# Spouse visa refusal put on hold



## rajasekar (Sep 19, 2013)

my wife spouse visa refuse and put on hold.here is what my wife receive email from visa officer:
your application for entry clearance/leave to remain under paragraph EC-P.1.1 of appendix FM to the immigration rules has been considerd.your application falls to be refused solely because you do not meet the evidential requirements underappendix FM-SE for the income thershold.the documents and or information missing are as follows:
The employment letter from xxxxxxxx confirms your sponsors employment,employment type,length of employment but does not confirm his gross annual salary or the length of time that salary has been paid. i note that your sponsors P60 for the previous financial year shows a gross annual income with the same employer of £11,751.
This application was made on 30/05/13,the most recent pay slip for April2013 has not been included.
A decison on your application has therefore been put on hold untill the courts have decided the outcome of the secrtary of states appeal in a legal challenge to the income threshold requirment. Your application will be reviewed and a decison taken on it once the outcome of the legal challenge is known.this may not be for several months at least.
In the mean time,if you sumit any further information or documents relating to your circumstances,and/or those of your sponsor,as they were at the date of your application,or in the relevant periods prior to that date,this will be considerd.If, on the basis of this further information or documents,your application meets all the reqirments of the immigration rules, a decison will be taken on your application and it will be granted.

yours sincerly,
xxxxxxxxxxx
Entry Clearance Officer
UK Visas Immigration.
this is my wife recived emil from visa officer, the e mail coming with visa officer name name. 
pls some one give me advice what can i do now.what documents i need to send now? thanks


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## Leanna (Oct 22, 2012)

rajasekar said:


> my wife spouse visa refuse and put on hold.here is what my wife receive email from visa officer:
> your application for entry clearance/leave to remain under paragraph EC-P.1.1 of appendix FM to the immigration rules has been considerd.your application falls to be refused solely because you do not meet the evidential requirements underappendix FM-SE for the income thershold.the documents and or information missing are as follows:
> The employment letter from xxxxxxxx confirms your sponsors employment,employment type,length of employment but does not confirm his gross annual salary or the length of time that salary has been paid. i note that your sponsors P60 for the previous financial year shows a gross annual income with the same employer of £11,751.
> This application was made on 30/05/13,the most recent pay slip for April2013 has not been included.
> ...


Did you meet the financial requirement at the time of application? What documents did you provide with your application to back it up?


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## rajasekar (Sep 19, 2013)

first thank u very much ur reply leanna.this is i was send with application:
1.Job aggrement(start sep2012)
2.7 month pay slips(sep2012 to march 2013)
3.P60 2012-2013 with £11,751( this p60 have only 7 month with current employer sep2012to march2013)
4.Employer letter( but missing mesioned annual gross salary.)
Can u pls tell me what can i do now. i am waiting for ur reply leanna.thanks


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## Joppa (Sep 7, 2009)

What about bank statement?


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## Harun (Jan 27, 2013)

What category did you apply under? CAT A or CAT B? The reason I ask is because you say you supplied 7 months of pay slips.
CAT A requires 6 months of pay slips (not any below £1,550.00)
CAT B requires 12 months of pay slips (if you add them all together they must give you a total of £18,600 +)

Also you applied in May but didn't include the most recent pay slip under the 28 day rule which would've been April.

Employment letters/contracts always should state your hourly rate or annual gross salary.


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## rajasekar (Sep 19, 2013)

i am missing to tell u 
1. I was send 7 month bank statment


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## Joppa (Sep 7, 2009)

You failed to send the April pay slip, as your March one fell outside the 28-day limit when you applied in May, and there were some missing details from your employment letter. So you can still send in the missing items and ask them to reconsider.


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## rajasekar (Sep 19, 2013)

HI, i apply under CAT A,but some month more than £1,600 some month less than £1,550.but when i calculated 6 month total is more than £9,600. what we going to do now can we send april month payslip with employer letter, u think this will be accepted?


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## rajasekar (Sep 19, 2013)

Thank u very much your reply jobba can u check for all this details good for send it to ECO:
1.Rest of the payslip APRIL2013 TO AUGUST2013
2.Rest of the bank statments from april.
3. employer letter with my annual salary 
and when i was receive my august pay slip finish my 1 year job with my current employer .so when i calculated £11,750.32 +£7960.34(april-august)=£19710.66. you think ECO will consider this .thanks again ur reply.


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## Joppa (Sep 7, 2009)

> In the mean time, if you submit any further information or documents relating to your circumstances, and/or those of your sponsor, *as they were at the date of your application, or in the relevant periods prior to that date*, this will be considered.


So don't send any material dated later than your original application date of 30th May. So include only your April and May payslips (if dated on or before 30th May) and corresponding bank statement, plus your revised employment letter.


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## rajasekar (Sep 19, 2013)

Thank u jobba just i am little relax now. can u tell me normally how many days take time to re concider.when my wife receive email coming with ECO name,so can i send her name?


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## Joppa (Sep 7, 2009)

Yes, send to the same person.
Hard to say how long this will take but hopefully less than waiting for the outcome of government appeal.


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## Sofyane (Mar 8, 2013)

Joppa said:


> Yes, send to the same person.
> Hard to say how long this will take but hopefully less than waiting for the outcome of government appeal.


Joppa he mentioned that some payslips less than £1550 p/m. if one of them falls during the 6 months period then he will have no chance to reverse the decision as the rule is to take the lowest and multiply it by 12.

And he applied under Cat A.


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## Sofyane (Mar 8, 2013)

rajasekar said:


> Thank u jobba just i am little relax now. can u tell me normally how many days take time to re concider.when my wife receive email coming with ECO name,so can i send her name?


could you let me know how long did you have to wait until your wife received the reply from th edate you submitted the application.

Thanks


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## Joppa (Sep 7, 2009)

Sofyane said:


> Joppa he mentioned that some payslips less than £1550 p/m. if one of them falls during the 6 months period then he will have no chance to reverse the decision as the rule is to take the lowest and multiply it by 12.
> 
> And he applied under Cat A.


That only applies to salaried employment. For non-salaried, such as hourly-paid or zero-contract, where pay depends on the number of hours worked, they take an average monthly income over 6 months and multiply by 12. If it comes to £18,600 or more, you meet the requirement, even in some months the pay is less than £1,550. I assume the OP has non-salaried job.


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## rajasekar (Sep 19, 2013)

hi ,exactly after 58 working days she receive this refused email.


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## rajasekar (Sep 19, 2013)

Joppa said:


> You failed to send the April pay slip, as your March one fell outside the 28-day limit when you applied in May, and there were some missing details from your employment letter. So you can still send in the missing items and ask them to reconsider.


hi,jobba i have one more qustion what about employer letter with new date?it is ok?, i know april payslip will be accepted but i have dout with employer letter can u clear me pls.thanks


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## Joppa (Sep 7, 2009)

> The employment letter from xxxxxxxx confirms your sponsors employment, employment type, length of employment *but does not confirm his gross annual salary or the length of time that salary has been paid*.


So get a new letter addressing those details.


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## rajasekar (Sep 19, 2013)

hi jobba can u check for me this letter is ok?

Date: 24 september 2013

To whom it may concern:

I, xxxxxxxxxxxxxxxxx owner of xxxxxxxxxx store, confirm that Mr xxxxxxxxxxxx has been in permanent full time employment with my business since September 04, 2012 till date. His gross income as per his P60 for financial year 2012/13 is £11,751.32 and his gross earnings for the current financial year are as follows 

April 2013 – £1,609.40
May 2013 - £1,578.45
June 2013 - £1,547.50
July 2013 - £1,615.59

Total - £6,350.94

His total gross earning while in employment for my business since September 01, 2012 till July 31, 2013 is £18,102.26.

Based on his current earnings, his gross salary annually is £19,700.00


If you require any further information, please do not hesitate to contact me.




Kind regards
xxxxxxxxxxxxx


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## Aliyakz (May 8, 2013)

Sofyane said:


> could you let me know how long did you have to wait until your wife received the reply from th edate you submitted the application.
> 
> Thanks


I had the same case, I waited for 9 weeks.


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## rajasekar (Sep 19, 2013)

hi, i dont understand r u waiting after u apply visa or after refusal u send further details


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## rajasekar (Sep 19, 2013)

hi,jobba i am waiting for your reply before i send my employer letter to ECO. thanks for ur reply.


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## Joppa (Sep 7, 2009)

Should be fine.


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## rajasekar (Sep 19, 2013)

thank u so much jobba.


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## Joppa (Sep 7, 2009)

I'm not jobba, but Joppa!


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## rajasekar (Sep 19, 2013)

rajasekar said:


> hi jobba can u check for me this letter is ok?
> 
> Date: 24 september 2013
> 
> ...


hi JOPPA the letter reach the british high commison, can i send email to ECO and ask them for they accepted my employer letter or not? u think they will reply my email?


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## rajasekar (Sep 19, 2013)

hi, i send email to chennai visa enquiry ,after 3 hours i get reply from like that:

Thank u for ur email

Your application under process you will informed once decison made.


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## rajasekar (Sep 19, 2013)

Joppa said:


> So get a new letter addressing those details.


hi,joppa i send email enquiry to chennai visa office after 3 hours later i got reply:

Dear mrsxxxxxxxxxxx

Thank you for your email

Your application under process and you will be informed once a decision is made.

joppa can u pls tell me u think they now take reconsider my application or when we send email same reply.


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## Aliyakz (May 8, 2013)

I just got visa! After you submit additional docs it only takes a day!


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## ppretty (Jun 13, 2013)

I have seen a few postings stating additional docs were requested by Entry clearance officer. Is this because of the financial threshold appeal? this seems quite new before July they weren't asking for additional documents on finances


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## rajasekar (Sep 19, 2013)

Aliyakz said:


> I just got visa! After you submit additional docs it only takes a day!


First congrats to u! your application very fast i think your country dont have too much applications thats why u got answer very quick,but my place very busy too msny applicatiions because the chennai visa office dealing indian application and srilankan application aswell!! i hope very soon i will get answer!


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## Joppa (Sep 7, 2009)

Indian visa offices are the busiest in the world and despite substantial staff, processing times are long, and also from past experience, applications there need in-depth scrutiny and verifications.


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## rajasekar (Sep 19, 2013)

Joppa said:


> Indian visa offices are the busiest in the world and despite substantial staff, processing times are long, and also from past experience, applications there need in-depth scrutiny and verifications.


joppa what u think my e-mail reply? u think they taken my application for reconsider?


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## Joppa (Sep 7, 2009)

It's just a standard reply and you can't read anything into it.


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## krish84 (Jul 16, 2013)

hi all my spouse visa application apply on 21/06/2013.after four months i received e mail which i give u below.
.Dear Mr xxxxxxxxxx

Your application for entry clearance/leave to remain under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and or the related evidential requirements under Appendix FM-SE. 

You have submitted pay slips from your sponsor’s employment at Poundland from 1/6/12 to 31/5/13, however the pay slip for 12/4/13 is missing.

You have submitted Barclays Bank statements for account number xxxx814 from 1/6/12 to 31/5/13. There is no credit showing in the bank statement for the period of the missing pay slip on 12/4/13. There is no explanation as to why there is no pay slip or credit into your bank account. 

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website.

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least. 

In the meantime, if you submit any further information or documents relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant periods prior to that date, this will be considered. If, on the basis of this further information or documents, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.* 

Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (for example, in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.*

Yours sincerely,


Entry Clearance Officer
UK Visas and Immigration 
reason "my wife was in Canada in that date


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## krish84 (Jul 16, 2013)

please tell me what i have to do ?


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## Leanna (Oct 22, 2012)

krish84 said:


> please tell me what i have to do ?


Why did you not include the one payslip that they mentioned and did you meet the financial requirement? What evidence did you provide?


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## krish84 (Jul 16, 2013)

in first of all thank u for reply leanna
yes i meet the financial requirement because my wife working two jobs .the problem is on that date she was in Canada for holiday(with her family).so already we write this matter on the covering letter and we give the photo copy of passport arrival seal but they send me the email like this i don't know what to do. please explain me what i want to do


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## OrganisedChaos (Mar 26, 2013)

Did she get paid holiday during that time? The payslips need to be continuous for a full 12 months.


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## krish84 (Jul 16, 2013)

OrganisedChaos said:


> Did she get paid holiday during that time? The payslips need to be continuous for a full 12 months.


thank u for the reply 
yes she had 3 weeks holiday .but they paid 2 weeks only. which mean 05/04/2003 to 12/04/2013 pay slip is missing. they didn't pay her


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## 302993 (Oct 8, 2013)

Hi,I wonder if you can tell me if it's OK.We are applying under Cat A salaried employment and we'll provide 6 months payslips:from May 2013-October 2013,not including April (half month payslip) since we don't want to confuse an Entry clearance officer under which category we are applying. My husband 's employment started on the 17th April and he got a half of his monthly payment dated from 17th April till 30th May 2013, so we should not to include it or should we?


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## Chris1708 (Mar 11, 2013)

You could include it if you wish but it's not necessary as long as you have 6 months' full slips from May to October. I included 16 months of payslips just because I had them available but I think that was probably a little over the top.


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## Water Dragon (Jun 28, 2011)

Missis D said:


> Hi,I wonder if you can tell me if it's OK.We are applying under Cat A salaried employment and we'll provide 6 months payslips:from May 2013-October 2013,not including April (half month payslip) since we don't want to confuse an Entry clearance officer under which category we are applying. My husband 's employment started on the 17th April and he got a half of his monthly payment dated from 17th April till 30th May 2013, so we should not to include it or should we?


It is best to only provide exactly what is required and to make it as simple and straightforward as possible. So, your thinking of sending the May-Oct slips is a good one.


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## rajasekar (Sep 19, 2013)

Joppa said:


> Indian visa offices are the busiest in the world and despite substantial staff, processing times are long, and also from past experience, applications there need in-depth scrutiny and verifications.


i was send email to chennai visa office and i got reply like that:

Dear Mrs xxxxxxx

Thank you for your e-mail.



We have received the documents and your file is in queue for re-assessment by an Entry Clearance Officer. We will keep you updated on the outcome of the same.



We understand it is very unsettling for you and your spouse. However, your continued patience is truly appreciated.



Yours sincerely



Casework Team 
UK Visas and Immigration | South India and Sri Lanka British Deputy High Commission, 20 Anderson Road, Chennai 600 006, India | Fax : (91) 44 42192320, | * : [email protected] | Web : UK Border Agency | Home Page UK Visa Information - India - Home Page


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