Settlement Refusal

His income for 6 months, even with being away for so long, is more than £10,000. He's already made a spreadsheet with amounts of pay slips and bank deposits and they all match to the penny. He's the analytical thinker and I'm the free spirited emotional one- it's made this process even more interesting for us

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Salaried or non-salaried SoonInDevon?

What are the exact date ranges of payslips?
What are the exact date ranges of bank statements?

I believe you've said he's not-salaried, correct?  Hourly wage?

Are you comfortable reapplying with Category A?

And I'm sorry - I am shocked and amazed at your lawyer's nerve.  Have you directly asked him about the employment letter?

Did you contact Medivisas for reassurance?

I know you want to get everything in again ASAP, but take a bit of time with this.  A week or two now to ensure you don't have a second refusal is totally worth it!  Honestly, the summer rush will have already started.  If reapplying with priority, it shouldn't be TOO terrible of a wait.

He's going to send me his spreadsheet with dates and amounts so I can share it. He is hourly, which it says in his employment contract and employer letter (that our solicitor didn't include!)

He is also contacting Medivisas for clarification.

To he honest, I just want to get all our paperwork back from our solicitor and get this new application submitted before we address anything with our solicitor. I'm afraid he would "lose" our photos and papers etc. He said it shouldn't have mattered that he didn't include an employment letter- an employee contract should have been enough. Absolutely zero personal responsibility! He got pissy with my husband when he challenged him, saying stop pressuring me bc I have an application I need to get finished by tomorrow and I don't have time for you right now!! Argh!!

I'm sure you are right and we should wait until at least next week. The prospect of being away from my home and family for even a day longer than necessary is totally disheartening...

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Salaried or non-salaried SoonInDevon?

Non salaried

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He's going to send me his spreadsheet with dates and amounts so I can share it. He is hourly, which it says in his employment contract and employer letter (that our solicitor didn't include!)

He is also contacting Medivisas for clarification.

To he honest, I just want to get all our paperwork back from our solicitor and get this new application submitted before we address anything with our solicitor. I'm afraid he would "lose" our photos and papers etc. He said it shouldn't have mattered that he didn't include an employment letter- an employee contract should have been enough. Absolutely zero personal responsibility! He got pissy with my husband when he challenged him, saying stop pressuring me bc I have an application I need to get finished by tomorrow and I don't have time for you right now!! Argh!!

I'm sure you are right and we should wait until at least next week. The prospect of being away from my home and family for even a day longer than necessary is totally disheartening...

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What an a**hole.  As you can see, the employment letter is required.  Employment contract is not (though we do recommend sending it):

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(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
(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.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(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).
(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.
(d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
(e) Where a person appointed as a non-executive director of a limited company based in the UK, which is not a company of the type specified in paragraph 9(a), is paid a fee instead of a salary, this income may be treated and evidenced as though it were income received for employment in that capacity.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Non salaried

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Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application will be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application (where that employment was held throughout that period).
To calculate this annualised average for non-salaried employment in Category A the following calculation should be used:
(Total gross income from employment held throughout the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Can you plug in the figures to this equation and sill meet the requirement?

To he honest, I just want to get all our paperwork back from our solicitor and get this new application submitted before we address anything with our solicitor. I'm afraid he would "lose" our photos and papers etc.

All of that should have been returned in your package directly from Sheffield...  how is that in his possession?

Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application will be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application (where that employment was held throughout that period).
To calculate this annualised average for non-salaried employment in Category A the following calculation should be used:
(Total gross income from employment held throughout the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Can you plug in the figures to this equation and sill meet the requirement?

Yes, when we plug his 6 month salary in to this equation it comes to approximately £21500. Also, if we wait a week to submit we will include his next payslip which will boost the number a bit.

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All of that should have been returned in your package directly from Sheffield...  how is that in his possession?

He sent it off for us bc we were both in America- we left the UK Jan 30th and he was meant to submit our application for us the day we landed in the states bc he said I needed to physically be in America to press submit. Of course he didn't submit until a month later bc he didn't have himself organized.  Sigh. 

So essentially, he sent in our evidence from Devon and we sent in biometrics etc from Oklahoma. So Sheffield returned the evidence to his office.

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He sent it off for us bc we were both in America- we left the UK Jan 30th and he was meant to submit our application for us the day we landed in the states bc he said I needed to physically be in America to press submit. Of course he didn't submit until a month later bc he didn't have himself organized.  Sigh. 

So essentially, he sent in our evidence from Devon and we sent in biometrics etc from Oklahoma. So Sheffield returned the evidence to his office.

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What a mess. I am so sorry! 

He sent it off for us bc we were both in America- we left the UK Jan 30th and he was meant to submit our application for us the day we landed in the states bc he said I needed to physically be in America to press submit. Of course he didn't submit until a month later bc he didn't have himself organized.  Sigh. 

So essentially, he sent in our evidence from Devon and we sent in biometrics etc from Oklahoma. So Sheffield returned the evidence to his office.

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Here is my husband's pay info

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Here is my husband's pay info

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I get the same calculation as him.  Gold star to your hubby!

Have him mention the gap in pay in his sponsor letter (that he was visiting you, blah blah).

I get the same calculation as him.  Gold star to your hubby!

KFD is our financial ace! 

I get the same calculation as him.  Gold star to your hubby!

Haha he's a maths and physics major, he gets to handle all the financial calculations

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