Post the refusal reasons verbatim so the experts here can make sure that is the only reason why you were refused. Redact any personal information.
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Here is my refusal letter. Also, the email from our solicitor saying our financial requirements have changed since our application was submitted. My husband works for the family business and his father is the company director. Am I to understand we now have to submit 1-2 years of payslips?? This is so discouraging, especially since we specifically pointed out those payroll discrepancies before we submitted!!
"As I pointed out to you last night the rules clearly state that you need to submit something such as a contract of employment, handbook, job offer, etc. Amongst that, the rules set out “or” a letter from the employer. This point of refusal is simply wrong therefore.
Upon what you told me last night, the amount of difference the caseworker mentioned between pay slips and bank statements amounted to a penny in September 2017 and November 2017. That is taking the rules to the very extreme and whilst technically “correct”, is wholly irrational because that, if so major an obstacle, would invite any decision maker to make further enquiries. At no point does the caseworker say that your income fell short of the required amount unless that is on another page I have not seen.
Turning to your request that I prepare a further application to be submitted by Friday evening, there is another issue I was looking for in the caseworkers letter to check and which is not there.
This application was entirely based on your being classified as an employee, pure and simple. To that extent, I am of the view the application was correctly handled in the sense that you are an employee and therefore evidentially we have submitted the correct supporting papers for a Category A employee. The refusal in fact supports that in the absence of any comment to the contrary.
But in the meantime since you application was made there has been a rather odd development in the Rules that is increasingly coming to light in practice: you need to consider this carefully before entering into another Category A application which would now considered by the Home Office as incorrect. This moves you out of Category A, and into Category G or H in the Appendix2 form. I refer you to point 9.7 (page 63, and supra):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf This means that any application now must go into the operation of the specified limited company owned by your father instead of via the pure employee (Category A) route we were able to use previously.
The rules have been stretched recently therefore to include even where you as an employee are covered by this given your relationship to the director of the company (ie your father).
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