going to give up, sitting here complaining about this all and feeling sorry for myself is not going to help, I need to pick myself up and carry on I guess, lets see what happens now : ) 
Would you happen to know how much an appeal would cost? I was under the impression it was free for some reason. Guess I am pretty clueless about this all after all.


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## topo morto (May 24, 2014)

Not sure how much it costs - but I think you are supposed to tell them if there are any changes in your circumstances while your application is being considered, and that would include leaving your job, so I'm not sure if the appeal path would be suitable now....


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## _shel (Mar 2, 2014)

If you resigned before your visa was decided surely that would have meant you would have been rejected anyway when that was discovered. You need income to be eligible to sponsor unless you are relying on savings.


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## Joppa (Sep 7, 2009)

sahmed789 said:


> Thank you thats fair enough but I just want to ask the Immigration two questions:
> 1) why does it not say on the requirements submit 6 payslips for 6 months rather than saying 6 month "WORTH" of payslips. That to me is so vague.
> 2) Why tell me i need 6 month payslips that will add up grossly to 18600, making me work hard for a promotion and then work double hours for 6 months, then just check my previous 6 months before that anyway! Why not tell me just to work for a year then submit your P60 instead of wasting my money and time and giving me false hope!
> 
> insist that a fair argument?


No, you've just misunderstood the requirement and didn't submit the correct evidence.


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