Spouse visa refused Pakistan

[Jatpunjabi]

Dear all,
Thank you all for your help during the visa process. I would not have been able to apply without your help.
The spouse visa (husband) is refused and the reasons are as follows:
You have failed to provide 6 months payslips.
We did send 6 months payslips covering from 1st of September 2017 till 28th of February. The payslips are printed on the last date of each month. For example the payslip printed on 28th of February will be for the month of February.
The September 2017 payslip was dated 30th September 2017 and the February payslip was dated 28th February 2018.
One might think its five months period (I am only guessing) but surely they should have ask as they had six different payslips.
The appeal right is given.
We did receive all the documents back including the photocopies which was worrying as we assumed the'd keep the photocopies.
Is there a quicker way to raise the issue that we have submitted the payslips?
Thank you in advance for your advice

[seagul]

If you had applied no later than 28 days from the 28th February then your refusal is incorrect. I think pre action protocol might resolve it quickly as it's seems a very incompetent work through incompetent caseworker who didn't checked the payslips. Can you copy paste the refusal wording by deleting personal information on it.

[Jatpunjabi]

If you had applied no later than 28 days from the 28th February then your refusal is incorrect. I think pre action protocol might resolve it quickly as it's seems a very incompetent work through incompetent caseworker who didn't checked the payslips. Can you copy paste the refusal wording by deleting personal information on it.

Thank you for quick reply. The wording is in next post

[Jatpunjabi]

The immigration rules state that in respect of salaried employment in the UK, all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of
application if the person has been employed by their current employer for less than 6
months (or at least 6 months but the person does not rely on paragraph 13(a) of this
Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in
the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at
paragraph 2(a), showing that the salary has been paid into an account in the name of
the person or in the name of the person and their partner jointly.

You have failed to provide the specified evidence to show you meent (a) above. These documents are specified in the Immigration Rules in APpendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration rules.

[Jatpunjabi]

Dear xxxx,
Your Human rights claim in an application for entry clearance made on 06/03/2017 is refused.
What this means for you:
You can appeal the decision. Instructions are in the next steps section of this letter.
The reasons for the decision are set out on the next page.
Yours sincerely,
IS
Entry Clearance Officer
UK Decision Making Centre

[Jatpunjabi]

Eligibility Financial Requirement

You do not meet the eligibility financial requirement of paragraph E-ECP.3.1 to 3.4.
You have stated in your visa application for that you meet the financial requirement through CAT A. I am not able to take 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 Apendix FM your sponsor needs a grid income of at least £18600 per annum.
You state that your sponsor is employed as “xxx” for “xxx” 02/05/2017 and earns an annual salary of £19000. As evidence of your sponsor’s employment you have submitted -
- employers letter from “xxx”
- Payslips dated 31/01/2018 and 28/02/2018. (This is not correct as we sent all 6 payslips and received back all from them)
- Your sponsors bank statements dating from 13/04/2017 to 01/03/2018.
You have provided no information or evidence to establish that there are any exceptional circumstances in your case.

How do we prove that we sent all payslips? Thanks in advance again.

[Jatpunjabi]

I also want to add that both the sponsor and the employer were interviewed there seems to be no objection in that. If the payslips were missing then why did they interview?
I’d be very grateful for any advice you give.

[seagul]

https://www.gov.uk/government/publicati ... ial-review

[seagul]

https://www.gov.uk/government/publicati ... ial-review

Since you are being given appeal right so not very sure whether you can ask for pre action protocol.

[FXR_1340]

A lawyer told me a refusal had to be material. Even if it is the case that a payslip is missing, other docs submitted eg bank statements will confirm income. Is this not the case? Also, if a pay statement was missing why wasnt the applicant contacted and given the opportunity to rectify or at least explain the situation?

Grateful for any clarity on these points.

[Jatpunjabi]

As the right of appeal is given I don't think its eligible for administrative review. Can anyone guide me on how to prove that we sent the payslips and they returned those back along with other documents. Thanks.

[Katie_France]

I had a different reason for rejection, however whatever we tried didn’t help. The only possibility was an appeal.

[Jatpunjabi]

Thank you Katie. It's so frustrating especially when everything was supplied and they claim it wasn't without even asking for it.

[Katie_France]

I think they do it in purpose to decrease migration and to have more money from poor families who want to reunite together. It is absolutely unfair and destroys people’s lives and health.

I am sure 90% of people who can afford, they reapply, just because the appeal timelines are insane.

[Jatpunjabi]

That is the general feeling among people about Hone Office. We've sent email to complaint Team and received an automatically generated response.

General Correspondence

PLEASE NOTE: ­We are unable to deal with GENERAL enquiries or other types of correspondence OTHER THAN COMPLAINTS sent to this email inbox. Please refer to our website to find the correct points of contact linked to whether you are in or outside the UK at: https://www.gov.uk/contact-ukvi.



General correspondence includes correspondence such as:

· The outcome of an immigration decision (this will be not dealt with as a complaint)

· Progress on an application

· Progress on a refund


Seems like they won't help either. So you're right appeal might be the only solution. We're thinking of appealing and reapplying as well.
Could someone confirm that we can appeal against this decision and make a fresh application at the same time? Just exploring all the options

[Londoner007]

Yes you can do both co-currently.

[Katie_France]

That is the general feeling among people about Hone Office. We've sent email to complaint Team and received an automatically generated response.
Seems like they won't help either. So you're right appeal might be the only solution. We're thinking of appealing and reapplying as well.
Could someone confirm that we can appeal against this decision and make a fresh application at the same time? Just exploring all the options

Try this link for the complaint.
https://eforms.homeoffice.gov.uk/outrea ... aints.html
It is new. Before we tried to send a complaint to the HO at the same page, where you did. We had the same response.

You can appeal and reapply same time. But note, that when the decision will be taken on your re-application, the appeal will be withdrawn, so it will mean about 140 GBP for nothing.

[seagul]

Yes reapplying and appealing is the best solution. In addition to these continue to make complaints by repetitively pinpointing that you had actually supplied the sufficient paperwork but caseworker hasn't checked carefully. Also ask for the refund of application fee due to their service heavily below to the standards and also threat them to compensate you for the wastage of your time only due to their incompetence.

[metanoia]

You can appeal and reapply same time. But note, that when the decision will be taken on your re-application, the appeal will be withdrawn, so it will mean about 140 GBP for nothing.

Appeal will only be withdrawn if visa is granted for new application.

https://www.gov.uk/government/publicati ... utstanding

[Jatpunjabi]

Thank you guys. I am complaining everywhere that you guys are advising. We'll apply asap and appeal as well.

[kindandinnocent_94]

Hi! Did u hear anything from the HomeOffice or court my case is very similar to you HomeOffice missed our documents. I have applied for appeal and also filed a complaint at HomeOffice.

[Jatpunjabi]

We have reapplied and appealed as well just in case. Haven't heard anything yet.

[Jatpunjabi]

Update
Appealed the decision and complained as well as per advice here. The complaint was initially declined quoting you have right of appeal. Now after the appeal the complaint department contacted again asking to submit the missing payslips and the manager will review the decision.
The question is do you guys think that this is due to appeal or have they changed their mind about initial complaint? The reason I am asking is that they replied to the complaint that was made straight after the refusal and there's no mention of appeal in that.

As we have already made a fresh new application and handed the passport in Islamabad visa centre again. Does anyone know how to request the passport back if the manager agrees to approve the visa after all?
How many days do they take to give it back? Or can we simply say the passport is already with the visa centre. It is assumed the manager reviewing the application makes a decision before the outcome of the new application (wishful thinking perhaps).
Thank you all

[Khokhar1980]

My case was refused due to single missing document SA 302.
My lawyer emailed them many a times if they need any docs but they never bother to reply and after 6 months they refused my visa coz my husband didn't provided them withSA 302.
While Rest of documents were there. Even letter from a chartered accountant....
Simply bullshit....
We are appealing..
Coz I have seen someone with the same rejection of mine and they 're applied within next week of refusal and they again refused the secind application with same reason plus relationship as well...
That was pathetic and then I dropped the idea of 're applying...
It is feeling like that there is no one to control home office and bring their negligencies to end.
Just families are suffering ....
We have also contacted the MP ...and he has took all our documents of refusal and he had contacted home office as well...but we didn't get any reply yet...
Can pls anyone tell us the the method of making complaints against home office....
I shall be very very thankful to u all...
Remeber me in prayers as well..