UK SPOUSE VISA REFUSAL FOR FINANCIAL REQUIREMENT

[ADRIANAPIEDRA]

Hello everybody, im new in this forum, it is the first time i post here... i was wondering guys if you can help me with this enquiry.

i just had my spouse visa application for entry clearance refused.

The only reason was eligibility on financial requirement.

My husbands gross salary is £18,700 per annum and so is just above the requirement of £18,600.

When the application was assessed, the figures taken from his last 6 month payslips were those after his contributions to his company pension scheme and so this total was below £18,600.

i was wondering if this was their mistake or they actually take the figures after the pension scheme contribution as a gross salary, thanks a lot in advance for your help and advices.

[seagul]

Always the gross wages before any deductions is considered. In your case it seems like a mistake made by the HO.

[alewid]

When the application was assessed, the figures taken from his last 6 month payslips were those after his contributions to his company pension scheme and so this total was below £18,600.

How do you know this?

What were the gross figures from the last 6 month payslips you sent, were any of below 1550 gross before pension contributions?

[ADRIANAPIEDRA]

When the application was assessed, the figures taken from his last 6 month payslips were those after his contributions to his company pension scheme and so this total was below £18,600.

How do you know this?

What were the gross figures from the last 6 month payslips you sent, were any of below 1550 gross before pension contributions?

THE PAYSLIPS ARE LIKE THIS:

Jan- Salary: 1,558.33
WPR PENSION: 31.17
Payment total (same as taxable pay): 1,527.16

Feb- Salary: 1,558.33
WPR PENSION: 31.17
Adjustment: 20.00
Payment total (same as taxable pay): 1,547.16

Mar- Salary: 1,558.33
WPR PENSION: 31.17
Payment total (same as taxable pay): 1,527.16

Apr- Salary: 1,558.33
WPR PENSION: 38.96
Payment total (same as taxable pay): 1,519.37

May- Salary: 1,558.33
WPR PENSION: 38.96
Payment total (same as taxable pay): 1,519.37

Jun- Salary: 1,558.33
WPR PENSION: 38.96
Extra time: 87.47
Payment total (same as taxable pay): 1,606.84

They count just the payment total (txable pay): 9,247.06 X 2 = 18,494.12 Per annum, they didnt count the gross payment that is 1558.33 x 12 = 18,699.96 per annum.

THIS IS WHAT THEY SAID ON THE REFUSAL LETTER: From the evidence provided your sponsor’s gross income
from his employment with XXXXXXXX is £18,494.12 per annum. This has been
calculating your sponsor’s earnings for the period of 01/01/18 – 30/06/18 to be £9,247.06
as shown by the supplied wage slips and annualising this amount to be £18,494.12.

[Londoner007]

That makes no sense, what about NI and Income Tax deductions weren't they mentioned?

It seems your gross pay was calculated with the deduction of pension

[ADRIANAPIEDRA]

That makes no sense, what about NI and Income Tax deductions weren't they mentioned?

It seems your gross pay was calculated with the deduction of pension

From the payment total (taxable pay), not Salary, they take around 215 from Tax and NI monthly and after that is the net pay, the money he takes home

[alewid]

Your payslip states your basic pay and as the pension contributions are deducted before tax, these have been minused from the basic pay to show the taxable pay, which is your gross pay.

Without the pension deductions the basic pay and the gross taxable pay would have been the same.

It's a shame that this gross taxable pay has been used to work out your financial requirement because as you are just over the financial limit it has impacted on your visa.

Is this the calculation method now or has it always been like this?
Surely the basic pay should be used for the financial calculation, which is your annual pay divided by 12.

[ADRIANAPIEDRA]

i really appreciate your opinion about it, we are about to make a fresh application next week, im so nervous, my husband and i found out they didnt take the lowest pay to calculate the income, they just sum all the total payment after pension contribution and that came to the £18,494.12 despite he earns a £18,700 before any deduction, now he hit his target last month and these are the figures after pension has been taken off from his gross...

Ap. £1,519.37
May. £1,519.37
Jun. £1,606.84
Jul. £1,519.37
Aug. £1,519.37
Sept. £1,852.44

Summing all this figures up comes to £19,073.52, so we hope there is no way to fail now, his GROSS is 1,558.33 in all the 6 payslips but after pension is cut we have all these figures. what do you think? please someone help me with an opinion of this!

[ADRIANAPIEDRA]

Your payslip states your basic pay and as the pension contributions are deducted before tax, these have been minused from the basic pay to show the taxable pay, which is your gross pay.

Without the pension deductions the basic pay and the gross taxable pay would have been the same.

It's a shame that this gross taxable pay has been used to work out your financial requirement because as you are just over the financial limit it has impacted on your visa.

Is this the calculation method now or has it always been like this?
Surely the basic pay should be used for the financial calculation, which is your annual pay divided by 12.

i really appreciate your opinion about it, we are about to make a fresh application next week, im so nervous, my husband and i found out they didnt take the lowest pay to calculate the income, they just sum all the total payment after pension contribution and that came to the £18,494.12 despite he earns a £18,700 before any deduction, now he hit his target last month and these are the figures after pension has been taken off from his gross...

Ap. £1,519.37
May. £1,519.37
Jun. £1,606.84
Jul. £1,519.37
Aug. £1,519.37
Sept. £1,852.44

Summing all this figures up comes to £19,073.52, so we hope there is no way to fail now, his GROSS is 1,558.33 in all the 6 payslips but after pension is cut we have all these figures. what do you think? please someone help me with an opinion of this!

[Edwardo]

It sounds very harsh but would it not be better to question their decision than file a new costly application with the same papers?

The hard truth is either they have made a mistake or sadly they have not and can explain in more detail. You would be better off paying maybe £50 or so to get a professional look at this in my opinion.

But yes, very (very) harsh decision.

[Londoner007]

Your application will still fail as your lowest payslip is under £1550

[seagul]

Your payslip states your basic pay and as the pension contributions are deducted before tax, these have been minused from the basic pay to show the taxable pay, which is your gross pay.

Without the pension deductions the basic pay and the gross taxable pay would have been the same.

It's a shame that this gross taxable pay has been used to work out your financial requirement because as you are just over the financial limit it has impacted on your visa.

Is this the calculation method now or has it always been like this?
Surely the basic pay should be used for the financial calculation, which is your annual pay divided by 12.

i really appreciate your opinion about it, we are about to make a fresh application next week, im so nervous, my husband and i found out they didnt take the lowest pay to calculate the income, they just sum all the total payment after pension contribution and that came to the £18,494.12 despite he earns a £18,700 before any deduction, now he hit his target last month and these are the figures after pension has been taken off from his gross...

Ap. £1,519.37
May. £1,519.37
Jun. £1,606.84
Jul. £1,519.37
Aug. £1,519.37
Sept. £1,852.44

Summing all this figures up comes to £19,073.52, so we hope there is no way to fail now, his GROSS is 1,558.33 in all the 6 payslips but after pension is cut we have all these figures. what do you think? please someone help me with an opinion of this!

Most wages figures seems identical means salaried person where HO will take the lowest wage figure during the last 6 months instead taking the sum of last 6 months to get the annualized average income for 12 months because they all not varying.

[Londoner007]

This must be a private pension scheme where they deduct your salary for it. Might be a good idea to get yourself opted out of pension scheme and then apply after 6 months of payslip

[ADRIANAPIEDRA]

Your application will still fail as your lowest payslip is under £1550

these figures are after pension has been deducted, all the payslips show the 1,558.33 amount as gross salary