# Refused spouse visa please help



## Asad1232009 (Jan 8, 2015)

*Ihs refunded*

if IHS surcharge is refunded does that mean it was refused? i still have not been contacted by the vac


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## i.need.help (Nov 20, 2014)

Seeing other people's experiences on this and other forums, Facebook, having the IHS refunded for a spouse settlement visa is never a good sign. 

Usually always a refusal, unless you paid double?


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## Asad1232009 (Jan 8, 2015)

i.need.help said:


> Seeing other people's experiences on this and other forums, Facebook, having the IHS refunded for a spouse settlement visa is never a good sign.
> 
> Usually always a refusal, unless you paid double?


No i did not pay twice.
so most likely a refusal


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## i.need.help (Nov 20, 2014)

Asad1232009 said:


> No i did not pay twice.
> so most likely a refusal


Going by other peoples experience, yes.

You'll just have to wait to find out for certain.


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## Asad1232009 (Jan 8, 2015)

i.need.help said:


> Going by other peoples experience, yes.
> 
> You'll just have to wait to find out for certain.


Yes i found out it was a refusal just need to find out why


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## i.need.help (Nov 20, 2014)

Asad1232009 said:


> Yes i found out it was a refusal just need to find out why


What has your wife said about it?


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## Asad1232009 (Jan 8, 2015)

i.need.help said:


> What has your wife said about it?


They refused me because i did not meet the financial rewuirement. i sent 7 payslips showing gross earnjng of 10111 which they said i sent 6 payslips showing 8921.11
which is wrong as i sent 7 payslips

Also my employment letter was not dated however my manager wrote that this letter and mentioned in april my pay will go up and my current pay is 9.04 and in april it will go up to 9.24


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## i.need.help (Nov 20, 2014)

Asad1232009 said:


> They refused me because i did not meet the financial rewuirement. i sent 7 payslips showing gross earnjng of 10111 which they said i sent 6 payslips showing 8921.11
> which is wrong as i sent 7 payslips
> 
> Also my employment letter was not dated however my manager wrote that this letter and mentioned in april my pay will go up and my current pay is 9.04 and in april it will go up to 9.24


The date on the employment letter is very important, because then the ECO can tell if it's within the 28 day timeframe or not. On that bases alone, your spouse was rightfully refused.

The mods will say post the refusal letter, if you want their help.

If you decide to appeal, remember it can take a year or longer for a decision to be made.

Reapplying will be the quickest option, but not the cheapest. You could save money though, if you don't opt for the priority service again.


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## Joppa (Sep 7, 2009)

Give the exact wording of the refusal letter for us to help you further.
Why did you provide 7 payslips? Are you paid every 4 weeks rather than monthly?


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## Asad1232009 (Jan 8, 2015)

Hi today my wife recieved her refusal letter in which it states 
eco reasons for refusal. 
. your sponsor is not exempt from the financial requirements as defined paragraph ecp.3.3. i am not able to take in account any potential employment you have available to you on the uk or any offers of financial support from third parties. in order to meet the financial requirements of the rules your sponser needs a gross income if at least 18600 per annum. in your appendix 2 form yoy state that you are relying on the earnings from your sponsees income with ... to meet the income threshold. you state that this is 18 757.56. you have provided the last 6 months pay slips for this employment and theese show a gross payment of 8921.1. this equates to an annual salary of 17 842.22. on order to qualify you and your sponser require 17894.45 in savings in order to meet the financial requirements. you jave not provided any evidence of any such savings held by you or your sponser continously for the past 6 months. i therefoee refuse your application under paragraph ec-p.1.1 (d) of appendix fm of the immigration rules. (e.ecp.3.1)

. your sponser is not exempt from the financial requirements as defined paragraph ECP.3.3. You have not provided an employment letter from.... containing the specfic information dated within 28 of the application date as evidence of your sponsers gross income from thier employment. i therefore refuse your application under paragrapgh Ec-p1.1 (d) of appendix fm of the immigration rules. (E-ECP.3.1)

. I have considerd the provision of evidential flexibility as set out out in paragrapgh d of appendix FM -SE. i have not deemed it appropriated to exercise evidential flexibility in this case as ut falls for refusal.

thing is i sent 7 payslips = gross 10111 four weekly earnings.
i do not think they took my 7 payslips only the last 6 months payslips. i included employment letter which was not dated but everything else was fine what can i do?


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> Give the exact wording of the refusal letter for us to help you further.
> Why did you provide 7 payslips? Are you paid every 4 weeks rather than monthly?


yes i paid four weekly therefore i provided 7 payslips. The date on the employment letter wasnt there however my employer wrote my pay will go up to 9.24 in april at that time i asked for them to wrie the date hut they already printed the letter and my manager wasnt available for a week 
i started a new thread which has the full letter typed up.


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## nyclon (Apr 3, 2011)

I have merged your threads so people can keep track of what's going on.


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## Asad1232009 (Jan 8, 2015)

nyclon said:


> I have merged your threads so people can keep track of what's going on.


Thank you


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## i.need.help (Nov 20, 2014)

Asad, have you thought about what you're going to do ?


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## Asad1232009 (Jan 8, 2015)

i.need.help said:


> Asad, have you thought about what you're going to do ?


i was thinking of an administration review as i think they geniually made a mistake regarding the payslips i showed i earned over 18600 with the 7 payslips plus i had a bonus of 265 pound which i did not include. payslip 1. £1005 2. £1195 3. £1138 4. £1166 5. £1728 6. £1823 7. £ 2056 gross pay

the letter of employment i can get it dated as that should not be a major problem they could have easily phoned emailed my manager. i didnt think they would refuse me on that as the letter stated all the information needed except the date.

Employer	Date of Pay Year	Gross Income Net Income	Bank statement 
ASDA	16/10/2015	2015	1195.27	1051.24	13th Oct 2015 to 12th nov 2015 
ASDA	13/11/2015	2015	1138.4	1012.79	13th Nov 2015 to 12th Dec 2015 
ASDA	11/12/2015	2015	1005.25	922.02	13th Nov 2015 to 12th Dec 2015 
ASDA	08/01/2016	2016	1166.4	1031.83	14th Dec 2015 to 12th Jan 2016 
ASDA	05/02/2016	2016	1728.25	1413.66	13th Jan 2016 to 12th Feb 2016 
ASDA	04/03/2016	2016	1823.63	1478.6	13th Feb 2016 to 12th Mar 2016 
ASDA	01/04/2016	2016	2059.18	1638.88	09 Mar 2016 01 April 2016 
Total	10116.38 
10116.38 ÷7= 1445.19 × 6.5 = 9393.78 ÷ 6 = 1565.63 × 12 = 18787. 56


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## Joppa (Sep 7, 2009)

4-weekly payslips can create problems, as the guidance says nothing about those who are paid other than monthly. From my limited experience, ECO seems to convert weekly, fortnightly and 4-weekly pay into monthly, and work out compliance with the financial requirement. For example, taking the last 6 payslips, which cover a period of 24 weeks, your total is then divided by 24 and multiplied by 26, which in your case will come to £9,664.53 and annual income of £19,329.07. If you are going to appeal, you can stress the fact that you are paid every 4 weeks, and attach your calculation.


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> 4-weekly payslips can create problems, as the guidance says nothing about those who are paid other than monthly. From my limited experience, ECO seems to convert weekly, fortnightly and 4-weekly pay into monthly, and work out compliance with the financial requirement. For example, taking the last 6 payslips, which cover a period of 24 weeks, your total is then divided by 24 and multiplied by 26, which in your case will come to £9,664.53 and annual income of £19,329.07. If you are going to appeal, you can stress the fact that you are paid every 4 weeks, and attach your calculation.


joppa Thank you for that can i not go for an administrator review? as i mentioned in the calculation how i met the requirement


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## Asad1232009 (Jan 8, 2015)

Asad1232009 said:


> joppa Thank you for that can i not go for an administrator review? as i mentioned in the calculation how i met the requirement


can i make a complaint so they can recheck what the eco missed out on. As i did include a page explaining how i met the requirement. Also they used the last 6 months payslips when i mentioned i am paid every four weekly and i also had a bonus which went into my account on 26/02/16 which was on my bank statement not to confuse them. What do you think is the best course of action. if i re apply they might refuse me on the same reason due to thier calculation


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## i.need.help (Nov 20, 2014)

But will they accept a new/emended employment letter? As far as I know, you can only submit additional evidence which pre-dates your online application date. 

@Joppa ?


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## Asad1232009 (Jan 8, 2015)

i.need.help said:


> But will they accept a new/emended employment letter? As far as I know, you can only submit additional evidence which pre-dates your online application date.
> 
> @Joppa ?


yes i will get that employment letter dated for 25.03.16


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## Asad1232009 (Jan 8, 2015)

Asad1232009 said:


> joppa Thank you for that can i not go for an administrator review? as i mentioned in the calculation how i met the requirement


joppa?


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## WestCoastCanadianGirl (Mar 17, 2012)

Please have some patience!! Everyone here volunteers their time, so instant responses are _not_ guaranteed, no matter how much you might want them to be. 

Joppa's reply to you was barely 4.5 hours ago and he does have a life outside the Internet. 

When he is able, he'll be back online to answer posts. Until then, you will have to wait for him to come back.


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## Asad1232009 (Jan 8, 2015)

WestCoastCanadianGirl said:


> Please have some patience!! Everyone here volunteers their time, so instant responses are not guaranteed, no matter how much you might want them to be.
> 
> Joppa's reply to you was barely 4.5 hours ago and he does have a life outside the Internet.
> 
> When he is able, he'll be back online to answer posts. Until then, you will have to wait for him to come back.


im sorry i wasnt trying to rush anyone especially joppa. i put a question mark there as the orignal question was on the previous page.


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## Joppa (Sep 7, 2009)

First part of appeal is ECM review, which may overturn the refusal. You may only wait 1-2 months for it. You can only opt for administrative review if you don't have full right of appeal (it will say so on refusal letter), but since ECM review is very similar to AR, you aren't missing out.


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> First part of appeal is ECM review, which may overturn the refusal. You may only wait 1-2 months for it. You can only opt for administrative review if you don't have full right of appeal (it will say so on refusal letter), but since ECM review is very similar to AR, you aren't missing out.


Thank you joppa. how would one opt for an ECM Review? on the basis of thier mistake can i have an oral hearing? i want to show they made a mistake. What would you suggest?


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## tunderule (Jan 14, 2016)

This might help.... 

https://www.gov.uk/government/publications/ecm-appeal-review-apl07/ecm-appeal-review-apl07


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## tunderule (Jan 14, 2016)

Sorry i was going to post this ... but the later will also give you an overview too though .. 

https://www.gov.uk/government/publications/appeal-procedures-apl01/archived-appeal-procedures-apl01


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## Asad1232009 (Jan 8, 2015)

Thank you for that. Really helped. when i apply for the appeal how do i get an ecm review. is that the first part of the appeal?
is paper or oral hearing faster? 
when submitting the documents do i only send the orignal documents in dispute in my case the employment letter and payslips? do i also send the application form appendix 2? 

i much appreciate your replys


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## Joppa (Sep 7, 2009)

Yes, every appeal first goes through ECM Review. Paper appeal is faster.
Just the extra documents you wish to be considered, existing on or before the date of the refusal letter. Copy only - so don't send originals.


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> Yes, every appeal first goes through ECM Review. Paper appeal is faster.
> Just the extra documents you wish to be considered, existing on or before the date of the refusal letter. Copy only - so don't send originals.


Thank you joppa. in regards to the documents do i send bank statements payslips and dated employment (employment letter dated 26th march 2016) that is when it was qhen it was written


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## Joppa (Sep 7, 2009)

Just send copies of documents you didn't send with original application. Only those existing on the date of refusal letter. You can print them out now, but the information they contain must be as it was on the date of rejection.


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> Just send copies of documents you didn't send with original application. Only those existing on the date of refusal letter. You can print them out now, but the information they contain must be as it was on the date of rejection.


i could send the letter with the appropriate date. the payslips they would have made copies? as im appealing against thier orignal calculation which they ignored my first payslip. Also i will attach the calculation again of how i met the requirement.

Also i would include a second calculation which you gave me earlier in regards to 6 payslips divided by 24 times 26. 

is there no set way of calculating four weekly payslips?


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## Asad1232009 (Jan 8, 2015)

Asad1232009 said:


> Would this letter for the Appeal be ok?
> Dear Sir/Madam
> 
> I am writing in regards to the refusal of my beloved wife Rukhma Riaz. I am very upset and disappointed at the decision made without proper consideration. The first reason for refusal was that I the Sponsor working for ASDA did not meet the financial requirement. I submitted a page showing my gross and net income Also corresponding bank statements and the Date when the payment was made. I have stressed in my application that I get paid every four weekly which means i am paid 13 times a year not 12. The ECO took my last 6 payslips and converted them into monthly when infact I submitted 7 payslips to show 28 weeks. According to a calculation I was advised ; The Total of the 7 payslips divided by 7 times by 6.5 divided by 6 times 12. Which gives the annualised income. Also converting the 4 weekly payslips to an average weekly sum (by means of adding the sum of all the 7 payslips then divide by 7) which gives an weekly average then that sum times by 52.
> ...


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## Joppa (Sep 7, 2009)

Too emotional with unnecessary details. Don't make accusations, don't question their methodology, just point out whether there is an error in a calm, reasoned way. Your letter will instead put their backs up and will not advance your cause.
So write something like: 
I am paid every 4 weeks so in fact I meet the financial requirement on an annualised basis. Taking the last 6 payslips represents a pay over 24 weeks, and simply doubling it only gives an income over 48 weeks, not 52 weeks.
The undated employment letter has now been corrected by my manager with a date when the original letter was written - an oversight which has now been put right.


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> Too emotional with unnecessary details. Don't make accusations, don't question their methodology, just point out whether there is an error in a calm, reasoned way. Your letter will instead put their backs up and will not advance your cause.
> So write something like:
> I am paid every 4 weeks so in fact I meet the financial requirement on an annualised basis. Taking the last 6 payslips represents a pay over 24 weeks, and simply doubling it only gives an income over 48 weeks, not 52 weeks.
> The undated employment letter has now been corrected by my manager with a date when the original letter was written - an oversight which has now been put right.


Thank you joppa. Would they have photocopied all the orignal document which i sent? i am going to include the corrected employment letter. referring to the refusal letter would i need to include anything else you have been very helpful indeed.


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## Joppa (Sep 7, 2009)

They should have copied your originals, so no need to send anything else. Did you get all your documents back?


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## Asad1232009 (Jan 8, 2015)

Joppa said:


> They should have copied your originals, so no need to send anything else. Did you get all your documents back?


im in pakistan at the moment and i cant check what they sent me yet


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## Asad1232009 (Jan 8, 2015)

Asad1232009 said:


> im in pakistan at the moment and i cant check what they sent me yet


would i need to send my wifes passport pics and application form. Do i also give the GWF number Thanks


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