# Refused spouse visa - appeal or admin review



## Northface (Dec 27, 2017)

Spouse settlement (wife)

Applied in Nov 2017 using the priority service, contacted for collection Dec 2017 (today) and not what i was hoping the answer would be.

My reson for refusal i do not meet the 18600 threshold, although my salary was above this.

The eco has refused my application, leaving me feeling distraugt. 

However, all else was fine except the eligibility financial requirement;

Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP.3.3. I am not able to take in to account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of the rules your sponsor needs a gross income of £18.600 per annum. From the evidence provided your sponsors gross income from employment with ********* is £18.333.38 per annum. In order to qualify you and your sponsor require shortfall x 2.5 + 16k savings in order to meet requirements. You have provided no evidence of any significant savings held by you or sponsor held continuously for 6 months. I therefore refuse your application under paragraph ec-p1.1 immigration rules.

My employer contract stated my fixed salary, i sent my bank statements and wage slips.

This has left me totally confused, i am aware of my right to appeal but would like advice please.

Someone helppppp


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## nyclon (Apr 3, 2011)

What do your pay slips and bank statements show?


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## Northface (Dec 27, 2017)

Pay slips show £1397.04 net
Bank statements show this too
Except my September pay slip which was £697.00 due to me going abroad getting married in august hence booked time off work.


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## nyclon (Apr 3, 2011)

It’s gross that matters and if your September payslip was less than £1550 gross then you were rightly refused.


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## Northface (Dec 27, 2017)

Do you think its worth explaining the annual leave due to the wedding ceremony taking place or would i have to wait


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## clever-octopus (May 17, 2015)

Did you not get paid holiday time for the wedding...? 

It's not worth explaining because your leave wasn't parental leave or illness-related, so it's not an allowable absence of pay. You will either have to wait until you meet the requirements for Category A again (about March), unless you meet the Category B requirements now


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## Crawford (Jan 23, 2011)

Northface said:


> Do you think its worth explaining the annual leave due to the wedding ceremony taking place or would i have to wait


No.... if you applied under Cat A then, as detailed in Appendix FM 1.7, they take the lowest monthly figure and multiply by 12 to arrive at your annual figure.

If you only earned 697 in one month then that is the figure they take.

You were rightly refused.

You need to earn 1,550 GBP gross per month to qualify.


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## Northface (Dec 27, 2017)

I did get holiday pay but stayed over for 4 weeks after my wedding, I have recieved my pay to date from hmrc showing i meet the threshold. If i was to go the admin review route with this attached and a explain how my earnings have been 'overlooked' will this stand a chance of an overturn in decision ? Very worried, as everything i sent was in chronological order, my contract of employment stated clearly my fixed salary too.


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## clever-octopus (May 17, 2015)

Did you apply under Category A?


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## Northface (Dec 27, 2017)

Yes under cat a


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## Northface (Dec 27, 2017)

Crawford said:


> No.... if you applied under Cat A then, as detailed in Appendix FM 1.7, they take the lowest monthly figure and multiply by 12 to arrive at your annual figure.
> 
> If you only earned 697 in one month then that is the figure they take.
> 
> ...



If they multiplied the lowest gross figure of 833.34 for that specific month by 12, it comes nowhere close to the threshold of 18600. The eco has stated £18,333.34. How has he worked upon this figure


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## clever-octopus (May 17, 2015)

I'm not sure how they worked out that figure, but if your lowest monthly gross payslip was 833.34 and you applied via Category A, you were correctly refused regardless, and an appeal would be a waste of time... You should just reapply when you meet the requirements for either Category A or Category B


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## Crawford (Jan 23, 2011)

Northface said:


> Yes under cat a


What were the gross amounts on the payslips which you provided for the past 6 months?


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## Northface (Dec 27, 2017)

Crawford said:


> What were the gross amounts on the payslips which you provided for the past 6 months?


Gross amount on on my pay slips was £1666.35


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## Crawford (Jan 23, 2011)

Northface said:


> Gross amount on on my pay slips was £1666.35


If that was the case (the above amount on each of the 6 payslips) then you would have met the 18,600 GBP annual requirement.

You have already stated that your September gross income was 834.00 - you applied in November.


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## Northface (Dec 27, 2017)

Correct.


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## clever-octopus (May 17, 2015)

But you said your lowest gross payslip submitted was £833.34


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## Crawford (Jan 23, 2011)

Northface said:


> Correct.


To clarify:

Please state the gross payment for *EACH of the 6 payslips* which you provided for the past 6 months.


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## Northface (Dec 27, 2017)

Out of the 6 months, my 1 wage slip was short of the 1666.35 
so 5 x £1666.35
and 1x £833.00

would they consider me under cat b under compassionate grounds, if i send them 12 months statements and wage slips ?

I have made this error I believe...

If I returned the admin review forms along with my supporting evidence with the appendix form with cat b with 12 months slips, statements showing the 18600... what would be the chances of them accepting this...
As I have been in employment for over 12months with the same company.


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## nyclon (Apr 3, 2011)

Northface said:


> Out of the 6 months, my 1 wage slip was short of the 1666.35
> so 5 x £1666.35
> and 1x £833.00
> 
> ...


What compassionate grounds?

The wording of the letter may not have been quite correct, but you were correctly refused. 

Your option at this point is to reapply when you meet the requirement under Category A or B.


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## Northface (Dec 27, 2017)

What do you think??


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## WestCoastCanadianGirl (Mar 17, 2012)

Northface said:


> What do you think??


Reapply when you have 6 (six) wage slips showing >£1550/month gross pay and then reapply - this can be as early as the beginning of April (or whenever you receive your March pay slip, assuming that you still earn the aforementioned £1666.35/mo gross). 

_Do not_ appeal the current refusal... appeals can take a year (or more) to be reviewed and, seeing as you have been _correctly_ refused, you _will not_ win (there are no ‘compassionate grounds’ to be considered in your case - you have failed to meet the financial requirement, plain and simple) and the appeal would mean that you’d be separated from your wife for the time it took for the appeal to work its way through the system _plus_ the time it would take for the subsequent new application to be adjudicated; if you reapply this spring, she could (theoretically) be here by June. 

Also, forget going for priority processing... not worth it as a refused Visa application automatically incurs closer scrutiny and further checks and inquiries. ‘Priority’ only guarantees that the application goes to the front of the queue to be adjudicated (as opposed to the back with all of the non-priority applications received at the same time) and _doesn’t_ guarantee that the application will be considered in a predetermined amount of time - it’s going to take as long as it takes.


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## Northface (Dec 27, 2017)

What if i applied under cat b, send 12 months statements and wage slips. Would my wage slips 11x 1666.35 & 1x 834.00 be sufficient to staisfy the financial requirement? 
I have been with working with my company for 16 months, i can produce statements and slips from december 2016 - december 2017

Hi guys,

I recently applied for the spouse settlement visa. I applied under cat a but was refused due to 1 (one) wage slip which was below the 1550 gross hence not meeting the financial requirement.

I have been employed with the same company since aug 2016, should i re apply under cat b showing my 12month wage slips and statements in a chance of getting approval, my salary is fixed and i earn above the threshold.

An ecm review for my previous case is a total waste of time, please someone shed some light .....


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## Northface (Dec 27, 2017)

Any body ??


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## nyclon (Apr 3, 2011)

Do you meet the financial requirement under Category B (as well as all other requirements)? If your you meet all tge requirements then you should be successful.


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## Northface (Dec 27, 2017)

The financial requirement is £18600, i have 11x slips £1666.36 + 1x slip £833.00.
Im above the threshold, can provide bank statements corresponding to my wage slips.


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## chazzeee (Jan 6, 2015)

I may be able to help, or at least advise. I went through something similar 3 years ago, refused for a different reason but just as mesmerising. I recommend you appeal back to the office where the decision was made. Include every possible document to support evidence of your annual income including your annual tax statement if it's relevant. Also set out your argument why the decision is wrong, but do it nicely.
<snip>I live in the UK and British


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## nyclon (Apr 3, 2011)

chazzeee said:


> I may be able to help, or at least advise. I went through something similar 3 years ago, refused for a different reason but just as mesmerising. I recommend you appeal back to the office where the decision was made. Include every possible document to support evidence of your annual income including your annual tax statement if it's relevant. Also set out your argument why the decision is wrong, but do it nicely.
> <snip>I live in the UK and British


The poster did not meet the finacial requirement at the time of application so an appeal is pointless.


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## Jessler1 (Apr 6, 2017)

Hi, I had a similar situation recently. The British citizen has to show proof that there they are earning enough to support their spouse. It appears that your spouse is not earning 18600 per annum. Although it is not much less (18.333.38 per annum), they will not accept it.
As they advised, you will have to put that amount (shortfall x 2.5 + 16k savings) into a bank account for 6 months and you will only be able to re-apply after 6 months with proof of that bank account.
Please do not appeal as you will be wasting your money.

Regards 



Northface said:


> Spouse settlement (wife)
> 
> Applied in Nov 2017 using the priority service, contacted for collection Dec 2017 (today) and not what i was hoping the answer would be.
> 
> ...


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## Northface (Dec 27, 2017)

Should i re apply under cat b straight away showing 12months slips and statements 

Or 

Wait until march payslip so my x6 wage slips show £1666.37 and apply under cat a


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## Jessler1 (Apr 6, 2017)

You need a letter from your employer stating that you are earning more than 1550 per month before deductions. You can attach any recent payslips showing this amount. This will be for proof that you are earning this amount. You dont have to send 12 payslips. You can re-apply straight away if you can show proof that you are earning more than 1550 per month.



Northface said:


> Should i re apply under cat b straight away showing 12months slips and statements
> 
> Or
> 
> Wait until march payslip so my x6 wage slips show £1666.37 and apply under cat a


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## Northface (Dec 27, 2017)

So if I re apply using the 'Cat B' route
I can show my my 12months earning the 18600 + with the same employer, except 1month slip would show £833.34 gross while the other 11 slips would show £1666.67 gross.

Would this suffice ?


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## WestCoastCanadianGirl (Mar 17, 2012)

Jessler1 said:


> You need a letter from your employer stating that you are earning more than 1550 per month before deductions. *You can attach any recent payslips showing this amount. This will be for proof that you are earning this amount*. You dont have to send 12 payslips. You can re-apply straight away if you can show proof that you are earning more than 1550 per month.


Not going to cut it... the guidance specifically asks for payslip_s_ and bank statement_s_ for the _entire time period_ in question - if they aren't supplied, then the application will be refused (again) and a second refusal is something that OP and wife does not want/need at this point in time.


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## Northface (Dec 27, 2017)

WestCoastCanadianGirl said:


> Not going to cut it... the guidance specifically asks for payslip_s_ and bank statement_s_ for the _entire time period_ in question - if they aren't supplied, then the application will be refused (again) and a second refusal is something that OP and wife does not want/need at this point in time.



Any light into cat b route ?


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## Joppa (Sep 7, 2009)

To be precise, to meet the first part of Cat B, you need proof of earning specified amount (£18,600 if you don't have non-EEA children) at the time of application, which will be a letter of employment dated within 28 days. For the second part of Cat B, you need payslips covering the last 12 months from the current and any previous employment(s) with corresponding bank statement showing you have earned the specified amount. Your payslips are fine if you are in an unsalaried job, where your income is averaged out. Reading your earlier posts, it appears you are salaried, with the low pay in Sept because of taking time off, so you need to wait until next Sept when that payslip drops out of calculation, or apply under Cat A after Mar 2018 pay.


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## Northface (Dec 27, 2017)

I would like *Thank You* for making the effort to reply.
It has been quite difficult to come to terms with the outcome on my application.
What a nightmare


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## Joppa (Sep 7, 2009)

Pity you didn't consult us before making your application, as we could have told you that you didn't meet the requirement. So wait till March to reapply.


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