# UK Spouse Visa Refused



## hamadkhan1 (Jul 17, 2018)

Hello everyone,

I hope you all doing well. 

I want to share my story so far with my UK spouse Visa application being rejected/refused.

I applied for my spouse Visa from UK in March 2018 as Priority.
it was refused in April 2018 because I didn't meet financial requirement (which I Did).
other then that everything else was met in application.

I submitted appeal , below are my timeline so far.

Applied for Visa online in UK: 13 march 2018
Visa Refused, received letter : 19th april 2018
appealed : 30th april 2018 
appealed payment taken on 15th may 2018
Notice of pending appeal received on 20th June 2018

since then I have not received anything else. 


my question is , will I receive a letter or email once a decision has been made or will my solicitor will get a email or letter,
and how long usually it takes for a decision to be made. 

any advice would be appreciated 


Thank You 
Hamad


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## Crawford (Jan 23, 2011)

You could be waiting up to a year........


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## hamadkhan1 (Jul 17, 2018)

and is there no way to escalate the appeal case or make urgent request on this..


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## Joppa (Sep 7, 2009)

Not really.


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## hamadkhan1 (Jul 17, 2018)

what does the chances look on my appeal
my UK visa case was refused because they said I earn 18,300 but I don't.
I earn 20,000 annually.
I submitted 8 months wage slips, bank statements (originals), and letter from company.

in the appeal my solicitor submitted 8 months wage slips, bank statements (originals), and letter from company as well as contract letter of my job, wage slip structure explaining how we get paid monthly. 

Thank You


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## Joppa (Sep 7, 2009)

You should have gone for administrative review instead of full appeal, as Home Office appears to have made a clerical error. This normally takes about 1-2 months.


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## hamadkhan1 (Jul 17, 2018)

ohh,, I though my solicitor would know better, that why I left everything is my solicitor hand. well I guess o will just have to wait and see if they can overturn the original decision or might have to go court ....

by the way thanks for taking time and replying to my post
appreciate it


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## hamadkhan1 (Jul 17, 2018)

the Notice of pending Appeal Letter I received on 20th June 2018 suggest , there will be something for us to hear within 15 weeks which like 3 and half months. do they usually contact you within that time scale or is that just a standard message on everything Notice of pending appeal letter. 


Thank you 
Hamad


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## Whatshouldwedo (Sep 29, 2013)

Have you thought of re-applying? I realise it is not fair that you should pay again for an error for which you are not responsible but, once you supply all the required documents, the visa should be processed much more quickly than an appeal.


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## hamadkhan1 (Jul 17, 2018)

to be honest that's what I wanted to do when I first saw my refusal. but my solicitor said because this is a small mistake made by HO. and we should sent all relevant documents with congrats letter from my company, with HR letter, wage slips , original bank statements etc and they should overturn. but now I have doubts because I have not heard anything since I received the Notice of pending appeal letter on 20th June 2018. 

im not too sure what I should , either wait for the 15 weeks to complete and see if I hear anything within that time scale or should I re apply fresh new application.


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## Joppa (Sep 7, 2009)

Pity your solicitor didn't go for administrative review. You should have heard from them by now.


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## hamadkhan1 (Jul 17, 2018)

*Hi Joppa*

I still have not heard anything from ECM weather the appeal case has been overturn or Not. 
I still have not recived any bundle from ECM ( don't know if that's a good thing or Not.)
my deadline is on 1st October 2018 of 15 weeks,.


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## Crawford (Jan 23, 2011)

hamadkhan1 said:


> what does the chances look on my appeal
> my UK visa case was refused because they said I earn 18,300 but I don't.
> I earn 20,000 annually.
> I submitted 8 months wage slips, bank statements (originals), and letter from company.
> ...


Why 8 months of payslips? It's either 6 months for Cat A or 12 months for Cat B.


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## Nasera (Feb 27, 2016)

Crawford said:


> Why 8 months of payslips? It's either 6 months for Cat A or 12 months for Cat B.


I noticed that as well, why 8 months?
That does not sound right, what category were you applying under?



hamadkhan1 said:


> what does the chances look on my appeal
> my UK visa case was refused because they said I earn 18,300 but I don't.
> I earn 20,000 annually.


Just a guess but what was the lowest value you were paid in a month from your last 6 months payslips?
If it was 1525 then they are right to say that you only earned 18,300. Under category A they take the lowest monthly earned amount from the payslips supplied and times by 12 to work our your annual salary. It's not enough to just say that you earn 20,000.


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## hamadkhan1 (Jul 17, 2018)

6 months for Cat A
my solicitor posted 8 months because he said to be on the safe side we will post 8 not sure why he didn't just post six. 

my deadline of 15 weeks on 1st October 2018. 
still not me or my solicitor haven't received any bundles. 
im really nervous I though my appeal would have been straight forward but I guess its not simple as it looks.


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## londoner007 (Feb 13, 2017)

The 8 payslips you sent, can you post the month amounts stated on each one of them?

I am afraid with HomeOffice more is not always better or wise. If they expect 6 months paylsips they want 6 months - anything more will either annoy or confuse them


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## hamadkhan1 (Jul 17, 2018)

hi 
thanks for the reply back

i am not sure why he sent 8 wage slip instead of 6 , 
basically me (sponser) i get paid 20,000 year salary
as a employee we get paid £1533.00 every month expect in March every year we get paid twice of £1533.00.

my initial visa application got refused becase they seen 1533.00 on wage slip and they didint know that we get paid 13 times a year.
even know i had a HR company letter stating i get paid 20,000
but to be fair my wage slip didint match the annual because my solicter diidnt mention i get paid 13x1533.00.

so in appeal we have now sent 
HR letter sttaing we get paid 13 times a year
contract letter when i joined the comany
6 wage slips including march whcih shows i get paid twice and the rest month i get paid once.
orignal bank sttamnets showing the payment form company.
HR company structure which shows how the payment is balanced every month.


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## romado (Aug 13, 2018)

hamadkhan1 said:


> hi
> thanks for the reply back
> 
> i am not sure why he sent 8 wage slip instead of 6 ,
> ...


I'm afraid they are right, if you applied on cat A. As it was mentioned here several times, they take least gross from your last 6 payslips and multiply by 12. If threshold isn't met, they refuse. They don't really care how many times your salary per year. 

I think, You had to apply with Category B (Less than 6 months with current employer or *variable income* – person residing in the UK), and provide 12 payslips to show that in 1 month you're getting 2 salaries.



> Where the person is in salaried employment – they must have been paid throughout
> the period of 6 months prior to the date of application at a level of gross annual salary
> which equals or exceeds the level relied upon in the application. Therefore the figure
> used towards the requirement will be the lowest level of annual salary received during
> the 6 month period.


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## londoner007 (Feb 13, 2017)

is the £1533 gross pay i.e. before any tax deductions?


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## hamadkhan1 (Jul 17, 2018)

hi again thanks for the reply back guys 

i wasnt sure what to do as my company wage structure is not that straight forward.
thats why i had a solicter though he would know better how to explain/ write the letters or explain etc. 


the £1533.00 is monthly wage inclduing tax.

when do you normally recieve the bundle if the case will go to court.
any idea or can that come in any time within the 15 weeks ?


thanks
hamad


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## romado (Aug 13, 2018)

hamadkhan1 said:


> hi again thanks for the reply back guys
> 
> i wasnt sure what to do as my company wage structure is not that straight forward.
> thats why i had a solicter though he would know better how to explain/ write the letters or explain etc.
> ...


Hamad, you had to consult/hire immigration adviser, not solicitor. 

UKVI doen't really care about letters with explanations, they only look facts. 

The reality is that you applied under Cat A which has *strict requirement* of minimum 1550 GBP per month, which is obviously more than your gross of 1533. Cat A requires 6 payslips, none of which should have less than 1550 GBP. If at least one has less than 1550 GBP it is solid ground for refusal.

Again, in my opinion you had to apply under category B and provide evidence that your income is more than 18600 based on 12 payslips.


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## londoner007 (Feb 13, 2017)

No its not and also solicitors are legal advisors for immgration too!


£1533 including tax would equate to around £1900 gross - you more than meet the requirements. 

Something is not right here - can you post each months payslip details for all 8 othwerwise cannot see what the mistake is


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## Crawford (Jan 23, 2011)

londoner007 said:


> No its not and also solicitors are legal advisors for immgration too!
> 
> 
> £1533 including tax would equate to around £1900 gross - you more than meet the requirements.
> ...


The OP applied under Cat A. For this category one must be earning the minimum of 1,550 GBP per month gross in order to equate to 18,600 GBP per annum - the applicant must present* 6 * payslips to show they qualify.

The OP did not present 6 such payslips. His payslips show a gross of 1,533. The OP does not qualify under Cat A. 

Yes, he has said he earns an extra 1,533 in the month of March; however this does not qualify him under Cat A.

He should have applied under Cat B, showing that a full year's payslips equates to 18,600 GBP.


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## londoner007 (Feb 13, 2017)

The OP has mentioned the £1533.00 per month is including tax. If it was Net pay of £1533.00 on each of the 6 payslips then he would have met the requirement.

Otherwise CAT B should have been used.

Anywayz I will leave it as he is not clarifying if its Gross or Net pay or posting details of the figures as specifically stated on payslip.

All the best to him.


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## hamadkhan1 (Jul 17, 2018)

*appeal spouse visa*

hi thanks for the reply back guys
i will post the 8 wage slip my solicter/immigater adviser sent to the appeal case/tribunal on the 30th April 2018.


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## hamadkhan1 (Jul 17, 2018)

its not allowing me to insert attach the wage slip i have.
they are in PDF format.
but theres no link attachment for me to attach the files on here.
any idea where i can attach them on this form?

thanks
hamad


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## hamadkhan1 (Jul 17, 2018)

i have attached the follwoing 8 wage slips my solicter sent 
please see the attachment


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## londoner007 (Feb 13, 2017)

Do not upload the actual payslip it has your address and other details - please remove it

The bit I was interested in was:
Taxable Payments This 1,533.20
Pensionable Pay This 1,533.20
Employer's NI This 124.92
Employer's Pension 10.81

So yes, it is *£1,533.20* so unfortunately you do need meet criteria of CAT A. Your solicitor should have applied under CAT B which you meet - if I was you i'd be very very cross with them!


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## hamadkhan1 (Jul 17, 2018)

i expected better from my solicter/legal immigration worker,
so now most like the ecm will not over turn my case ?
also i am still waiting for the bundle to come back. (not recived it yet)
do every one get the bundle back?
my appeal was sent as fax , does that make difference?


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## londoner007 (Feb 13, 2017)

There is possibility ECM can over-turn decision but there may be a wait.

The double payslip of March is what has messed this up for CAT A, whereas CAT B would have been easily met.

You can wait for ECM or re-apply under CAT B


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## hamadkhan1 (Jul 17, 2018)

thank you for the reply londer007,
yeah that would have been better if my solicter went with CATB option, 
i am going to wait and just try to be paitent for ECM can to reply back to me.
im not feeling confidence to be honest now, i think i may get get rejected by ECM and will probley make it clear with solid evidence facts at court.
is it possible if the ECM take longer then the actual 15 weeks?
if this does go to court, what sort of tiem frame i am looking at , months ?


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## londoner007 (Feb 13, 2017)

You could be waiting around 12-18 months for tribunal. If you feel you have strong chance to win and can wait then wait, otherwise might be quicker to re-apply. 

This time dont use the same useless solicitor.


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## hamadkhan1 (Jul 17, 2018)

yes lesson learnt
always go for experience immigration/solicitor someone that clearly knows what best for clients.

anyway I will let you guys know as soon as I get latest update,


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## londoner007 (Feb 13, 2017)

Dont just rely on solicitor 100%, do your own research so you have a idea yourself what sort of documents you need to send off.

All the best InshaAllah


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## hamadkhan1 (Jul 17, 2018)

jazakallah, I am hoping this will be a success 
I shall wait and see, 
is it usual they can take over 15 weeks from the time scale they quoted or do they usually hit there target time deadline.

thank you
hamad


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## londoner007 (Feb 13, 2017)

15 Week deadline is for the Home Office to look at the decision again and if they dont change their mind then you await for a hearing date. 

You may want to see if they change their mind, and then decide if you want to wait for tribunal


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## hamadkhan1 (Jul 17, 2018)

oh ok, thanks for the reply back, appreciate the response, 

I will wait see if I hear anything back after the deadline is gone, if I don't hear anything can I still re apply for fresh new application while this appeal is in process. 

Also would I need new TB certificate as the old one expired in august 2018.


thanks
hamad


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## londoner007 (Feb 13, 2017)

If you re-apply you will need to provide up to date documents again. If you mean if they change their mind would you need to do TB again - answer is no


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## hamadkhan1 (Jul 17, 2018)

oh ok I understand. 

I just recived an email from IAC customer service

Thank you for your email.



The IA10 (Notice of Pending Appeal) was sent to the Appellant, Representative (if applicable) and Respondent on the 18 June 2018. This notice is for your information only as it is for the Home Office to action.



The Entry Clearance Officer at the Home Office has been given until the 1 October 2018 to review the original refusal decision.



If the Entry Clearance Officer overturns the decision, they will contact the Appellant accordingly, however, if they decide that the refusal was correct, the appeal will then be decided at a later date by a First-tier Tribunal Immigration Judge in the UK.



No further action is required from you at this stage.



Please quote your Tribunal Appeal Number in all correspondence when contacting us, as we may not be able to assist you without it.



Please note that a Sponsor is only entitled to receive the Notice of Hearing. No other document will be sent to a Sponsor.



Please note that we are unable to provide timeframes for the appeal process (as a whole or each procedure within the process) due to a number of varying factors.


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## londoner007 (Feb 13, 2017)

Wait until around beginning of October and then see what you want to do. Hopefully it gets overturned.


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## hamadkhan1 (Jul 17, 2018)

just an update ,

I just rang Appeal tribunal asking for an update
they advice the home office/ecm still haven't made a decision yet. the deadline for ecm is on 1st October 2018. 

the bundle they said has not been sent and they advise if I don't hear anything within next two weeks I will get a letter via post with hearing date. 

I think mine is looking towards going to court for hearing. 

I ll keep u guys up to date soon as I hear anything.


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## Raheemo (Feb 13, 2018)

hamadkhan1 said:


> Hello everyone,
> 
> I hope you all doing well.
> 
> ...


Hi ,
You will need to wait up to 1 year to be heard in the court .I am in the process like you I been refused my extension spouse visa last October 2017 and my hearing is on 26th September 2018.

Make new pape ready in the mean time


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## hamadkhan1 (Jul 17, 2018)

Hi Raheemo,

All the best for the court hearing, hope it goes succesfull for you.

whats your hearing regards on, spouse visa extention or spouse visa refisal to UK ?


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## hamadkhan1 (Jul 17, 2018)

Hi Guys,

Just an Update on my appeal, I have received a letter from tribunal for my court hearing.
the court hearing date is 11-01-2019 (just Over 3 months)

my question is can the ECM still overturn my appeal while im waiting for court hearing or Not?


Many Thanks
Hamad


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## hamadkhan1 (Jul 17, 2018)

Hi Everyone,


I hope you are all well,
I received my spouse visa application withdrawal email on 30/11/2018 and my solicitor received letter through on 3rd Dec 2018 (today)

what happens next 
what step do I need to take next
or what am I expecting next to do...

any advice would be appreciated 


Thank You
Hamad


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## Raheemo (Feb 13, 2018)

If you received a withdrawal email from the home office it means that you will be getting your visa inshallah


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## visasUK (Dec 3, 2018)

hamadkhan1 said:


> Hello everyone,
> 
> I hope you all doing well.
> 
> ...


An appeal normally takes a few years. All the UK courts are busy dealing with refugees. 

The best thing to do is to withdraw your appeal and start again. You have to take what they did not like into the account and correct it.

If you need a help with your visa refusal please contact me. We help to obtain visas after it has been refused. 

Home Office has reduced staffing and is not as efficient as it used to be.


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## hamadkhan1 (Jul 17, 2018)

Hi Raheemo,

Thank you for the reply back, insha allah that day will come when the visa is granted,

do you roughly know how long it takes for the IHS payment link to be sent over after the case has been withdrawn?


Thank You 
Hamad


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## hamadkhan1 (Jul 17, 2018)

*call in letter*

Hi Guys,

any idea how long it can take for call in letter / passport submission letter to come through via email or post ?

my appeal was successfully overturned on 30th nov 2018
received withdrawal letter via post on 7th Dec 2018
received IHS payment on 7th jan 2019 and paid on same day. 

since then I have not received any email or instruction to submit passport

can I submit the passport now as I have receipt of IHS payment
or do I have to wait for a call in letter ?


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## uddin00 (Jan 13, 2019)

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Spouse/fiance visa appeal 2017 thread

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03:06 AM 12th January 2019 #801 Ebishak
Ash83 
Thank you so much for the reply We did the same yesterday contacted the MP regarding our ECM review so lets see what happens in coming weeks InShaAllah please every one pray for me.

05:00 PM 13th January 2019 #802 Maaz271
My timeline 
Standard Online application sub:10th November 2017 Refused on 320 (11) Feb 2018 Appealed feb 2018 Oral hearing 4th December 2018 Solicitor received decision on 7th Jan 2019 granted
06:49 PM 13th January 2019 #803 MY18
Quote:
Originally Posted by hamadkhan1 
Hi,
I am in similar position as you, I received the IHS payment link yesterday and payment is done, do I submit passport now or will I get another email asking to submit passport ? thank you
Hi, what was exactly said in the letter with the link? Were there any additional directions for you? Or was there only the link without a word?
07:30 PM 13th January 2019 #804 Mamamiya
Congrats.
I had my oral hearing on 13th of Dec and my lawyer and i are still waiting for the judge's decision. Have u been sent the link to make ur IHS payment and submit ur passport ? I wish you all the very best. Once again congrats.
Quote:
Originally Posted by Maaz271 
My timeline 
Standard Online application sub:10th November 2017 Refused on 320 (11) Feb 2018 Appealed feb 2018 Oral hearing 4th December 2018 Solicitor received decision on 7th Jan 2019 granted
07:49 PM 13th January 2019 #805 uddin00

Hi hamadkhan i need your advice..my wife spouse visa was refused on 27 december 2018. 
I applied with 2 jobs and savings. so thats Category B: 2 employement jobs ( total Â£17,910) Category D: cash savings combing with income (Â£24,900 held in current account for over 6 months) but the ECO ignored the category D: cash savings they refused it saying its not add up to Â£18,600 requirement. also they claim they only got 3 payslips out of 6 in my 2nd job..this is impossible..we sent all 6 payslips in the supporting bundle and all 6 payslips came back from the home office. Do you think its worth appealing? if it goes to court, do we have any chance of wining or is it better to apply again? thanks


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## uddin00 (Jan 13, 2019)

uddin00
Hi all i need your advice..my spouse visa was refused on 27 december 2018. 
I applied with 2 jobs and savings. so thats Category B: 2 employement jobs ( total Â£17,910) Category D: cash savings combing with income (Â£24,900 held in current account for over 6 months) but the ECO ignored the category D: cash savings they refused it saying its not add up to Â£18,600 requirement. also they claim they only got 3 payslips out of 6 in my 2nd job..this is impossible..we sent all 6 payslips in the supporting bundle and all 6 payslips came back from the home office. Do you think its worth appealing? if it goes to court, do we have any chance of wining or is it better to apply again? thanks


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