1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Spouse visa settlement decison has been made

Discussion in 'UK Visa and Immigration Help' started by Colin4000, Jul 10, 2018.

  1. menchu_edge
    Offline

    menchu_edge Active Member

    It is a must. I've seen it in the requirements, Appendix FM. P60 is not really needed but can include. The most important ones (letter of employment, payslips and bank statements). They were enumerated in Appendix FM.
    • Like Like x 1
  2. menchu_edge
    Offline

    menchu_edge Active Member

    Here it is:

    2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
    1. (a) Payslips covering:
      1. (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
      2. (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person 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.
    2. (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
      1. (i) the person’s employment and gross annual salary;
      2. (ii) the length of their employment;
      3. (iii) the period over which they have been or were paid the level of salary relied upon in the application; and
      4. (iv) the type of employment (permanent, fixed-term contract or agency).
    3. (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    ...........etc......

    2A. (i) In respect of salaried employment in the UK (paragraph 2 of this Appendix), statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), or a director’s salary paid to a self-employed person (paragraph 9 of this Appendix), the applicant may, in addition to the payslips and personal bank statements required under that paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued). If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met.

    https://www.gov.uk/guidance/immigra...endix-fm-se-family-members-specified-evidence
    • Informative Informative x 1
  3. Drunken Max
    Offline

    Drunken Max Well-Known Member Trusted Member

    Sorry to hear that.
  4. Colin4000
    Offline

    Colin4000 Member

    Thanks mate
  5. UKDJ
    Offline

    UKDJ Active Member

    It (a letter of employment? Does this mean a 'job offer' letter? What exactly is a letter of employment, if not a contract?) may be 'a must' as you say - I still can't fathom how it carries more weight (in the eyes of UKVI) than 6 payslips which won't show your income over a year, a P60 (which will) and a decent contract of employment?
  6. UKDJ
    Offline

    UKDJ Active Member

    You beat me to it @menchu_edge :D
    • Funny Funny x 1
  7. menchu_edge
    Offline

    menchu_edge Active Member

    It is a certificate of employment. Sometimes employers dont follow the contract. Sometimes there's an increase in the salary. That's why the confirmation from the employer (through the certificate/letter of employment) is needed. I've been to many countries (live and work) and I can say, certificate of employment is really needed for many things - to certify/confirm your current status in the company.
    • Like Like x 1
  8. UKDJ
    Offline

    UKDJ Active Member

    (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:

    ... I don't envy anyone working for a large/multi-national company - or any public service employee - trying to get that from their employer/HR dept, unless you have 6 months to twiddle your thumbs!
  9. menchu_edge
    Offline

    menchu_edge Active Member

    It's quite easy. My hubby works at Nissan. At first, he was uncomfortable to request one (when we were applying for my fiance visa). He even debated that we didn't need it since we had the P60 and payslips. But I pushed him and sent him more links (that it is a must) from government website. He was able to get it on the same day.
  10. SoldierRJ88
    Offline

    SoldierRJ88 Active Member

    I’d happily show mine to anyone
  11. Stupot10
    Offline

    Stupot10 Active Member

    That is a possibility as I know when we were doing FLRM they contacted my employer to check the details on the letter were correct and accurate and to check the the contact name and number were valid.
    We did priority so were at the visa centre for this application.
  12. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    the applicant may, in addition to the payslips and personal bank statements required under that paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued).

    not much point in sending it in if it doesnt cover the term of the 6 months payslips.
  13. UKDJ
    Offline

    UKDJ Active Member

    Except, the financial requirement is for £18,600 per annum. Who is to say there was not a change in salary between 6 and 12 months prior to the application? E.g. 1 to 6 months before the application date, salary was indeed £1550.00+ per month (18600 / 12 = £1550/month). 7 to 12 months before the application, salary was < £1550/month (payslips not required to be produced though!) Sure, the much talked about Certificate/Letter of Employment COULD detail a change of salary over the previous 12 months leading up to the application, but the length of time now being taken for so many decisions to be made means not accepting the most recent P60 (which includes 12 months automatically) is being incredibly pedantic!
  14. UKDJ
    Offline

    UKDJ Active Member

    Just a thought, @Colin4000 -

    I have been looking back at Appendix FM-SE (Specific Evidence) and at the very start of the document it says -
    (Apologies for the layout, Copy & Paste hasn't worked too well!):

    "4. D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b), (e) or (f) applies.
    1. (b) If the applicant:
    1. (i) Has submitted:
    1. (aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing);
    2. (bb) A document in the wrong format (for example, if a letter is not on letterhead paper as specified); or
    3. (cc) A document that is a copy and not an original document; or
    4. (dd) A document which does not contain all of the specified information; or
    2. (ii) Has not submitted a specified document, the decision-maker may contact the appplicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.
    2. (c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons."

    Having read it multiple times, it does appear to contradict itself in several places - and it only says "the decision-maker may contact the appplicant...", so I guess that could mean it's a 'heads or tails' decision in each case!

    Only you know if the omission of the Certificate/Letter of Employment was the ONLY reason it was refused, but if that IS the case I think you may have grounds for Appeal/further submission - if only because they are not applying the same rules to every application.

    FYI - I know of at least one person who WAS contacted and invited to submit such evidence, within 28 days, rather than getting a simple 'REFUSED' decision...
  15. menchu_edge
    Offline

    menchu_edge Active Member

    I've seen the ones you've highlighted too (making it Bold). But I was thinking too, it's better to re-apply and use his docs from his current employer. That way, even if they contact them, the company is existing. If he will appeal and the eco will contact his old employer, they will know that it's bankcrupt. Might take the eco more time to investigate.
  16. UKDJ
    Offline

    UKDJ Active Member

    All fair points @menchu_edge -

    I was just thinking about the length of separation time involved, if they have to wait until they have been with the new employer 6 months, then another goodness knows how long for the decision on a fresh application to be made.
    If it were me, I don't have the option to jump on a plane for a visit in the interim...

    As I haven't (yet!) seen a Refusal letter, I don't know if Appeal/re-apply are the only two options? As I said in another Post, IF Refusal is solely on the grounds of ONE missing document, UKVI are not giving every application the same courtesy of inviting them to submit said document!
    I wonder if there is anything to be gained in this case by submitting the missing document, with a covering letter and copy of the Refusal showing the reason, as part of a Complaint - rather than an official Appeal?
  17. menchu_edge
    Offline

    menchu_edge Active Member

    We also don't know how many months it would take for the appeal. There's no complaint. It's just appeal.
  18. UKDJ
    Offline

    UKDJ Active Member

    Anyone has the right to make a complaint, especially as it would appear that UKVI are choosing when to apply their own guidelines, or not! I've also seen mention of something called an Administrative Review, but don't know enough about that to say if it is appropriate in @Colin4000's case.
  19. Mattecube
    Offline

    Mattecube face the sunshine so shadows fall behind you Trusted Member

    You cannot have an administrative review if you have been given the right to appeal.
    • Informative Informative x 1
  20. AM2018
    Offline

    AM2018 Member

    When visa is refused, you can appeal as Mattecube said. It happens to me when my husband did not submit a letter from his employer to support his actual income. After we get a letter from his employer my spouse visa was issued.
    • Like Like x 1

Share This Page