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spouse visa refused, plz help

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nimmiM
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spouse visa refused, plz help

Post by nimmiM » Sat Jan 02, 2016 6:16 pm

hi
My wife submittted application 26th october 2015.we submitted all the requiredment they have asked. soon after I came for a short holiday. after I came my company accountant close my hmrc account just after one week letar of submitted. when uk visa verified my employment history on hmrc they found my emplyment account has been closed 31st october 2015. because of that reason my wife application has been refused[under the paragraph E-CP.1.1(d)]After that I have contacted with my company about my hmrc account, company doesn't know their accountant has stopped my hmrc account.

Now I don't know what to do. plz advice

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Casa
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Re: spouse visa refused, plz help

Post by Casa » Sat Jan 02, 2016 6:20 pm

Your employer's accountant can't close your HMRC 'account'. Are you still employed by the company and being issued with payslips? Are you sure you haven't been issued with a P45 in your absence? This would close the requirement for the employer to submit tax and NIC payments under your name.
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nimmiM
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Re: spouse visa refused, plz help

Post by nimmiM » Sat Jan 02, 2016 6:34 pm

Casa wrote:Your employer's accountant can't close your HMRC 'account'. Are you still employed by the company and being issued with payslips? Are you sure you haven't been issued with a P45 in your absence? This would close the requirement for the employer to submit tax and NIC payments under your name.
I am still employed with this company but I am taking my 6 weeks holiday, 4weeks unpaids holidays and two weeks sick holiday,I wil be re-joining in 30th of January 2016.

I still haven't received any p45.

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Re: spouse visa refused, plz help

Post by Casa » Sat Jan 02, 2016 6:52 pm

If you have sufficient evidence of continued employment then you could ask for a re-consideration. However, will your unpaid leave take you under the minimum annual income level of £18,600?
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nimmiM
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Re: spouse visa refused, plz help

Post by nimmiM » Sat Jan 02, 2016 7:03 pm

Casa wrote:If you have sufficient evidence of continued employment then you could ask for a re-consideration. However, will your unpaid leave take you under the minimum annual income level of £18,600?
I am not getting any payment at the moment and I haven't received any p45 and also I don't have any contract for this employment.just after one week letar they have stopped and showing to HMRC.
is there any possibility that they have fired me without any notification.

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Re: spouse visa refused, plz help

Post by CR001 » Sat Jan 02, 2016 7:07 pm

We cannot comment on what your employer is doing or has done. You would be better off returning to the UK to sort out your employment issue.

Could you post/type up the exact refusal wording but take out any personal details.
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Re: spouse visa refused, plz help

Post by Casa » Sat Jan 02, 2016 7:08 pm

Yes it's possible. Did they approve your extended holiday? How long have you been employed there? My guess is that your employer has notified the HMRC that your employment has ceased and they will no longer be submitting NIC/tax payments.
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Re: spouse visa refused, plz help

Post by Casa » Sat Jan 02, 2016 7:18 pm

Casa wrote:Yes it's possible. Did they approve your extended holiday? How long have you been employed there? My guess is that your employer has notified the HMRC that your employment has ceased and they will no longer be submitting NIC/tax payments.
As an additional point...you were required to submit a letter with your application from your employer on company letterhead, confirming the terms of your employment. Did your employer provide this? CR001 is right that you really need to return home to find out what the position is with your job.
Only then can you decide what next step to take.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

nimmiM
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Re: spouse visa refused, plz help

Post by nimmiM » Sat Jan 02, 2016 7:19 pm

Casa wrote:Yes it's possible. Did they approve your extended holiday? How long have you been employed there? My guess is that your employer has notified the HMRC that your employment has ceased and they will no longer be submitting NIC/tax payments.
yes they have extended my holiday but I think that my emploer has notified the HMRC that my employment has ceased and they wil no longer be submitting tax.

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Re: spouse visa refused, plz help

Post by Casa » Sat Jan 02, 2016 7:22 pm

If that proves to be the case you will have to wait until you've secured a new job and have been earning the equivalent of £18,600 per year for at least 6 months. Only then will your wife be able to submit a new spouse settlement visa application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

nimmiM
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Re: spouse visa refused, plz help

Post by nimmiM » Sat Jan 02, 2016 7:25 pm

Casa wrote:
Casa wrote:Yes it's possible. Did they approve your extended holiday? How long have you been employed there? My guess is that your employer has notified the HMRC that your employment has ceased and they will no longer be submitting NIC/tax payments.
As an additional point...you were required to submit a letter with your application from your employer on company letterhead, confirming the terms of your employment. Did your employer provide this? CR001 is right that you really need to return home to find out what the position is with your job.
Only then can you decide what next step to take.
at the time submitting the application they have provided that letter.
on that they mention this job is parmanent and I am earning more then £18600+

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Re: spouse visa refused, plz help

Post by CR001 » Sat Jan 02, 2016 7:29 pm

CR001 wrote:Could you post/type up the exact refusal wording but take out any personal details.
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nimmiM
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Re: spouse visa refused, plz help

Post by nimmiM » Sun Jan 03, 2016 3:18 am

CR001 wrote:
CR001 wrote:Could you post/type up the exact refusal wording but take out any personal details.
They wrote " You submitted your application on line on 26/10/2015 and state above HMRC checks confarm your sponsor's employment with..... Ltd ended just after you submitted your application.As such the financial requarment of £18600 not been met and your application falls to be refused under paragraph EC-P.1.1(d) of Appendix FM of the immigation rules( E-ECP.3.1)."

if my company continue showing my employment with HMRC by paying penalty, what is the chances or possibility .

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Re: spouse visa refused, plz help

Post by Casa » Sun Jan 03, 2016 10:20 am

Slim. How much longer do you intend to stay outside of the UK on 'unpaid leave'? You won't be able to sort anything out from where you are and as you've already been advised, you should sort the situation out with your employer. Once you have confirmed what has happened and why, you can re-post on the forum for further advice.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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