APPEAL OR FRESH APPLICATION> NEED HELP!!!!

[rumaisa nawaz]

hey i am new to this forum and i am at a crossroads of what to do next!

Last year i submitted an application for my husband, however it was on hold for over a year approx 13 months. i see on this forum that many are waiting even longer, however, i withdrew my husbands application, as i knew the income was not going to change i was placed on hold because i stupidly gave in 14 weeks payslips and 6 month bank statements only!

we then reapplied in 24th of june, and got an answer on the 1st of august! i thought it would be a definite visa, unfortunately they refused his visa :@

these were the points of refusal:

“In your previous application, you submitted photocopies of documents to demonstrate that your sponsor had been employed by richmonds MOT services as an administration manager since 15th October 2012, for which they were paid a gross weekly salary of £365.50. you have now provided a letter from richmonds Auto Services LTD dates 29th May 2014, which states that your sponsor has been employed by then as an administration manager on a permanent basis since 2nd December 2013 and that their gross weekly salary is £365.18 corresponding to an annual salary of £18989.36 I note that both companies operate from the same address and are therefore likely to be the same company, or run by the same proprietor. The discrepancies in employment dates and salary rates have not been explained by either you or your sponsor.”

OKAY.. management changed but they kept me on, the last company was discontinued, thus the name changed. the company operates from the same address, but different owners!

salary change was because of the new tax year for 2013


“In addition, you have provided you sponsors weekly payslips for the period December 2013 to June 2014. Those dated from December 2013 to 04 April 2014 show a weekly gross salary of £358.01, whereas those dated 11th April 2014 onwards show a weekly gross salary of £365.18. This change in weekly salary is not explained by your sponsor’s employer.”

again because of the new tax year April 2014, my salary changed ever so slightly


“You have provided TSB bank statements for your sponsor’s personal account dated 05 March 2013 through to 19th may 2014. I note that your sponsor was in receipt of weekly payments of £297.67 from 29th April 2013. Significantly before the claimed start date with Highfield auto services of 2nd December 2013. No explanation has been provided to account for this discrepancy.”

the weekly deposits were my wage with the previos company!! even though they stated i was in employment in my previous application, they chose to stupidly add this as a reason of refusals! WHAT IDIOTS!!

“I further note that the payslips for 17th of January 2014(297.67) and 16th May 2014 (305.28) do not correspond with the relevant payments shown on the bank statements. A payment on 20th January 2014 is shown for £303.89 and a payment on 19th of May is shown for£314.58. There is a clear discrepancy between these amounts for which no reasonable explanation has been provided by either your sponsor or their employer”

i deposited two cheques during both occasions. it looked like one deposit on my bank statement.

i have a letter from the bank to prove this.

CAN ANYONE PLEASE HELP ME... we don't have long if we want to file an appeal, but seeing the waiting times i seriously don't want to. however, i have spoken to two immigration lawyers, who both say appeal is the best way forward.

i thought if i explained the discrepancies in a fresh application, using up to date documents, they would issue the visa. i know what the reasons are, so i assume that would be easier and way quicker than an appeal. PLUS i got my second application back after 4 weeks.

please help!!!!

any suggestions are more than welcome!!!!!!

[Rayking]

You should have explained everything in additional information before applying.
I think it would be better to explain all these in an appeal and supply evidence to buttress your point,if your explanation is proven beyond reasonable doubt, the ECO can issue you visa without going through appeal
Also get letter from your employer to deal with issues they've raised about that too.
Just provide evidence to ALL the points raised.
Applying again will cost you additional 885.
Check the refusal letter too,did the eco say the application can be considered if you provide an explanation? just have a look,he might just want you to explain all that.

[rumaisa nawaz]

You should have explained everything in additional information before applying.
I think it would be better to explain all these in an appeal and supply evidence to buttress your point,if your explanation is proven beyond reasonable doubt, the ECO can issue you visa without going through appeal
Also get letter from your employer to deal with issues they've raised about that too.
Just provide evidence to ALL the points raised.
Applying again will cost you additional 885.
Check the refusal letter too,did the eco say the application can be considered if you provide an explanation? just have a look,he might just want you to explain all that.

i checked the refusal letter is does say at the end "submit all relevant documents with your Notice of Appeal, as it may be possible to resolve the points at issue without an appeal hearing" and after all the points it says it has no been explained by either your sponsor or your sponsor's employer

[MPH80]

The first step of any appeal is an ECO review. That means the office that dealt with it will have another look and look at the materials provided.

Now - in theory - the ECO review shouldn't take account of any new evidence, but if new evidence clearly means you'd win the appeal - they'd be fools to ignore it.

So appeal, submit what you can and see what happens.

M.

[rumaisa nawaz]

The first step of any appeal is an ECO review. That means the office that dealt with it will have another look and look at the materials provided.

Now - in theory - the ECO review shouldn't take account of any new evidence, but if new evidence clearly means you'd win the appeal - they'd be fools to ignore it.

So appeal, submit what you can and see what happens.

M.

i have an employers letter to prove that they are a new company etc and they are in no way affiliated with my last company, because that last company has now been scrapped and they kept me on.

i have an accountants letter to prove that the reason for my wage chnage was because of the new tax year.

a letter from the bank to prove two cheques were deposited at one time, thats why the figure looks more than my payslip.

and an explanation from myself to cover all these points and the reason that there were deposits from before my start date was because i was still working with my last company.

what do you think my chances are???

[Rayking]

The ECO has actually told you what to do,I'm sure if you state your point beyond reasonable doubt,you'll get the visa without the stress of appeal.
*cover all the points with required documents.
*congrats in advance!

[rumaisa nawaz]

The ECO has actually told you what to do,I'm sure if you state your point beyond reasonable doubt,you'll get the visa without the stress of appeal.
*cover all the points with required documents.
*congrats in advance!

God Willing..!! i hope so!

theres a question in the appeal form, on the third page, section 2 C where it says; name of decision making post.. what do i write here?

thanks you have really lifted my spirits wasn't really keen on appealing as the process is way too long. But hopefully should get overturned!

[Rayking]

The ECO has actually told you what to do,I'm sure if you state your point beyond reasonable doubt,you'll get the visa without the stress of appeal.
*cover all the points with required documents.
*congrats in advance!

God Willing..!! i hope so!

theres a question in the appeal form, on the third page, section 2 C where it says; name of decision making post.. what do i write here?

thanks you have really lifted my spirits wasn't really keen on appealing as the process is way too long. But hopefully should get overturned!

That's where the application was refused,as in the british high commision your partner applied from.
You'll get it,just deal with all the points meticulously and provide evidence to back it up.as long as there isn't any hidden stuff,I'm 98% sure you'll get it.

[rumaisa nawaz]

The ECO has actually told you what to do,I'm sure if you state your point beyond reasonable doubt,you'll get the visa without the stress of appeal.
*cover all the points with required documents.
*congrats in advance!

God Willing..!! i hope so!

theres a question in the appeal form, on the third page, section 2 C where it says; name of decision making post.. what do i write here?

thanks you have really lifted my spirits wasn't really keen on appealing as the process is way too long. But hopefully should get overturned!

That's where the application was refused,as in the british high commision your partner applied from.
You'll get it,just deal with all the points meticulously and provide evidence to back it up.as long as there isn't any hidden stuff,I'm 98% sure you'll get it.

Well they refused me on evevrything they could! And im not giving any new evidence in, just explaining what points they've given!

I've written a statement from my side, would be ok for me to post it and you to read and have a look at it.please.