REASONS FOR REFUSAL ROA
On 30th November 2017 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner ZO.
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here:
www.gov.uk/guidance/immigration-rules.
This decision takes into account as a primary consideration the best interests of any relevant child in line with section 55 of the Borders, Citizenship and Immigration Act 2009.
We have considered your application under paragraph EC-P.1.1. of Appendix FM.
However, you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.
Eligibility
Under paragraph EC-P.1.1.(d) you do not meet all of the eligibility requirements of Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10.
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. Your sponsor is not exempt from the financial requirements as defined paragraph E- ECP.3.3.
Appendix FM states:
.......
1. (i) the person’s employment and gross annual salary; Appendix FM Partner Refusal Version 01 17
2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
1. (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
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2. 3.
4.
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
You have not provided an official employment letter as evidence of your sponsor’s gross income from their employment. I note that you have provided a letter from VC Accountancy Services stating that they are the accountants and pay roll for XXX Ltd. As XXX Accountancy Services are not your sponsor’s employer, I am unable to consider this as evidence of your sponsor’s stated employment with XXX Ltd You have failed to provide the specified documents of your sponsor’s employment. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of
Appendix FM of the Immigration Rules. (E-ECP.3.1)
Furthermore, I am not satisfied that the payslips provided in support of your application evidence your sponsor’s stated employment and income as they do not correlate with the bank statements provided. You are required to evidence six months of your sponsor’s income and employment, therefore I have considered the most recent six months of payslips from 31st May 2017 – 31st October 2017:
All payslips submitted for this specified six month period state that your sponsor is paid by cheque. However, the bank statements provided show all salary deposits as ‘faster payments’. According to the Santander website (
https://www.santandercb.co.uk/contact-support/connect-helpcentre/making- payments/standard-domestic-payments-faster-payments) faster payments can only be made online or on the phone. I am not satisfied that your sponsor is paid by cheque as stated on his payslips.
Payslip dated 31st May 2017: Your sponsor’s bank statement shows a faster payment on 30th May 2017.
Payslip dated 30th June 2017: Your sponsor’s bank statement shows a faster payment on 03rd July 2017.
Payslip dated 31st July 2017: Your sponsor’s bank statement shows a faster payment on 27th July 2017.
Payslip dated 31st August 2017: Your sponsor’s bank statement shows a faster payment on 26th August 2017
Payslip dated 30th September 2017: Your sponsor’s bank statement shows a faster payment on 29th September 2017.
Given the above, I am not satisfied that the payslips provided are genuine and that you and your sponsor have provided genuine information relating to your sponsor’s stated employment. As a result I am unable to rely on these documents as evidence of you and
Appendix FM Partner Refusal Version 01 17
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your sponsor’s ability to meet the financial requirements of the Immigration Rules. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
