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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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"Your application falls to be refused under the Rules because

Customer Question

"Your application falls to be refused under the Rules because you do not meet the income threshold requirement under Appendix FM or related evidential requirements under FM-SE. You have stated on your application form that you wish to rely on your sponsor's earnings from salaried employment and income from property rental. You have stated that your sponsor is employed by earnings £ 11,929.66 per annum. Appendix FM-SE states you need to provide wage slips and bank statements covering 6 months prior to the sate of application and a letter from your sponsor's employer confirming the terms of their employment and their salary. You have provided all the required documents to corroborate your sponsor's earnings from employment. As evidence of your sponsor's income from rental you have provided a tenancy agreement, mortgage statement and bank statements showing receipt of payment for rental. The rental income payments received demonstrate that this would cover your sponsor's mortgage payment, however it does not demonstrate any income.
You sponsor is not exempt from financial requirements as defined paragraph E-ECP 3.3. You have failed to provide the specified documents of your sponsor's other sources of income. 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
I have been refused a spousal visa based on rental income and i want to appeal and would like to know how i can appeal against their decision because the evidence required to demonstrate non employment income specified in Appendix FM-SE property rental income is part of the requirement
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What is your spouse's rental income?
Did you confirm what his rental income is and what income would be going towards the payment of his mortgage?
Kind regards
Customer: replied 2 years ago.

Calculating how I meet the financial requirement through Categories A and C: £18,679.66

Category A: With current employer for at least 6 months or more—person residing in the UK—Non-salaried income

Non-salaried income = (gross earnings from employment held throughout the 6 month

period, divided by 6) x 12

= ((651+ 981.39 + 1314.64 + 1074.39 + 969.77 + 973.64) ÷ 6) x 12

= (5,964.83 ÷ 6) x 12

= £11, 929.66 (evidenced by Barclays Bank Statement)

Category C: Non-employment Income- property rental

The monthly rental income is £1500 but I receive £850.00 (evidenced by Natwest Bank Statement), while the other owner receives the remaining £650. The rent is usually paid by the tenant on the 27th or 28th of every month. However, there was a late payment in January 2014.

The property is owned at the date of application and has been owned for the last 9 months and has been a source of income during that 9-month period.

= September 28, 2013 to May 28,2014. This is a total of nine (9) months.

=(Monthly rent ÷ Number of property owners)

= (£1500.00 ÷ 2) = £750

=(Rent received from share of property x Number of months)

= (£750 x 9)

= £6,750

So, using a combination of Categories A and C, the applicant’s partner has £18,679.66 in non-salaried income and non-employment income (£11, 929.66 + £ 6,750) the financial requirement of £18,600 is met.

Thank you.

Customer: replied 2 years ago.

You have not provided the information I was seeking. You asked me these questions What is your spouse's rental income?
Did you confirm what his rental income is and what income would be going towards the payment of his mortgage?

I answered your questions but you have not replied to me.

I would be happy if you could reply me as soon as possible.

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I apologise for the delay in reverting back to you.
I believe that the decision made by the immigration officer is incorrect, there is no requirements for the sponsor to demonstrate that his income is going to be used to pay or mortgage or not.
I therefore agree with the fact that the application was wrongly decided. I believe you should now do the following:
1. You should write a letter of reconsideration to the immigration officer asking him/her to reconsider the decision. You need to send this to the post which decided the application.
2. At the same time you submit your appeal notice appealing the decision. If the home office decide to reconsider their decision then you do not need to proceed with the appeal and just withdraw it, if the home office still up hold their decision then you should just proceed with the appeal.
I do not understand why the immigration office made such a strange decision but the only way to get this addressed is by doing the above.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Thank you for your response. How long do you think it will take for the Immigration officer to reply to my letter of reconsideration?

Also, how long do you think it will take for the appeal?

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. Its a pleasure
The immigration officer usually takes around 3 months at the most to reply to a letter of reconsideration.
In respect of the appeal the whole process could take up to 9 months.
I hope this clarifies the matter.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Do you think we should make a fresh application or we should just follow the two recommendations that you made: (1) letter of reconsideration and (2) appeal.

We made the application outside UK, can we still send the letter of reconsideration the Immigration post that made the decision?

Can we also use the administrative review?

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I believe that this is a mistake made by the home office so appealing and drafting a letter of reconsideration would be the best way to proceed.
However, if you believe that you do not want to wait 8-9 months to go through the process of appealing then you can make a fresh application. But bare in mind that you may end up in the same situation as you are in now 3-4 months down the line if the same mistake on the application is repeated.
Yes there is nothing preventing you from using administrative review in respect of the application, however, this process is mostly used for applications which do not attract a right of appeal.
I hope this answers your question.
Kind regards
Customer: replied 2 years ago.

Thank you for your response. Home Office website states that

"You can only ask for a review if your application was refused and all of the following apply:

  • you’re outside the UK
  • you applied outside the UK
  • you applied to work or study in the UK under a tier 1, 2, 4 or 5 visa"

https://www.gov.uk/ask-for-a-visa-administrative-review

We applied for spouse visa, can we still use the administrative review?

Thank you for your answer in advance.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. Its a pleasure
In case of a spouse visa I would suggest that you apply for using a letter of reconsideration rather than administrative review. As mentioned this is usually used for applicants who do not have a right to appeal.
Kind regards
Customer: replied 2 years ago.

So we can still use the letter of reconsideration even though we applied outside UK. I am asking all these just to make sure we do not make any mistake.

"You can ask for the decision on your visa or immigration application to be reviewed if you applied in the UK. This is known as a ‘reconsideration request."

https://www.gov.uk/visa-and-immigration-reconsideration-requests

Thank you for your patience and answer.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes you can, this will assist you in the appeal process as well as if the home office do not overturn the decision, you can say on the day of the appeal that you gave them a chance to overturn the decision. So it will work in your favour even if they do not overturn it.
Its no problem at all, I am happy to help.
Kind regards
Customer: replied 2 years ago.

Thank you. Does the letter has to be titled "letter for reconsideration" or it does not matter as long as the content is pointing out to them that a mistake was made with the application.

I already sent a letter to Home Office but titled it "mistake in calculating gross property income"

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes you should state that it is a letter of reconsideration. Just to ensure that they know that the letter in asking for reconsideration. This way it should get sent to the entry clearance manager.
In respect of the letter you have sent you can send this in addition to that letter and refer to it.
Kind regards
Customer: replied 2 years ago.

With the first letter, I wrote at the back of the envelope


"The Entry Clearance Manager


International Operations and Visas

6 Millsands

Vulcan House

Sheffield
S3 8NH
United Kingdom"

Again, with the first letter I submitted, I enclosed the refusal letter. As advised, If I decide to send reconsideration letter, should include the refusal letter again?

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
The letter should be sent to the post which made the decision so the embassy of high commission in the country to which the application was submitted NOT to the ECM in the UK. The post reference should be quoted.
Kind regards
Customer: replied 2 years ago.

I applied from the U.S.A and we send our applications to sheffield.

https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
In that case then yes it would the UK where you would send the letter of reconsideration to.
Kind regards
Customer: replied 2 years ago.

So you still suggest I send an additional letter "letter of reconsideration" to the Sheffield. I would that be considered "too much" as flooding them with letters.

I have their email address too, should I mail the letter or send to them through email. They have not been consistent with replying emails though.

Thank you.

Customer: replied 2 years ago.

So you still suggest I send an additional letter "letter of reconsideration" to the Sheffield. I would that be considered "too much" as flooding them with letters.

I have their email address too, should I mail the letter or send to them through email. They have not been consistent with replying emails though.

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I would recommend a letter to them and not an email and you should send it recorded. The reason for this procedure is to ensure that when you go to appeal the judge can see that you have written them a 'reconsideration' letter and there is no doubt that what you were asking them to do. You may also email them if you wish.
Kind regards
Customer: replied 2 years ago.

We did not submit a letter from the landlord. But we submitted the lease and utility bills. Accommodation was not the reason for refusal and its was never mentioned in the refusal letter. As you already know, the only reason for the refusal was because the ECO didn't include our property income.

Do you suggest we submit a letter from the landlord as part of the appeal evidence?

Thank you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
No, as you stated that the only reason for refusal was the rental income and the home office will not be able to change this and include other reasons for refusal now. Therefore, you may wish to not include any other evidence apart from evidence to clarify the rental income.
Kind regards
Customer: replied 2 years ago.

Thank you.

Customer: replied 2 years ago.

Thank you for your reply.

I received an email from the Operational Manager at Sheffield Visa Section that a thorough review of their decision is taking place and they will write to me again by Friday October 3rd, 2014 with outcome of their review.

However, I have still not heard from them and was wondering if it is advisable to email them for not hearing from them.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I believe that you should still wait a few weeks until a reply is forthcoming, plus the home office usually send replies 2nd class post so again this could also be the reason why you have not had a reply.
If it takes longer than 2 weeks only then would I advice you to email them and inquire why you have not had a reply.
Kind regards
Customer: replied 2 years ago.

Thank you for your reply.

I received an email yesterday from Sheffield Visa Section stating that their decision to refuse my application has been overturned; their office is now ready to issue me a UK visa; I should post my passport by International Courier to the Sheffield Visa Section.

While this is a great news, I would like to know how long it could take for the visa to be issued when they receive my passport.

Thank you for your assistance.

Warm regards,

Warm regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
This is great news, the decision made was inherently incorrect and I am happy that the decision was overturned.
You can expect it to take around 3-4 weeks to issue you with a visa return your passport. Although it can be quicker depending on how busy they are, but I would recommend that you wait at least 4 weeks.
Kind regards

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