A decision has been made

Oh no! That is bad news.

Kuya...

Have a look at the following document to see if it can offer an explanation why some of your income may not be counted...

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Shocked but not surprised. The ECOs seem to be ever more following the absolute letter of the rules. I hope you get more luck with the ECM who is presumably able to have a bit more discretion.

And the UKBA also need to drop this headline story of annual salary of x amount including bonuses, overtime etc because it isn't obvious isn't based on reality.

The problem is the way they're working out the annual salary though. There is something about your salary 'at its lowest level over the last 6 months'. This is where you've lost out. When was that point, Kuya? Because you could also try to go to appeal with recent payslips that were not submitted but that are over the minimum with overtime and bonuses etc?

But, as far as I remember, that is pretty clear on being only if you haven't had the same employer for the previous 6 months? ie, you might have been below the minimum in the previous job but above the minimum in the new one but you still must overall have more than the minimum over the 12 months?

What this confirms is that actual annual salary doesn't count for jot on its own. This despite all the mentions of including overtimes, bonuses etc. Essentially, if you've had the same employer for 6 months, you must have been earning above the minimum throughout that period or no payslips should show anything below the minimum. It is an absurd nonesense. When is an annual salary not an annual salary?

Dis they provide you with a breakdown on how they calculated their figures? If not, can you request that? It should help you formulate your appeal better.

There is some information here about appeals...

http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/appeals/

Seems that the decision of the ECO will be referred to an ECM in the first place. The ECM could reverse the decision but, if not, it will be referred to a Judge in the UK.

Sorry to hear that Kuya, you certainly can appeal the decision and have the case heard in front of a judge here in the UK if the ECM does not overturn his decision. Someone previously pointed out that you used category B. Where you in employment for less than 6 months in your current employment?

You have been sadly been informed wrongly, category B is for circumstances whereby you have been in a job for less than 6 months but wish to utilise your previous employment to subsidize the shortfall. As you have been in regular employment for 7 years they will have used your most recent 6 months' gross pay to calculate the min income thresholds. From the 6 month wage slips they will count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement.Really and truly your lowest level of pay (during the most recent 6 months) ought to not fall below £1550

Yep, I'm not even applying on the basis of having earned the yearly minimum they quote as I've been on career break recently. I had only been back to work 7 months when I applied. But I still doubt I'll be turned down on the basis of my payslips anyway. They're all above the minimum.

This is why they need to be make things clearer. The actual yearly income does not matter if one payslip in the last 6 months is below the minimum. This is how I read it anyway.

You have no idea the amount of ambiguity there are in the immigration rules for family members, they have changed the wording a few times already thanks to stern lobbying from an immigration organisation, the problem was that it was drafted way too quick. It is extremely harsh the way they have implemented these rules and we are sadly in a transitional period where we are learning which type of cases are being granted and which are not, these will sadly come from refusals. There is a Barristers firm who are challenging the legality of the £18,600 requirement, which I am pretty sure is unlawful, but unitl anything changes the rules must be met

I think your mistake Kuya is assuming they will take your gross earnings over the past 12 months. It seems they look only at the last six months and choose the lowest gross earnings (including overtime/bonus etc) during those six months. I assume that means looking at each month (assuming you are paid monthly) for the past six months and multiplying that by 12.

If you do take your lowest monthly gross earnings (including overtime/bonus etc) in the last six months and multiply that by 12 do you arrive at the £17,715 figure?

In order to qualify. I think you will need have at least £1,550 gross earnings (including overtime/bonus) EVERY month for the last six months.