Appeal or re-apply
Jan 9th 2019, 9:32 pm
#1
Forum Regular
Thread Starter
Joined: Jan 2018
Posts: 106
Appeal or re-apply
Hi all i need your advice..my spouse visa was refused on 27 december 2018.
I applied with 2 jobs and savings. so thats
Category B: 2 employement jobs ( total £17,910)
Category D: cash savings combing with income (£24,900 held in current account for over 6 months)
Appendix 7.1.2.
Category D: Cash savings can be combined with income from Category A: salaried and non-salaried employment , part (1) of Category B: salaried and non-salaried employment , Category C: non-employment income financial requirement.
Appendix 7.2.2.
At the entry clearance/initial leave to remain stage and the further leave stage, the amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be used in meeting the financial requirement. The following equation is to be used: (x minus 16,000) divided by 2.5 = y Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement. 7.2.3. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used: (x minus 16,000) = y
but the ECO ignored the category D: cash savings they refused it saying its not £18,600 requirement.
also they claim they only got 3 payslips out of 6 in my 2nd job..this is impossible..we sent all 6 payslips in the supporting bundle and all 6 payslips came back from the home office.
Do you think its worth appealing? if it goes to court, do we have any chance of wining or is it better to apply again?
thanks
I applied with 2 jobs and savings. so thats
Category B: 2 employement jobs ( total £17,910)
Category D: cash savings combing with income (£24,900 held in current account for over 6 months)
Appendix 7.1.2.
Category D: Cash savings can be combined with income from Category A: salaried and non-salaried employment , part (1) of Category B: salaried and non-salaried employment , Category C: non-employment income financial requirement.
Appendix 7.2.2.
At the entry clearance/initial leave to remain stage and the further leave stage, the amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be used in meeting the financial requirement. The following equation is to be used: (x minus 16,000) divided by 2.5 = y Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement. 7.2.3. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used: (x minus 16,000) = y
but the ECO ignored the category D: cash savings they refused it saying its not £18,600 requirement.
also they claim they only got 3 payslips out of 6 in my 2nd job..this is impossible..we sent all 6 payslips in the supporting bundle and all 6 payslips came back from the home office.
Do you think its worth appealing? if it goes to court, do we have any chance of wining or is it better to apply again?
thanks
Jan 9th 2019, 9:44 pm
#2
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Appeal or re-apply
Why are you re-posting?
You have received a plethora of advice/information and your situation has not changed. Re-posting will not change your situation nor get you any more advice than you have already received.
You have received a plethora of advice/information and your situation has not changed. Re-posting will not change your situation nor get you any more advice than you have already received.
Jan 21st 2019, 6:23 pm
#3
Forum Regular
Thread Starter
Joined: Jan 2018
Posts: 106
Re: Appeal or re-apply
great news! home office overturned the decison to refuse visa..
now asking to wait for IHS payment link again. and then to submit passport again.
my question is after submit passport, how long does it take to issue visa?
now asking to wait for IHS payment link again. and then to submit passport again.
my question is after submit passport, how long does it take to issue visa?
Jan 21st 2019, 6:26 pm
#4
Forum Regular
Joined: Apr 2018
Posts: 225
Re: Appeal or re-apply
Wow congratulations. How did you go about getting that positive decision?
Jan 21st 2019, 11:08 pm
#5
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Appeal or re-apply
Congratulations...... some folks have waited a month or more.... there does not appear to be any set time.
