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Decision overturned

Discussion in 'UK Visa and Immigration Help' started by Kuya, Jan 31, 2013.

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Kuya The Geeky One Staff Member

Got this email today after my constant bombardment of the UKBA

Dear Mrs. Ryan,

Please be informed that the decision to refuse your application for entry clearance to the UK has been reviewed by an Entry Clearance Manager and has been overturned. Kindly submit your passport, so that an Entry Clearance Officer can consider your application further. We are notifying the Asylum and Immigration Tribunal that the decision to which this appeal relates has been withdrawn.

Please send your passport, via courier, to the Embassy within 2 weeks from the date of this letter to the following address:

Allowed Appeals/AR Team (MNL/XXXXXX)

Visa Services

British Embassy Manila

120 Upper McKinley Road

McKinley Hill

Taguig City 1634

PLEASE ENSURE YOU INCLUDE A PRE-PAID COURIER RETURN ENVELOPE. You can use the following courier companies: LBC/Aboitiz 2GO/JRS Express/DHL Express/Air 21.
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:wave::wave::wave::wave::wave::wave::wave::wave::wave::wave:

Kuya, Jan 31, 2013

#1
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TheTeach Le Maître Senior Member

Congrats mate - I've just heard this news!!!!

Al.

TheTeach, Jan 31, 2013

#2
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walesrob Administrator Staff Member

Excellent news, congratulations :wave:

walesrob, Jan 31, 2013

#3
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Methersgate Well-Known Member Lifetime Member

Hearty congratulations!

Methersgate, Jan 31, 2013

#4
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KeithAngel 2063 Lifetime Member

fANTASTIC NEWS kUYA and very well done for your bombardment

KeithAngel, Jan 31, 2013

#5
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Micawber Renowned Lifetime Member

Many congratulations :wave:

That's the best outcome you could have hoped for.

Full steam ahead now :vhappy:

Micawber, Jan 31, 2013

#6
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Mrs.Clegg New Member

Well done,kuya! Congratulations:

Mrs.Clegg, Jan 31, 2013

#7
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oss Somewhere Staff Member

Congratulations Sean and Joy, well done, what a turnaround

oss, Jan 31, 2013

#8
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Markham Guest

Many congratulations Sean and Joy! Party time....!!!!

Markham, Jan 31, 2013

#9
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Anon220806 Well-Known Member

Whoohoo! Great news.

Anon220806, Jan 31, 2013

#10
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Jim Well-Known Member Trusted Member

Great news Sean.

Jim, Jan 31, 2013

#11
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Aromulus The Don Staff Member

We are greatly excited for you and Joy.!! :wave:

I had a feeling that they would see sense and change their minds once realized that they were well in the wrong.

Jet is already planning shopping, eating and chika chika days in and around Trafford park with the new friend....

I am absolutely over the moon for you both.

New chapter starting..............:wave:

Aromulus, Jan 31, 2013

#12
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Kuya The Geeky One Staff Member
Thanks everyone

I guess persistence is key. I knew I had a potentially winning argument and so I went with it, emailing the Manila hub all the time, meeting my MP, obtaining information from freedom of information requests and finally emailing the British Ambassador because I knew our appeal bundle had arrived in Manila on the 15th of January.

To give everyone an idea of the bombardment, this was my last email:

Dear Ms Pastolero,

Could you please forward this onto the Entry Clearance Manager?

I’ve forwarded this freedom of information reply I got from Stuart Melrose of the Visa Customer Team within the UK Border Agency as it is relevant to my wife's appeal against our visa refusal.

I simply asked the question “Did people with variable salaries who earned over £18,600.00 per annum on a variable basis with the same employer meet the requirements needed to sponsor a spouse to settle in the UK after the changes in July?” and the response is that PDF file included within this email.

The PDF simply refers me to: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/

Some of the information on the PDF comes from that webpage which contains the immigration rules your officers use to establish whether or not a person should pass the financial test for sponsoring a spouse or partner through the family migration route, the remainder of the PDF advised that as this information was already published the UK Border Agency had no need to send it to me under section 21 of the freedom of information act. Essentially pointing me back to that link under the UK Border Agency’s policy and law pages where I can find the rest of the information and rules.

I noted on that page that:

2. In respect of salaried employment in the UK, all of the following evidence must be provided:
(a) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

And from all of the information on that page the only answer I can find is a yes! Yes people with variable salaries but who earn over £18,600.00 can sponsor a successful visa applicant. I also took note that:

18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:
(i) They are contractual; and
(ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.
(b) Overtime, commission-based pay and bonuses will be counted as income.
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
(d) Gross income from employment income paid at an hourly rate will be counted on the same basis as income from salaried employment and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from employment paid at an hourly rate.

So I take it my overtime, monthly bonuses (which is mentioned within my employment contract) and quarterly bonuses should be counted as part of the income I put forward to your office when it comes to calculating whether or not I qualify under the financial rules from July 2012. It was my basic annual salary that was £17,715.00, not my gross salary. My gross for the year up to the application was £19,269.63.

In our application bundle I argued that I opted for category B as I had other work, the ‘Other’ being overtime. Whilst I thought it would be self evident in our application, I was wrong to come to that assumption as the guidelines were not very clear. However, the guidelines have been cleaned up and as I demonstrated with those sections from your immigration rules for family members, it is now explicitly clear. Also, the reply from my freedom of information request did not in any way suggest that the rules from July had changed in December with respect to my situation, but clearly the guidelines have. And they have been improved!

I urge you to take another look at the copies stored from our original application, look at the appeal bundle and please do so soon. Our lives are on hold waiting for the actions of your office, I apologise if it seems I am sending too many emails but please understand that I love my wife and there is nothing I think about these days other than being with her once again.

Yours Sincerely

Sean Ryan
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And that is how you do it! Logical arguments that make your case seem impossible for a Judge to go against, and in my previous email I reminded them that the ECM is tasked in reducing the successful appeals brought forward.

However, had I actually earned less than £18.600.00, no amount of emailing this person or that person would have helped me. That would have to go to the Upper Tier immigration Judges to consider based on other evidence and would have taken over a year. So I would advise anyone appealing to only email the Manila hub asking for a reconsideration if they believe their application was within the current rules, no matter how you may think they stand legally (I personally think they will fail legal challenges).

And a huge thanks to Micawber for those little nuggets of information, they led me to ask more questions and do my research. Building up my knowledge to the point I was almost looking forward to going before a Judge.

Kuya, Jan 31, 2013

#13
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Anon220806 Well-Known Member

Kuya said: ↑

Building up my knowledge to the point I was almost looking forward to going before a Judge.
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Hehe. I like that.

Anon220806, Feb 1, 2013

#14
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subseastu I'm Bruce Wayne Lifetime Member

Congratulations Sean, this must be a massive wieght off the mind.

subseastu, Feb 1, 2013

#15
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Kuya The Geeky One Staff Member

subseastu said: ↑

Congratulations Sean, this must be a massive weight off the mind.
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Yeah, a huge weight off of my mind. Now we are planning the CFO sticker and flights in about 3 weeks.

Kuya, Feb 1, 2013

#16
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redbricks Guest

great news kuya, now u can get on with your life , best wishes to u and joy

redbricks, Feb 1, 2013

#17
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Bigtombowski Pinaka Gwapo

Well fought mate. Well played indeed

Bigtombowski, Feb 1, 2013

#18
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ILPI Member

That's wonderful news, it's good to see that your persistence has finally paid off.....

ILPI, Feb 2, 2013

#19
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yuna Cat Lover Staff Member

congratulations Kuya! very happy for you and Joy

yuna, Feb 2, 2013

#20

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