greenwells

Hello Everyone

My wife received a rejection for the spouse visa today. The letter stated:
You do not meet the eligibility financial requirement of paragraphs E-ECP 3.1 to 3.4
-You have not provided any evidence that your sponsor was in employment at the date of application
-You state on your appendix 2 that your sponsor has subsequently started a 12 month contract with ABC Ltd from 1st April 2018. However you have not provided any evidence of this.

At the date of application I was in employment in a 12 month contract with ABC Ltd. I submitted a signed and stamped version of the full contract which stated dates, salary and location etc. I also submitted a letter from the HR Manager of the company stating dates, salary, location etc. I also submitted 1 payslip from 1 month after the contract started. I also submitted a letter from the finance director of the company confirming the payslip is genuine. I also submitted bank statements showing the money received in the bank.

Has anyone seen this type of rejection before?
I have provided everything but it seems they just ignore the documents and reject.

Should I appeal or request an administrative review or just reapply?

Thanks all This is our second rejection and it is tough to get through.

SanDiegogirl

If you are certain you submitted all the necessary documents, then get an admin review, send in a complaint and /or get your MP involved.

Yes, several people have reported sending docs but still being denied........

Just noticed that this is your second application to be denied. What category did you apply under? please give full details.

mikelincs

You say you supplied one months payslip, however the requirements for the visa state 6 months payslips so that is why you did NOT meet the financial requirements, yo need to wit until you have the full 6 months payslips, the fact that you have a 12 month contract cannot be used in place of the payslips.

TimCypher

Sorry to hear about your refusal...

My other half is also a Shanghai applicant, but we put our application in about 12 working days after yours. I saw your updated timeline on Friday - was keeping my fingers crossed that you'd got it.

I think SanDiegoGirl is right-on-the-money here.

I'm not sure what category you applied in - mine was a relatively straightforward category A - but if you are absolutely certain you sent everything you needed to send, in the format they specify for your category, then I'd go and speak to your MP. Take along the refusal letter, and explain that you did indeed submit what you were required to submit, and that a terrible mistake has been made. Your MP should have a line into the Home Office and can hopefully find someone to look into this for you.

You may choose to 'show you're serious' by lodging an appeal at the same time, along with sending a complaint.

But all this rests on you being certain your case is watertight and you can prove you made no errors in your application.

I wish you the very best of luck.

Regards,

Tim​​​​​​​

SanDiegogirl

Hence my question. The OP stated in earlier posts that he was returning to the UK, getting a job and then applying under Cat B (resident in UK, employed for less than 6 months BUT having earned 18,600 gbp for prior year) . /Therefore having to provide payslips from new jjob AND 12 months of payslips, bank statements to prove earlier job.

greenwells

To explain my financial documents clearly I explain all here.

Date of application 22 April 2018

Evidence provided for financial requirement

Employment 1
Between 5 Feb 2015 to 31 Dec 2017
Location: China
Type: permanent (£35K salary)
Documents provided:
+Letter from HR signed and stamped, confirming dates worked and twelve months of payslips are genuine
+12 Monthly payslips between 1 Jan 2017 to 31 Dec 2017
+Labour contract for this permanent job, showing salary and location and dates
+Chinese bank statements for period between 1 jan 2017 to 31 Dec 2017 with english translation

Employment 2
Between 20 Feb 2018 to 30 Mar 2018
Location: UK
Type: Agency work paid on day rate (£50K when annualised)
Documents provided:
+Letter from agency showing the day rate, days per week, hours per day worked. Also Job title and location. Further the weekly payslips dated between 2nd march and 6th April are confirmed to be genuine. Signed and stamped by the agency.
+six payslips for six weeks of work are all signed and stamped and on agency letterhead paper.
+Original certified Bank statements showing the weekly money coming into the bank

Employment 3
Between 2 April 2018 to 30 Mar 2019
Location: UK
Type: 12 month Contract
Documents provided:
+Contract which is signed and stamped, showing Dates: 2 Apr 2018 to 31 March 2019 and Salary £50K
+Letter from HR Manager which is signed and stamped, showing dates 2 April 2018 to 31 March 2019 and salary of £50K,
+Letter from Finance Director confirming the payslip amount is genuine
+Payslip for 1 month Dated 24 April 2018
+Bank statement showing money received in bank

Today I am still in Employment 3, still working this contract. All of the letters provided gave telephone numbers, email and addresses of the managers who can easily confirm I am working in employment 3.

mikelincs

What the OP needs to tell us is how many payslips they provided, in the OP he says just one, which does not fulfil the visa requirements.

SanDiegogirl

Thanks for all this but what category did you apply under?

greenwells

greenwells

I applied under category B - Less than 6 months with current employer, person residing in UK.

SanDiegogirl

So, if you say you have provided proof of your current employment (contract letter, payslips, bank statement and it earns over 18,600 GBP per annum ) AND you provided all documentary proof that you earned 18,600 GBP in the immediate 12 month period prior to application (April 2017 to April 2018) the you should get an admin review and or complain and or get your MP involved.

https://www.gov.uk/ask-for-a-visa-administrative-review

https://www.gov.uk/government/organi...ints-procedure

Your refusal letter has an address on it and the name of the ECO - complain directly if you can

Presumably the ECO has returned all your original docs to you. What has been returned?. We have heard of 'missing documents' and yet they get returned by the authorities when returning originals.

TimCypher

It all seems to boil down to the employer confirmation letter, which I assume is this item on your list:

+Letter from HR Manager which is signed and stamped, showing dates 2 April 2018 to 31 March 2019 and salary of £50K,

Did it include all the information the Home Office ask for (confirmation you work for them, salary, how long you've been paid that salary, how long you've worked there, permanent / contract)?

If so, then it appears that either the document went missing after you sent it off, or the ECO overlooked it or just didn't recognise it as the employment confirmation letter. In which case, you have a legitimate point for appeal.

I'd go see your MP as soon as you can.

Regards,

Tim

greenwells

every single document that I submitted was returned to me and I still have all of them. This includes all of the financial requirement documents I listed in my previous post.

az2014

And exactly what information does the letter from your current employer state as TimCypher pointed out as that seems to be the issue.

greenwells

Hi Tim

That specific letter was on company letterhead and had these details:
My name
Job title
company worked for
location of office
annual gross salary
length of employment
contract type
hours per week
Name, email, telephone and address of the HR manager who also wrote "if any question please contact me"