# spouse visa got rejected oct 2015 needs help!



## mrs rb (Oct 18, 2015)

Hello,
Seeking your suggestions about my refusal with a dependent kid.My husband is ILR holder ,gross income is 22,600£.Eco has refused visa on financial grounds and declare to provide FALSE information.
We have used category A and provided 6 months payslips that have lowest monthly gross salary is 1883.33£.
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He raised points :
Checks made with her majesty HM revenue shows your income from your current employee is xxxx.
But your payslip dated 5-4-2015(end of year )shows year to gross pay is xxxx.
However you stated in your appendix form that your sponser commenced his employment in nov 2014.
I do not find it creditable that he earned around xxx in nov.
I'm satisfied that false information has been submitted.
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Infact Eco did not even bother to consider p45 which states the exact amount in oct 2014 as my husband had been previous employed prior to his current job so year to gross pay should be (gross pay of previous employment + current monthly salary )which is listed on my first payslip which We got in 5th of dec and so on...
My april payslip should have year to date gross salary is ( gross pay of previous employment + total current employment earning till april ).

My question is why eco did not consider my p45 although in lawyers covering letter and in appendix form it had been stated several times .
And now he marked our information FALSE.
This word false makes me worry he should ask for missing document at this stage such as p60 or accountants letter to explain tax year to date.His allegation of November's earning is ridiculous as previous job left in October 2014.It a simple accountant paper work to know how this tax year counts if you have previous employment .

Now I appealed with p45 ,p60 and accountant letter.Is there any chance of Entry clearance manager to overturn his decision and please tell me as I read somewhere ECM is oblige to review every application before go to in the court as appeal bundle must have his statement if he will not overturn the refusal and the time frame for ECO is 28 days.
Is it true ??kindly help me as I'm losing hope everyone says appeal os a long route but maybe ECM will overturn this unlawful refusal in initial stages .


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## WestCoastCanadianGirl (Mar 17, 2012)

Can you please tell us a) what Category you applied under and b) the _exact_ wording of the refusal letter?

Based upon what you've told us, it's pretty much impossible to comment on the decision or give suggestions of a possible solution.


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## mrs rb (Oct 18, 2015)

WestCoastCanadianGirl said:


> Can you please tell us a) what Category you applied under and b) the _exact_ wording of the refusal letter?
> 
> Based upon what you've told us, it's pretty much impossible to comment on the decision or give suggestions of a possible solution.


I'm sorry if I'm unclear in my questions.
Firstly we have used category A of salaried employment to meet requisite financial requirement of 22,400£.
Secondly here is the attachment of refusal letter.


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## mrs rb (Oct 18, 2015)

Moderator please guide me ,if you have any question please dont hesitate to ask.I'll be grateful to you.


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## Marxoo (Oct 3, 2015)

mrs rb said:


> Hello,
> Seeking your suggestions about my refusal with a dependent kid.My husband is ILR holder ,gross income is 22,600£.Eco has refused visa on financial grounds and declare to provide FALSE information.
> We have used category A and provided 6 months payslips that have lowest monthly gross salary is 1883.33£.
> ------------------------------
> ...



ECO should overturn it on appeal. This is straight forward. You clearly did not state that at the particular month you were looking at income from two employments. Sorry to hear that but I reckon you will be fine. 

Don't worry much about the false document presentation. It was on the balance of probabilities.


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## mrs rb (Oct 18, 2015)

Thank you so much #Marxoo 
Its a great help indeed in such a frustration situation .
Really grateful to you.
Moreover ,they are two more things on my refusal which I have addresses in my appeal
1:not submitting the correct employee letter which contain all requisite information .
2ne of your payslip do not corresponds with your bank statement of that month.

Its not al together true as I indeed submit the correct employee letter but because they are two employee letter I suppose they consider one may be one would be miss placed.
And as far as my payslip do not correspond situation :the thing is my husband's employer had mistakenly paid him gross salary inspite of net salary show on said payslip but the very next day it had been refunded which can be clearly seen on said bank statement.
Anyhow I admit we should include a signed letter of employer to confess his mistake but not ours but Eco should consider evidence flexibility here as evidence was in front of him in form of said bank statement.
I have appealed with employer confession letter , 2 employee letters with employee contract,6 months payslips ,6 months bank statements,a letter from company's accountant , p60 and p45 as well to clear their miss-understanding.
Sent all documents by fax ,still awaiting for Tribunal letter of confirmation .Did I miss something ?


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## mrs rb (Oct 18, 2015)

Thank you Marxoo for your time and concern and every one who is reading this thread really appeiciated your valuable suggestions.
For more clarification please find attachment belows of exact ECO wordings


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## Marxoo (Oct 3, 2015)

mrs rb said:


> Thank you so much #Marxoo
> Its a great help indeed in such a frustration situation .
> Really grateful to you.
> Moreover ,they are two more things on my refusal which I have addresses in my appeal
> ...



When reapplying make sure you debunk every reason on the refusal slip and tender the evidences in batches.

The ECOs are often inconsistent. 

But they are faced with a lot of tasking. If your employers are not one of the big co operations or government agencies, then you will have to explain all errors just incase they might think you are trying to fiddle with the system.

The way it does work, once they see a few inconsistencies, they make wholesome assumptions. All refusals are based on a few factors with a single significant determinant. 

I think with a good letter to explain all that you will be okay. All the best.


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## mrs rb (Oct 18, 2015)

Marxoo said:


> When reapplying make sure you debunk every reason on the refusal slip and tender the evidences in batches.
> 
> The ECOs are often inconsistent.
> 
> ...


 Our employers are not one of the big co operations or government agencies,I understood their concern about cheating UKBA.
This major mistake held by our employer so this time his own company's lawyer handles things with a solid grounds of appeal with EMPLOYER's STATEMENT.Just facing a great trauma where you have to be penalize for someone's mistake.
Thanks again I will definitely follow your precious advises ,just to make things more clear ,here is the refusal letter ,my apologize for missed in earlier post .
Once again very thankful to you.
May God bless you!


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

Appeals are really slow, so be prepared for a slow response. Around 4-6 months for an outcome. But if your case goes to court, then 1 year+ easily.


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## mrs rb (Oct 18, 2015)

i.need.help said:


> Appeals are really slow, so be prepared for a slow response. Around 4-6 months for an outcome. But if your case goes to court, then 1 year+ easily.


Yes! you're right but lawyer said us not to go for a new case as they charged you with "False Information ",so this refusal will directly affect your new case too.
That's why have chosen this slow process ,if it ends good then wait would be worthy.
He said it will take around 7 to 8 months to conclude but you will receive your hearing within 90 working days and after 10 days you will at least be able to know his verdict. 
Is this true?
Reply would be appreciated.
Your timeline is really impressing one,very very lucky must say.congrass11


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

mrs rb said:


> Yes! you're right but lawyer said us not to go for a new case as they charged you with "False Information ",so this refusal will directly affect your new case too.
> That's why have chosen this slow process ,if it ends good then wait would be worthy.
> He said it will take around 7 to 8 months to conclude but you will receive your hearing within 90 working days and after 10 days you will at least be able to know his verdict.
> Is this true?
> ...


You should research online for other peoples spouse visa appeal experiences to get an idea of the time frames.

Thanks, yes I was very fortunate, my wife received her visa swiftly and has settled in well in the UK. Had a baby now we going on holiday soon.


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## mrs rb (Oct 18, 2015)

i.need.help said:


> Appeals are really slow, so be prepared for a slow response. Around 4-6 months for an outcome. But if your case goes to court, then 1 year+ easily.


i heard about new rule of 28 days for ECM to review and now-a-days ,most people experienced this as well.If ECM failed to do so then it will automatically go into court.
That's what lawyer told us as well.The whole process will take around 7 to 8 months.


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## Joppa (Sep 7, 2009)

Yes, if the ECM review refuses to overturn the original decision or doesn't come up with a result, your case will join the queue for the hearing, which can be up to a year ahead.


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