Spouse Visa Refusal - Advice needed!

[RJD86]

Good Morning,

My Wife has recently had her spouse visa from the United States refused due to her, 'sponsor' (Me) not being able to provide enough evidence to support their need for me to earn over the specified threshold we think... The way the refusal reads makes it confusing to know why the application has been refused for sure. I would greatly appreciate if a senior member on here could take the time to swiftly read the refusal and let me know their thoughts? I will attach as and when.

In brief they say we have not submitted the required 12 month payslips to support my annual salary. I was promoted september 12 and we applied October 12, however we submitted the required 6 months worth of payslips for my previous salary pre promotion. I am very confused...

We want to appeal but do not want to give them any excuses to consider refusal again. Finally the refusal stated we failed under paragraph EC-P.1.1(d) of Appendix FM if this makes sense to anyone?

Would appreciate any advice given.

Many Thanks,

Ryan

[MPH80]

Please post the full text of the refusal.

[RJD86]

MPH80 please find full refusal - many thanks

CO Reasons for Refusal
. Your sponsor is not exempt from the financial requirements as defined paragraph E- ECP.3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. ln order to meet the financial requirements of the Rules your sponsor needs a gross income of at least
f 18,600 per annum (or if applying with 1 child 822,400 and an additional t2,400 for each additional child). From the evidence provided your sponsor is currently employed with First Central lnsurance with a gross income of 820000. As your sponsor has not been employed for a period of 6 months with his current employer, he must have received in the 12 months prior to your application the level of income required to meet the financial requirement (818600). You state that your sponsor was previously employed from
101112011 through 101912012 and had a gross annual income of E19000. However, you have not provided the required 12 month payslips, employment letter and/or employment contract, or bank statements corresponding to the same period of pay as evidence of your sponsor's gross income from their previous employment. These documents are specified in our guidance and must be provided .l therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the lmmigration Rules. (E-ECP.3.1)

[MPH80]

So - did you provide the employer letter etc for the promoted role as well ...

It reads like they have misunderstood the promotion - which is where the employer letter would have clarified that ... e.g. so and so is employed as X on salary Y and started with us Z.

The refusal under that paragraph is just a bit catch all (http://www.ukba.homeoffice.gov.uk/polic ... a-partner/) - It just means you didn't mean one of the requirements somewhere.

Can you be clear about the evidence you submitted?

[RJD86]

MPH80,

We submitted the following docs;

Applicant's passport
birth Certificate
Sponsor employment contract
6 months payslips
photos of us as a couple
letter for proof of living arrangement
biometrics form
Marriage certificate

We believe that one of my payslips was £1537.50 totalling £18,450 over 12 months and this maybe why we were declined... we were totally unaware they took the lowest payslip and multiplied it over 12 months. I have all employment contracts and amendment to contract details from the past 12 months and all 12 payslips ready to appeal.

What else would you advice we attach? Can we also submit new documents to support our case at appeal? Do they accept OTE (as in overtime)?

Many Thanks
Ryan

[huzaifapatel]

Hello.

I wanted someone to advice me regarding spouse visa for uk.My wife she took test with ielts 3 times.First time she got refused for visa due to her not having 4.0 for listening but this time shes got 4.0 and above in listening,speaking and writing but for reading shes got 3.5.I have read in Uk Ba website and also ask immigration officer if she needs reading and writing, the answer was given as no but the solicitor is telling me that you need 4.0 in all 4 modules so i am really really confused in what to do.I appealed already soon as my wife got refused.They are only asking for english test certificate.

Please someone help here.thanks

[CR001]

Hello.

I wanted someone to advice me regarding spouse visa for uk.My wife she took test with ielts 3 times.First time she got refused for visa due to her not having 4.0 for listening but this time shes got 4.0 and above in listening,speaking and writing but for reading shes got 3.5.I have read in Uk Ba website and also ask immigration officer if she needs reading and writing, the answer was given as no but the solicitor is telling me that you need 4.0 in all 4 modules so i am really really confused in what to do.I appealed already soon as my wife got refused.They are only asking for english test certificate.

Please someone help here.thanks

You have posted twice on other people's threads. It would be best if you start your own thread rather than hijacking others then there will be less confusion when people reply.

[RJD86]

Ok,

So our plan of action will be to appeal and supply all contract of employment / amendment to contracts plus 12 months of payslips with a covering letter from us and my company!

Can I just ask, do we provide payslips from this month back, or do we supply them from the month we first applied?

Ryan

[SoHopeful]

Having read your posts, my only thought is if they are willing to accept grounds for appeal when you are now proving meet the requirements under Category B rather than Category A in your original application.

Hopefully someone can clarify.

[RJD86]

Well I would hope so from what they have out in their reply! If they say they require 12 months then surely they have to accept 12 months... Up to this point I had never heard or seen anywhere stating categories!

[SoHopeful]

The info about the financial requirements in detail:
Explains the categories and how to meet them.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[RJD86]

Thank you for that I will take a look - I'm concerned now you have raised that question as no one has that I have spoken with...