# Visa for England rejected



## mehvish7 (Jun 13, 2014)

Hi, My spouse visa has been rejected and i have been denied entry into the UK. This is really upsetting and frustrating as everything is genuine and I really don't understand where it has gone wrong. 

The reason for rejection was: 
EC-P.1(c) - Section S-EC: Suitability -Entry Clearance Requirements
ECOs reason for refusal. 

' You have declared that your sponsor has two forms of employment. You have declared that one of his employments commenced on 29/04/2013 with Reed and he is earning £13, 265 per anum. Official checks have been made with Her Majesty's Revenue and Customs (HMRC) in the UK in January 2014 regarding your sponsor's income having revealed the following.

- For the tax 12/13 tax year - Pay £10,393 from interaction recruitment, £428.80 tax paid
- For the 13/14 tax year (until tax week 37) - 1) Pay £4320 for reed managed services Ltd, £357.80 tax paid. 2) Pay £2113 from Memories Card Ltd, £422.60 tax paid.3) Pay £616.63 from interaction recruitment, no tax paid.

In support of your application you have provided 21 weekly pay slips for your sponsor from Reed. 12 of these pay slips, covering the pay period 06 September to 29th November, show a taxable pay to date (for the financial year 13/14) in excess of £4320, which is the pay recorded by HMRC by your sponsors employment with reed. For example: the pay slip dated 13th September 13 shows a taxable pay to date of £4958.81 and the pay slip dated 29th November 13 shows a taxable pay to date of £7738.60. All of these 12 pay slips also cover tax periods of week 37 as the latest payslip provided is for tax week 34.


Your declarations and supporting documentation relating to your sponsors employment with Reed do not correlate with the information held by HMRC; given this i am satisfied, on the balance of probabilities, that you have made false representations in relation to your sponsor's employment and income in the UK. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the immigration Rules. (S-EC 2.2(a))


Financial Requirements:

Your application also falls to be refused under the Rules because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE

- Your sponsor is not exempt from the financial requirements as defined in paragraph E-ECP.3.3. I am not able to take into account and 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 at least £18,600 per annum. From the evidence provided I am not satisfied that false representations have not been used for the reasons stated above in relation to your sponsor's gross income from his employment. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration Rules. (E-ECP.3.1)

However no final determination has been made at this stage as to whether you meet the income threshold and/or related evidential requirements. This is because the Courts have not yet decided the outcome of the Secretary of State's appeal in a legal challenge to the income threshold requirement. More information about this is set out on the Home Office website.

If you appeal against this refusal decision, a final determination as to whether you meet the income threshold and/or related evidential requirements under the Rules may be made at a later stage. In making any such determination account would be taken of any further information or document(s) regarding the income threshold and/or related evidential requirements which you enclosed with your appeal.'



Can someone please help me? I'm so confused as to what has happened and why. My husband was working for Reed and he was getting his tax taken out automatically, he was not making the payments himself so we don't understand how his tax paid with reed does not match his tax paid with HMRC. 

Do we have a strong ground for appeal? If so, what is the best course of action and what do we do next?

Please reply soon as we don't have much time left as to when we have to appeal by.

Thanks.


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## Crawford (Jan 23, 2011)

It would appear your earnings based on the payslips from Reed employment do not match those of payments made to HMRC. 

Your earnings as per the payslips are in excess of what the HMRC has recorded and for which it has received taxes.

You should immediately review your earnings and tax deductions with Reed.

Are Interaction recruitment and Memory Card part of the Reed group?

In addition, they do not think he earned the 18,600 necessary. If so, then there would be no appeal against this.


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## mehvish7 (Jun 13, 2014)

That's what we don't understand. The tax was paid directly through his wage slips so we don't understand how the two don't add up. His annual salary for the year was £18, 700 but he has now moved on to another position earning £23, 000 per year. So in terms of the threshold, it has been met.

He worked for interactions recruitment up until April 2013 and then left that to join reed in the same month. During this time he also took up a part time job at a card factory to ensure he met the financial threshold. We were under the impression that they checked the wage from the 6 months prior to applying but they have gone as far back as the year 2012. Our application was made on 24th of December 2013. 

He has reviewed his payslips from reed and the tax showing on there is legitimate as this was the tax deducted from his wage. The only thing we can think of is that HMRC have made a mistake and we have asked for a statement from the year 2012 onwards to see how much tax was actually paid. 

Do you think it is likely that HMRC have made a genuine mistake on their part? What do you think our next course of action should be? Are we able to apply for another visa right away based on his new better paid job or would we have to wait for some time so that they don't take this case into consideration when applying for the second one?


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## SHUVO GIRL (May 2, 2014)

Going from job to job was probably a concern in the eyes of the ECO? Also the fact that Reed and Interaction are agencies. Maybe they felt like your employment was not secure going forward, unless you had a very *detailed* employment letter written by your boss.

If I was you I'd get in touch with the payroll department at Interaction and explain your tax situation. If your Interaction payslip *net* profit was lower than the *gross* profit then you have paid tax and you'll have proof to back it up that you haven't bagged the *entire* gross. Use bank statements as proof too.

If you're now in a higher paid job and earning £23,000 then my personal advice would be to wait 6 months, gather all the relevant documents and go through an immigration solicitor for peace of mind.

-Shuvo Girl's husband


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## WestCoastCanadianGirl (Mar 17, 2012)

Agree with Shuvo Girl's husband... forget about lodging an appeal and just save up your £££ and re-apply with 6 months of payslips and bank statements from your husband's new position, seeing as the income at _that_ job more than meets the threshold. 

I know it's going to be tough to wait until the 6 months at his new position has elapsed, but it's a lot less of a wait than going through the motions and waiting for your appeal to be heard, especially when one considers that the current court case regarding the minimum income threshold is likely to take _years_ to resolve... you could be left hanging for a very long time.

Please try to keep your chin up and the best of luck to you!


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## SHUVO GIRL (May 2, 2014)

If it's any consolation, 6 months isn't that much in immigration terms. I've been living 7000 miles from my wife now for over 21 months. We finally applied in May after going through loads of personal problems, but we stuck through it and it's made our marriage a lot stronger 

Just keep the contact up via whatapp, facebook and phone logs. Save all payslips and bank statements from the new job and if you do have any annual leave to use up maybe make a visit? UKBA are very sceptical on the south Asian region when it comes to proof of relationship. Prove them wrong! 

It'll be Christmas before you know it. 

-Shuvo Girl's husband.


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## mehvish7 (Jun 13, 2014)

Hi, thank you for replies. They have been very helpful. My husband has been in his new job role with his higher wage for 7 months now. Can we apply again immediately or do we have to wait some time before applying? The thing is that we have now been married for 20 Months and we don't seem to be getting anywhere.


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## Joppa (Sep 7, 2009)

You can re-apply at any time.


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## mehvish7 (Jun 13, 2014)

If I re-apply now straight away, is there a chance that they will reject it or put it on hold because of the decision that they made on this current application form?


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## _shel (Mar 2, 2014)

Not if you meet the requirements as you were not given a ban.

They will however scrutinise documents and double check with HMRC so ensure your documents are all in order and he is actually paying the right tax and his employer is reporting the correct income or you will face the same issue again.


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## karachikid (Jan 14, 2015)

The fact that he has been switching jobs a lot isn't a good sign. Reed is a employment agency and many of their jobs are temporary. He needs to meet the threshold for at least 6months - means he needs to show that he has been earning over 18,600 for 6months or more - pref in a permanent role. The other thing is if he has been switching jobs (permanent ones) he would also get a P45 from each job he left showing income and taxes paid - did u submit any of those or just payslips?


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## karachikid (Jan 14, 2015)

...also if he hasn't paid enough tax he'll need to clear the unpaid before another application is considered


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