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Topic: Settlement Refusal  (Read 21593 times)

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Re: Settlement Refusal
« Reply #90 on: June 04, 2018, 08:00:08 PM »
That looks really good.  I would add in the amount of the payslips and the discrepencies.  For example,

April 1, 2018 payslip is £1,000.  However, the deposited amount in the bank account was £1,000.01.  This was due to a rounding error in an Excel spreadsheet.  We now use Sage to process payroll so this will not happen again.

May 1, 2018 payslip is £1,000.  However, the deposited amount in the bank account was £950.  This was due to the updated pension scheme and an error in the calculation.  This was corrected and on May 5, 2018, the missing £50 was deposited into XXX's account, bringing the May deposited amount inline with the payslip issued on May 1, 2018.
Thank you, I've updated to include your suggestions.

I also added the following: I would also like to confirm that XX did not receive a payslip for Feb 2018. I have XX 6 weeks holiday after his wedding to XX so they could travel to America and submit XX application for a spouse visa and so Xx could meet XX's family.

We wanted to address that, even though we still meet the financial requirements!

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Re: Settlement Refusal
« Reply #91 on: June 04, 2018, 08:22:36 PM »
Thank you, I've updated to include your suggestions.

I also added the following: I would also like to confirm that XX did not receive a payslip for Feb 2018. I have XX 6 weeks holiday after his wedding to XX so they could travel to America and submit XX application for a spouse visa and so Xx could meet XX's family.

We wanted to address that, even though we still meet the financial requirements!

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In regards to that payslip, you will need to make it VERY clear in the employer letter and in your application that he is NON-SALARIED and is not salaried.

Because he will only qualify for the visa if UKVI calculate his income as per the NON-SALARIED calculation.

If they think he is salaried, the visa will be refused again... because for salaried employment, they take the lowest payslip from the 6 months and multiply it by 12 to get the total annual income.

So, if they think he is SALARIED, his income will be calculated as follows:

Feb payslip x 12  = £0 x 12  = £0 = visa refusal

or alternatively if there is no Feb payslip, it will be:

Missing payslip = £0 income = automatic visa refusal

But, if they think he is NON-SALARIED, his income will be calculated as follows:

(Total of all 6 months of payslips added up / 6) x 12 = (approx. £10,000/6) x 12 = approx. £20,000

Your refusal letter states he is a SALARIED employee, so you need to make sure it is very clear that he is NON-SALARIED... the employer letter MUST state this too. Someone's visa was refused last year because their employer wrote salaried instead of non-salaried, which meant they didn't qualify for the visa.


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Re: Settlement Refusal
« Reply #92 on: June 04, 2018, 08:28:29 PM »
In regards to that payslip, you will need to make it VERY clear in the employer letter and in your application that he is NON-SALARIED and is not salaried.

Because he will only qualify for the visa if UKVI calculate his income as per the NON-SALARIED calculation.

If they think he is salaried, the visa will be refused again... because for salaried employment, they take the lowest payslip from the 6 months and multiply it by 12 to get the total annual income.

So, if they think he is SALARIED, his income will be calculated as follows:

Feb payslip x 12  = £0 x 12  = £0 = visa refusal

or alternatively if there is no Feb payslip, it will be:

Missing payslip = £0 income = automatic visa refusal

But, if they think he is NON-SALARIED, his income will be calculated as follows:

(Total of all 6 months of payslips added up / 6) x 12 = (approx. £10,000/6) x 12 = approx. £20,000

Your refusal letter states he is a SALARIED employee, so you need to make sure it is very clear that he is NON-SALARIED... the employer letter MUST state this too. Someone's visa was refused last year because their employer wrote salaried instead of non-salaried, which meant they didn't qualify for the visa.
Thanks very much, I added this in the application under additional information - I said that our visa refusal stated he was salaried and his employment contract states hourly. I said the same in the cover letter. I will also change the employment letter to say he is hourly, just to cover all our bases!!

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Re: Settlement Refusal
« Reply #93 on: June 04, 2018, 08:54:07 PM »
Thanks very much, I added this in the application under additional information - I said that our visa refusal stated he was salaried and his employment contract states hourly. I said the same in the cover letter. I will also change the employment letter to say he is hourly, just to cover all our bases!!

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The employer letter MUST also state the exact word 'NON-SALARIED' in it as well. Just putting 'hourly' won't be good enough.


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Re: Settlement Refusal
« Reply #94 on: June 04, 2018, 09:17:04 PM »
The employer letter MUST also state the exact word 'NON-SALARIED' in it as well. Just putting 'hourly' won't be good enough.

This.  A million times THIS!!!  I’d highlight non-salaried even.   ;D


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Re: Settlement Refusal
« Reply #95 on: June 05, 2018, 03:23:33 PM »
This.  A million times THIS!!!  I’d highlight non-salaried even.   ;D
I put it in bold on everything!!

But to that end, on Appendix 2 it seems the only options are salaried employment- the financial section there doesn't seem to have a non-salaried option?? I assume that's why its so important to indicate non-salaried in all the other places?

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Re: Settlement Refusal
« Reply #96 on: June 05, 2018, 03:54:27 PM »
I put it in bold on everything!!

But to that end, on Appendix 2 it seems the only options are salaried employment- the financial section there doesn't seem to have a non-salaried option?? I assume that's why its so important to indicate non-salaried in all the other places?

Exactly. It's a badly-worded form in that respect... and they really need to add the non-salaried option in there, since it is one of the ways of meeting the requirements.

So, you want to make it very clear you are NON-salaried in order to make sure they don't just assume you are salaried.


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Re: Settlement Refusal
« Reply #97 on: June 05, 2018, 08:40:33 PM »
Hey everyone, just wondering if ya'll would take a look at this employer letter for our application and see if you have any suggestions for edits? My husband added in some info re: when and how the initial discrepancies were adjusted. Thanks  :)

This letter is to confirm that XX is currently employed at XX LTD. XX began his contract on May 1st, 2016. XX is a permanent, non-salaried employee. He receives a rate of pay of ₤9.50 an hour, which equates to a minimum ₤19,760 gross pay per year, not accounting for overtime which is very common during the busy summer and holiday seasons.

I have been made aware that minor discrepancies between payslips and bank deposits played a role in XX and XX’s initial application for settlement being refused. In my capacity as the XX, and the employer of XX, I am writing to you to confirm that all of the Payslips issued to XX are correct and that there were legitimate reasons for there being some discrepancies between the amounts shown on some of the Payslips and the amounts paid into his Bank Account in September and November 2017.  All of the Payslips are valid and all were received by XX and the discrepancies which came to light subsequently were caused by:

September 2017 (+£0.01) rounding differences on a spreadsheet produced by my Accountants when processing the Payroll on my behalf and from which payments were made at the time (payments are now made from a Sage Report provided by the Accountants) and,

November 2017 (-£14.65) some initial errors in calculating payments following the introduction of the Company’s Workplace Pension Scheme.

The initial error was in the payment on the 5th of August where XX was overpaid by £14.64 from a spreadsheet sent by my accountants which contained the calculating error. His pay on the 5th August should have been £1668.26, however the amount transferred based on the spreadsheet was £1682.90. Shortly after I had transferred the payments to my employees accounts the error was corrected and accurate payslips were produced. The difference in X' pay on the 5th of November was the reconciliation of the small differences for both August and September between the amounts transferred and the Net payments as detailed in the payslips.

I am also able to confirm that when the discrepancies were identified, subsequent payments to X were adjusted to ensure that he has received exactly the amounts due to him as determined by his Payslips.I genuinely hope this explanation is sufficient in explaining these minor errors.

I would also like to confirm that X did not receive a payslip for February 2018. I gave X 6 weeks holiday after his wedding to X so they could travel to America and submit X’s application for a spouse visa and so X could meet X’s family.

Please do not hesitate to contact me if you have any further questions.
Sincerely,



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Re: Settlement Refusal
« Reply #98 on: June 05, 2018, 09:06:02 PM »
Hey everyone, just wondering if ya'll would take a look at this employer letter for our application and see if you have any suggestions for edits? My husband added in some info re: when and how the initial discrepancies were adjusted. Thanks  :)

This letter is to confirm that XX is currently employed at XX LTD. XX began his contract on May 1st, 2016. XX is a permanent, non-salaried employee. He receives a rate of pay of ₤9.50 an hour, which equates to a minimum ₤19,760 gross pay per year, not accounting for overtime which is very common during the busy summer and holiday seasons.

I have been made aware that minor discrepancies between payslips and bank deposits played a role in XX and XX’s initial application for settlement being refused. In my capacity as the XX, and the employer of XX, I am writing to you to confirm that all of the Payslips issued to XX are correct and that there were legitimate reasons for there being some discrepancies between the amounts shown on some of the Payslips and the amounts paid into his Bank Account in September and November 2017.  All of the Payslips are valid and all were received by XX and the discrepancies which came to light subsequently were caused by:

September 2017 (+£0.01) rounding differences on a spreadsheet produced by my Accountants when processing the Payroll on my behalf and from which payments were made at the time (payments are now made from a Sage Report provided by the Accountants) and,

November 2017 (-£14.65) some initial errors in calculating payments following the introduction of the Company’s Workplace Pension Scheme.

The initial error was in the payment on the 5th of August where XX was overpaid by £14.64 from a spreadsheet sent by my accountants which contained the calculating error. His pay on the 5th August should have been £1668.26, however the amount transferred based on the spreadsheet was £1682.90. Shortly after I had transferred the payments to my employees accounts the error was corrected and accurate payslips were produced. The difference in X' pay on the 5th of November was the reconciliation of the small differences for both August and September between the amounts transferred and the Net payments as detailed in the payslips.

I am also able to confirm that when the discrepancies were identified, subsequent payments to X were adjusted to ensure that he has received exactly the amounts due to him as determined by his Payslips.I genuinely hope this explanation is sufficient in explaining these minor errors.

I would also like to confirm that X did not receive a payslip for February 2018. I gave X 6 weeks holiday after his wedding to X so they could travel to America and submit X’s application for a spouse visa and so X could meet X’s family.

Please do not hesitate to contact me if you have any further questions.
Sincerely,

Awesome.

One minor change to the top paragraph:

This letter is to confirm that XX is currently employed at XX LTD. XX began his contract on May 1st, 2016. XX is a permanent, non-salaried employee. He receives a rate of pay of ₤9.50 an hour and works a minimum of xxx hours per week, which equates to a minimum ₤19,760 gross pay per year, not accounting for overtime which is very common during the busy summer and holiday seasons. He has been paid £9.50 per hour on a xx hour a week contract since DATE.


How are you feeling this time?  I’m hopeful that you are feeling more confident by being in the drivers seat.  :D

« Last Edit: June 05, 2018, 09:07:50 PM by KFdancer »


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Re: Settlement Refusal
« Reply #99 on: June 05, 2018, 09:52:38 PM »
Awesome.

One minor change to the top paragraph:

This letter is to confirm that XX is currently employed at XX LTD. XX began his contract on May 1st, 2016. XX is a permanent, non-salaried employee. He receives a rate of pay of ₤9.50 an hour and works a minimum of xxx hours per week, which equates to a minimum ₤19,760 gross pay per year, not accounting for overtime which is very common during the busy summer and holiday seasons. He has been paid £9.50 per hour on a xx hour a week contract since DATE.


How are you feeling this time?  I’m hopeful that you are feeling more confident by being in the drivers seat.  :D

To be honest, I'm feeling very overwhelmed and frustrated and impatient! I have been working all weekend to get things ready and we were planning to submit Thursday, but today my husband has decided that we should apply under category F or G - I understand his reasoning. It does clearly state that if he works for an LLC that is owned by family and there are less than 5 shareholders, that is the category we should apply under. It also seems to state in sec 5.6 that we would need to provide evidence that we do not meet these criteria. So basically we will have to delay at least another week so he can get all of the company tax returns, VAT returns  etc together. And I haven't seen him in ages and I am just really discouraged at the thought of having to wait longer!

We contacted Medivisas but they want to charge 150 pounds to give us their advice on which category we should use. Understandable bc they are a business, but I"m not sure my husband wants to do that - with our last experience of our solicitor I don't think he would trust what they say anyways!

Sorry, that's my emotional rant!  :-[


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Re: Settlement Refusal
« Reply #100 on: June 05, 2018, 10:04:54 PM »
We contacted Medivisas but they want to charge 150 pounds to give us their advice on which category we should use. Understandable bc they are a business, but I"m not sure my husband wants to do that - with our last experience of our solicitor I don't think he would trust what they say anyways!

I’ll PM a couple of them and see if they’ll give me a straight answer.  Hold tight for a day.


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Re: Settlement Refusal
« Reply #101 on: June 05, 2018, 10:11:41 PM »
I’ll PM a couple of them and see if they’ll give me a straight answer.  Hold tight for a day.
Thank you ♡ I just sent her another email as well so fingers crossed.

Holy goodness this is an emotional rollercoaster!!

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Re: Settlement Refusal
« Reply #102 on: June 05, 2018, 10:16:51 PM »
Thank you ♡ I just sent her another email as well so fingers crossed.

Holy goodness this is an emotional rollercoaster!!

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Sent.  It’s been awhile since I’ve asked them for clarification but they “know” me.  Hopefully they will kindly give a simple answer.  Worst case scenario they say they need more info - and I’d recommend you do spend the £150 to ensure you and your husband are on the same page.





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Re: Settlement Refusal
« Reply #103 on: June 05, 2018, 10:18:17 PM »

Sent.  It’s been awhile since I’ve asked them for clarification but they “know” me.  Hopefully they will kindly give a simple answer.  Worst case scenario they say they need more info - and I’d recommend you do spend the £150 to ensure you and your husband are on the same page.




You are the best!!! Honestly I don't know what I would so without you guys ♡♡♡

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Re: Settlement Refusal
« Reply #104 on: June 05, 2018, 10:30:25 PM »
You are the best!!! Honestly I don't know what I would so without you guys ♡♡♡

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