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  1. #1
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    Default settlement visa [proving financial requirement]

    hi guys we applied for settlement 12 weeks ago just had a letter back saying they need more info I cant get a letter of my employer stating its a full time job and they say I don't earn enough but im on 20400 a year but on been in this job since November also does anybody have the address Im a taxi driver so I don't get paid into the bank if my employer puts yjis all down do think that will be ok were we send the new documents I will put the letter on we got any pointers would gratefully accepted many thanks

    Your applicationfor entry clearance under paragraph EC-P.1.1 ofAppendix FM to the Immigration Rules has been considered. Your applicationfalls to be refused solely because you do not meet the income threshold requirementunder Appendix FM and the related evidentialrequirements under Appendix FM-SE because your sponsor has not shown thefollowing:

    1. Your sponsor’s wage slips only show his annual income to be £15341 basedon his previous income for the last six months. His P60 shows income of £6599 up until April 2013.

    2. The letter from his employer who issued the wage slips does not confirmthe type of employment (permanent, fixed-term contract or agency).

    3. His Personal bank statements corresponding to the same period(s) as thewage slips, do not show his salary has been paid into an account in the name ofthe person or in the name of the person and their partner jointly. There are no corresponding deposits toreflect salary payments.

    Adecision on your application has therefore been put on hold until the Courtshave decided the outcome of the Secretary of State’s appeal in a legal challengeto the income threshold requirement. More information about this hold ondecisions is set out on the Home Office’s immigration website.

    Yourapplication will be reviewed and a decision taken on it once the outcome of thelegal challenge is known. This may not be for several months at least.

    In themeantime, within 3 weeks from the date of this notification, you submit anyfurther information or document(s), it must relate directly to the reasonsgiven above as to why you do not meet the income threshold requirement. It mustalso relate only to your circumstances, and/or those of your sponsor, as theywere at the date of your application, or in the relevant period(s) prior tothat date. If, on the basis of this further information or document(s) andotherwise, your application meets all the requirements of the ImmigrationRules, a decision will be taken on your application and it will be granted.

    Alternatively, you can withdraw your applicationat any time (and any document(s) submitted with it will be returned to you) andyou can pay the relevant application fee and make a fresh application. You maywish to consider doing so for example if you wish to rely on a change in
    Last edited by craig c; 26th Sep 2013 at 07:40.

  2. #2
    Forum Regular สมาชิกประจำ Boydio's Avatar
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    I guess the question is, what are you basing this £20,400 figure on? They seem to suggest in their letter that both your payslips and bank statements only confirm earnings of £15,341pa and your P60 up to April shows an income of £6,599.

    You need to evidence where this income is coming from. Also, you need a firmer letter from your employer regarding your type of employment.

  3. #3
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    hi boydio thanks for info I have got a letter of my employer saying im on 20.400 and he also states im on a perment contract also put wages slip in I started with the company late november and took some unpaid leave in January but only for 3 weeks so that woud effect the p60 but I come out with 1413.65 per month after tax

  4. #4
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    I have e mail them all the letters and I have also posted the orignals direct to the embassy looking at the letter they e mailed can anyone shed some light have they refused it out right or do they just need these letters I am so confused and sad please if anyone can help please do

  5. #5
    Forum Regular สมาชิกประจำ Boydio's Avatar
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    No, if what you say is correct and you can evidence this in the next few weeks, they will approve the visa.

    It may also be a case of explaining the nature of your work to them and why this isn't paid into your bank. If you can evidence sufficient earnings and they are happy with that, then they should issue the visa.

  6. #6
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    I hope so thanks again for replying

  7. #7
    Moderator Tobias's Avatar
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    craig c, do be very careful here. Appendix FM-SE stipulates which evidence must be provided to satisfy the financial test. Please take time to read it very carefully to ensure you obtain everything that is required just in case the Government succeed in their Appeal.
    Last edited by Tobias; 28th Sep 2013 at 11:40. Reason: Added link to Appendix FM-SE on the UKBA website
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  8. #8
    R.I.P. colin244's Avatar
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    Quote Originally Posted by Tobias View Post
    just in case the Government succeed in their Appeal.
    On behalf of lots of members on this forum lets hope the May woman loses

    colin 244

  9. #9
    Forum Antiquity ของโบราณ bifftastic's Avatar
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    I think you'll need more evidence than just a letter stating you earn over £20k. You'll need to show a bit of a paper trail like evidence of it being paid into an account. The other evidence you've got (the payslips, bank statements and P60) shows, according to the letter from the UKBA, that you are under the financial requirements.

    Adding a letter to that saying you're not is unlikely to be enough.
    "You're so unapproachable!"
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  10. #10
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    I think that Bifftastic is correct. The ECO will be asking why did you put in your original application with the amounts that you did. Why has that changed so conveniently. Other issues like how come your employer can just bump your wages up to over the required threshold will be looked at.

    Perhaps the ECO (like me) will be wondering why you put the application in with figures which are below the clearly stated limits in the first place. And then be able to meet those requirements shortly afterwards. This is the point which I think will need to be addressed. You will have to show why the first set of numbers were submitted, why they are wrong (or what has changed in the meantime), and why the new set of numbers are correct and can be proved to be correct - with a paper trail to support your claims.

    - - - - - - - u p d a t e d - - - - - - -

    An afterthought - If you do say that something has changed in the meantime then perhaps you will have to wait for 6 months.

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    The ECO says your income is £15341 based on your previous 6 months payslips prior to the application, is this correct. if so what would your yearly income be if based on your latest 6 months payslips?

    also if you do get paid in cash then pay this money into a bank account so that it tallies with your payslips, even if you then have to draw some of it back out again. this would only be good for future applications

    all the best

  12. #12
    Moderator Tobias's Avatar
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    Quote Originally Posted by craig c View Post
    hi guys we applied for settlement 12 weeks ago just had a letter back saying they need more info I cant get a letter of my employer stating its a full time job and they say I don't earn enough but im on 20400 a year but on been in this job since November also does anybody have the address Im a taxi driver so I don't get paid into the bank if my employer puts yjis all down do think that will be ok ...
    craig c, how are you paid? Is your income a fixed amount, by this I mean are you paid £1700 per month, every month? If so, how is that paid to you? Does your employer deduct Tax and National Insurance before paying you?
    Tobias - โทเบียส

  13. #13
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    hi tobais thanks for the reply as its stands because I had time of and wages slips for that sixs months only average out at just under sixteen grand they have put it on hold I sent him letters and my employer also wrote a letter stating im on 22800 but they e mailed back and said its on hold or I can with draw my applicantion and reapply we passed all the other points I have a meeting with my local mp on Friday to see where I go from here do you think its a good idea going down that route

    - - - - - - - u p d a t e d - - - - - - -

    hi tobais I am paid in cash they take the tax and ni of and I come out with 1433 this is stated on my slips they its a cash payment

    - - - - - - - u p d a t e d - - - - - - -

    I only started in late November nothing has changed in my pay I had unpaid leave in December and January as I had a car crash so I thoughtt a cover letter plus a letter of my employer stating what I earn would be ok I was so wrong

    - - - - - - - u p d a t e d - - - - - - -

    hello is it best to keep it on hold to see the results of the appeal or just withdraw it and start again if we have to reply it wont be till late april early may from this month im putting al lmy wages in the bank I come out with £1433 after tax

  14. #14
    Moderator Tobias's Avatar
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    I would certainly talk to your MP as these people need understand just how unfair and arbitrary these new financial requirements are.

    If you withdraw your wife's application you will lose your application fee and if the appeal goes in your favour you might not subsequently benefit from the judgment. In the circumstances I would leave the application on hold, you never know how the appeal will go. I hope the original judgment will be confirmed; hopefully with the law relating to the minimum income level changed for the better.

    As for the additional documentation, I would submit new payslips for the period since April 2013 (even though technically they should be ignored by the ECO) if these prove you are earning at the level you have stated on the application form. I would also ask your employer to write an additional letter confirming (1) that you are employed on a permanent basis; (2) that you are paid monthly in cash; and (3) why there is a discrepancy between the payslips and the P60 up to April 2013.

    With respect to the P60, has this been resolved? If so, produce all the evidence you have that confirms your income for the period in question. It is important that any documentation from HMRC is presented as part of this evidence.
    Tobias - โทเบียส

  15. #15
    Forum Regular สมาชิกประจำ Boydio's Avatar
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    Of course, all that Tobias says is correct, but it depends how patient you are and how willing you are to be apart from your wife.

    The appeal is likely to take a long time. Given that it seems you can meet the requirements, I would reapply once you do and have the consistent earnings to support this, but that's just me.
    Last edited by Boydio; 2nd Oct 2013 at 10:34.

  16. #16
    Moderator Tobias's Avatar
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    I don't know when this particular matter is listed for hearing of the substantive appeal, it could be a few weeks or it could be several months.

    The difficulty here is the evidence previously submitted to demonstrate satisfaction of the minimum earning requirement. Conflicting evidence appears to have been submitted. This conflicting evidence needs to be fully resolved before the OP even considers a further application ... and application fee. The evidence submitted in this application may well come back to haunt him in any subsequent application.
    Last edited by Tobias; 2nd Oct 2013 at 11:56.
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  17. #17
    Forum Regular สมาชิกประจำ Boydio's Avatar
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    If I'm understanding it correctly, the crux of the problem seems to be that he took some time off unpaid, which dipped his earnings below the required level. If that's the only issue then once he has six months consistent income at or above the required level, he should be good to go. As ever, it would need to be evidenced and documented correctly, of course.

    I guess it's easy for me to say, it's not me paying the application fee.

  18. #18
    Moderator Tobias's Avatar
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    Quote Originally Posted by Boydio View Post
    If I'm understanding it correctly, the crux of the problem seems to be that he took some time off unpaid, which dipped his earnings below the required level ...
    Well yes, to a degree. The problem with the evidence provided is that it has caused the ECO to doubt the veracity of it. There is conflict between the payslips, the P60 and the bank records. All readily fixable, so the evidence as it stands at the moment is incomplete. Once the missing parts are in, the application should succeed.
    Last edited by Tobias; 2nd Oct 2013 at 16:20.
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  19. #19
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    had a meeting with the mp today showed him all the evidence and letters from my employer he has took it on and going to look in to for me he also agreed the £18600 is so unfair I will give update as I get them many thanks for everyone help so far

  20. #20
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    Of course the MP will agree the £18600 is unfair, he wants your vote.

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