UK Settlement visa ~ ECO's mistake

[Hels812]

We applied for a settlement visa, and submitted all documents on the 11th April. Received an email today saying that the application falls to be refused because we do not meet the financial requirement, and our application is being put on hold until the courts have decided the outcome of the Secretary of State's appeal.

We are meeting the financial requirement through cash savings, and i have checked and checked the amounts and we definitely have and submitted proof that we have cash savings in excess of £62,500 which have been in our control for the past 6 months. Now, on the letter from the ECO, they state that we only have £49,141, but i really don't know where they got this figure from. I'm guessing that the ECO made a mistake when adding the money that is in several different accounts. Although when i add together money from the different accounts i can never make £49,141 exactly.

Anyway, my question is this: The letter states that we have 3 weeks to submit additional data to prove that we do in fact meet the income requirement. However, we don't need, and don't have any more documents as they were all submitted with the original application. What have other people done in this situation when it is simply a mistake of the ECO? It'd be easiest to just speak with the ECO directly, but of course there's no contact number at all!

Thanks in advance, this settlement visa process really is just one big expensive headache!

[durhamboy]

Firstly, check that all your accounts are on the approved list of financial institutions and they are instant withdrawal termsi.e. not "notice" accounts. Double check that you have £62,500 under your control for 6 months - make sure there were no withdrawals etc. that reduced the balance temporarily. If all is correct then set it out in a letter to the ECO showing exactly how the figures add up to the +£62,500.

[Hels812]

Thanks durhamboy, we panicked when we first read the email, but I emailed them back clearly labelling the accounts and funds and the ECO emailed back today saying that it was all ok (and even apologised for their mistake!).

But then he dropped the bombshell....sorry i should have told you this in my last email but you used TOEIC to satisfy the English language requirement, and we no longer accept TOEIC. They don't seem to care that we applied on the 11th April, and the decision to stop using TOEIC was made public on the 17th April. I'm absolutely fuming, they can't make a decision and then retrospectively apply it to visa applications that have already been submitted! They're apparently awaiting guidance on how to proceed with cases like ours, but can't give us any information on how long this will take. They just suggest that we might want to take a different English language test!

Is anyone else in the same boat as us? I'm tempted just to take another test, maybe BULATS, but it seems ridiculous to have to do this. Also after taking the test, it takes 3 weeks to get the certificates, just further delaying the visa being granted.

[durhamboy]

You have my sympathy over this. Sorry I can't offer much advice. There is a very recent topic on this in the forum and I asked the question "What about pipeline SV applications?" - seems even the ECOs don't know at the moment. Also what about people applying for FLR further down the road?

It may be an idea to speak to the agents that regularly post in this forum - although they have been strangely silent for a while and I believe they recommend BULATS - they may know something.

This last comment is directed at the people in this forum who support the English language testing system adopted by HMG - it is an utter shambles and you should really rethink your opinion about it.

[ThaiVisaExpress]

We are still here, durhamboy !

I'm not sure that I understand why the Embassy have not accepted the TOEIC certificate. Their website ( or, rather, the Government website for the British Embassy, Japan) seems to be quite specific on certificates issued before the "cut-off" date. It says :

Expiry of Educational Testing Services’ (ETS) licence to carry out secure English language tests: impact on student visa applicants.

The Government wants to ensure that this change does not have an impact on genuine international students who took an ETS test in good faith before the licence expired.

UK Visas and Immigration are accepting visa applications which rely on an ETS certificate issued before the expiry of the licence was made public on 17 April. These applications will be considered subject to our normal checks. Applications will be accepted until new Immigration Rules come into effect and transitional provisions have come to an end.

Will the Home Office accept TOEIC and TOEFL results from ETS before the contracts ended?

We would like to reassure students, currently studying in the UK, whose TOEFL or TOEIC certificates were obtained overseas through ETS, that they can continue their studies as normal.

Applicants with an ETS language certificate will be subject to interview by UKVI to ensure thorough scrutiny.

Students with TOEFL or TOEIC certificates obtained through ETS who have yet to apply for a visa should check the Gov.UK website before applying or contact their university for further information and guidance.

I've no idea at the moment if this is global advice, or whether it is specific to Japan, and it does talk about student applications, rather than settlement applications. But, it does also say that they are accepting applications that rely on ETS certificates ( was the OP's wife's certificate from ETS ? ).

I would be inclined to write back to the Embassy, quoting the above from the British Embassy Tokyo's website, and seeking further clarification.

Tony M

[bobrussell]

If the application information was valid at the time of submission it has to be valid throughout the application process!

I cannot think of a single situation where visa changes have been back-dated so I would suggest you politely let them know that you expect to be treated in a fair and appropriate manner. I would suggest you seek confirmation rather than clarification!

[Hels812]

Thanks for the reply Tony M. I read that today as well, although wasn't sure if it really applied to us as we're a. not applying in Japan and b. not applying for a student visa. I wrote a pretty firm email back to the ECO, but the trouble is I'm sure the decision isn't in their hands, but are waiting for some decision to be made higher up. Totally frustrating as we've been told this is the only thing standing in the way of the visa being granted.

There are several things about this situation that have really made me angry....

• During the application process you are repeatedly told that any documents and information that you submit must be true at the time the application was submitted (as you rightly pointed out bobrussell). In this case this is absolutely true, as at the time of our application the TOEIC test was an approved English language test.
• On the 17th April (which was only a few days after our application was submitted) it was made public that the TOEIC test would no longer be an approved language test. That is all well and good, but GIVE PEOPLE SOME WARNING! If they had said that this would have come into effect on 30th April/May, then it would have given people a chance to change their applications.
• It is impossible to find any information on the gov.uk website. Even searching today (12.05.14) the TOEIC test is still listed as an approved English language test https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/304853/approved_english_language_tests.pdf. The only thing I was able to find was posted on facebook and I have attached it for you to read. It states that any test taken after 5th April will not be accepted. Our tests were taken in January, so what's the problem?
• They don't know when they will come to a decision as to whether they will accept cases like ours. Maybe this week, maybe next month....

I was hoping to find anyone else who is in the same situation as us. Did you apply between 6th and 17th April and are relying on the TOEIC test to satisfy the English language requirement? Have you been told anything else by your ECO?

[ThaiVisaExpress]

As far as I am aware, it is only TOEIC tests through ETS that are no longer acceptable after the cut off date. If the TOEIC certificate is from another approved tester, then it should be valid anyway.

Tony M

[Hels812]

Yes, the tests are from ETS. I thought ETS was the only TOEIC tester?

[durhamboy]

Unfortunately Hels812 I think you are right in that it is ETS that provide the TOEIC test in Thailand. Firstly, if you look at the Thai bit of the thumbnail you inserted you can see the word ETS. Also I looked at my wife's TOEIC score report and there is an ETS logo on it - fortunately she failed TOEIC (!!!!!!!) and later passed BULATS.

So although it is the company CPA that run the TOEIC tests in Thailand they seem to have done so under some sort of licence from ETS (Educational Testing Service).

I have a lot of sympathy for your case and hope it will be resolved in your favour. However, what I think is even worse (and nobody else has so far commented on) is the fact that there must be thousands of people here in the UK with TOEIC passes who have still to apply for FLR (Further Leave to Remain). When they do that they must submit the original English language certificate they obtained before their visas were granted. If you read the small print in the FLR application forms it says that these certificates must be from test centres that are approved when the FLR application is made. Therefore, as it stands, all those who now apply for FLR with a TOEIC test certificate are likely to be rejected. If you think that this sounds a bit far-fetched then all I can say that a couple of years ago someone posted in this forum about the same sort of problem. They had a test certificate from a company in Pattaya which was valid at the time of their visa application and that company was "struck off" similar to the TOEIC case. Their application for FLR was refused although I think they were going to appeal and I never knew the outcome of it.

I hope common sense prevails but common sense in the same sentence as UKVI is an oxymoron!

[Sathi]

Hi all, I am in similar situation. Me and my wife applied for spouse visa and got an email on 25th June saying that I do not meet financial requirement but I do. They included the calculation showing that I am £400 short of £18600 and the calculation was done for salaried employee. But I am a non salaried employee so when I use the non salaried employee income calculation it exceeds the minimum threshold. I actually did include the calculation explaining clearly everything in the application but still they calculated mine as a salaried income.

Then we emailed the same email add explaining there has been a misunderstanding and I am a non salaried employee and requested to review our application. We also submitted the docs such as revised employment letter which now includes the word non salaried employee and a cover letter to the Vfs.

But we have waited nearly 10 days now and still no reply. We are given time till 10 July 2014 to prove that I meet the income criteria. And it's driving me crazy wondering did they even get that email, or did they get the docs? All these questions killing me now.

So if anyone could help me in this case I would very much appreciate this. If the story is confusing I can write again. So stressed and sorry fr these sad words.

I don't know what to do now.

We applied from nepal for uk spouse visa and the decision is made in New Delhi India if this helps.

So any advice to what I should do now or who I should talk to? Thanks for your time guys

[durhamboy]

I think that you should post the actual figures and calculations so we can make an assessment of what you are saying.

[Sathi]

Thanks for reply. This is what I got

As I have provided, payslips starting from December 2013 till May 2014 we have;

Dec 2013= £1542.12

Jan 2014= £1580.36

Feb 2014= £1697.03

March 2014= £1505.77

April 2014= £1632.01

May 2014= £1517.25

Total earnings for past 6 months= £9474.54

Calculation;

(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.

I.e. (£9474.54/6)x12= £18949.08

Therefore meeting the minimum income threshold of £18,600.

The reason they decided to refuse/hold the visa was, as email states,

"You have stated you earn £18956.74

The P60 you have provided indicate you earned £18142.83 in the last financial year.

If we based your income on the minimum payslip in last 6 months (minimum gross amount x 12) then your earnings are £18069.24.

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State's appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office's immigration website.

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.

In the meantime, if you submit any further information or document(s) this must be submitted by 10/07/2014 and it must relate directly to the reasons given above as to why you do not meet the income threshold requirement. It must also relate only to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date. If, on the basis of this further information or document(s) and otherwise, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted."

The calculation u sent was based on payslips from nov 2013 till apr 2014. Then came my May payslip so I thought I submit them too so yeah. The p60 issue was addressed as to why it was less, I travelled to get married n hence didn't get paid for time off so yeah.

Please any help. I will much appreciate all help and advice. I don't know wat I do. Thanks

[Tony M]

In order to understand your situation better, can I ask few questions :

1. What do you mean by a "non-salaried employee" ? Are you paid an hourly rate, for example, rather than an annual salary ?

2. What evidence did you provide that you are a non-salaried employee, rather than a salaried employee ?

You will need to know why they have treated you as salaried rather than non-salaried.

3. How long have you worked for your current employer ?

It looks like they might have considered you as a person who has only been with the same employer for less than 6 months. Would that be correct ? If that is so, then you would have to show that you earned at least 18,600 GBP in the previous 12 months, and you didn't ( as they have referred to your P60) .

That's all I can think of at the moment.

[Sathi]

Thanks for reply Tony...to answer ur questions

1) yes I get paid hourly, don't get paid for off sick or days off

2) my employment letter clearly showed that I was getting paid hourly, I just sent a revised employment letter which now also states the word "non-salaried employee"

3) I've worked for current employer for more thn a year nearly 2 now.

4) p60 wasn't supposed to b in the application cuz it shows income of last tax year and I was off for like a month or so for wedding. But my wife mistakenly included in the application.

That should clear the questions. So what do u think I should do now.

Since the decision, I've sent a cover letter explaining these above points+revised employment letter+email they sent me about the decision.

But I haven't heard from them yet.

Any advice will be much appreciated. Thanks

[jimn]

Thanks for reply Tony...to answer ur questions

1) yes I get paid hourly, don't get paid for off sick or days off

2) my employment letter clearly showed that I was getting paid hourly, I just sent a revised employment letter which now also states the word "non-salaried employee"

3) I've worked for current employer for more thn a year nearly 2 now.

4) p60 wasn't supposed to b in the application cuz it shows income of last tax year and I was off for like a month or so for wedding. But my wife mistakenly included in the application.

That should clear the questions. So what do u think I should do now.

Since the decision, I've sent a cover letter explaining these above points+revised employment letter+email they sent me about the decision.

But I haven't heard from them yet.

Any advice will be much appreciated. Thanks

Sathi, Slow down a bit. You are asking for advice and Tony M is doing his best to understand and advise you. You just say you have sent a revised employment letter. Why don't you wait for Tony M to advise you and then act on it. You may be confusing the ECO by rushing in without getting the right advice.

[Sathi]

That's a good advice mate thanks. And m really sorry. It's just they pointed out the date till I can send them sth to prove I can meet the financial criteria so that was the first thing I could think of n sent it. But yeah I don't know If it was the right thing cuz they haven't got back to me yet. Most probably they will wait till 10 July thn contact me? So frustrated. I haven't sent anything else yet so please help ... Thanks y'all for the advices btw. Dunno wat to do.

[Tony M]

Thanks for reply Tony...to answer ur questions

1) yes I get paid hourly, don't get paid for off sick or days off

2) my employment letter clearly showed that I was getting paid hourly, I just sent a revised employment letter which now also states the word "non-salaried employee"

3) I've worked for current employer for more thn a year nearly 2 now.

4) p60 wasn't supposed to b in the application cuz it shows income of last tax year and I was off for like a month or so for wedding. But my wife mistakenly included in the application.

That should clear the questions. So what do u think I should do now.

Since the decision, I've sent a cover letter explaining these above points+revised employment letter+email they sent me about the decision.

But I haven't heard from them yet.

Any advice will be much appreciated. Thanks

From what you say, it looks like the ECO may have made a mistake. As a non-salaried employee who has worked for the same employer for more than 6 months, your income should have been "annualised" ( as you have calculated). The P60 becomes irrelevant, I think.

It may well be that the ECO thought, on the documentation that you provided, that you were a salaried employee, or that you had not been with you employer for more than 6 months. Did you tick the Category A box on the financial appendix ( Appendix 2 ) ?

You say that you are expecting a response from the Embassy soon. If that does not happen, then you can contact the forum sponsor - Thai Visa Express- and TVE can possibly take the matter up with the Embassy on your behalf. They have been successful with other applicants in similar circumstances.

[durhamboy]

Sathi - do you have any other income e.g. interest income or dividends that just might push you over the £18,600?

Also any savings above £16,000 that could be combined to reach the requirement?

It seems to me that you are so close to £18600 that small amounts could make up the difference.

[Sathi]

Thanks Tony, I am still waiting for the reply and yes I did tick the cat A in the application. So I think I sud wait till yet get back to me and then take action with the help of forum sponsor like u said.

Thanks durhamboy for your reply too. No I do not have such huge savings at the moment. My family members can help me show the savings but I think it sud b in my acc for at least 6 months so yeah. No other source of income that I can show really so I will have to wait for them to get back.

Only if we could talk to the ECO and sort it out and make lives simple.

Thanks again for the advices and help I appreciate it. Will update as soon as I get sth.

[Sathi]

Btw talking bout extra income, I qualify for some benefits such as working tax credits/housing benefits etc. I haven't yet applied for any and i just found out today too. Do u think if I apply for benefits, will it affect out application? I've heard that sponsor shouldn't b getting benefits or sth. Anyone has any ideas on this? Thanks again

[bobrussell]

I suspect you need to do some sums. If you are eligible for working tax credits and housing benefit, this may well confirm you are not meeting the financial requirements. The original idea behind the £18600 was that it was the level where someone is not eligible to receive these benefits.

At the required income level an online tax calculator states Housing benefit = £0. Working Tax Credits = £0. There may be an element of Child tax credits if applicable.

Obviously there may be specific other factors in your case that are different and I could be misunderstanding the benefits system entirely!

[Sathi]

Haha Bob I think u are right. When I calculated it on the website I calculated me doing 40 hrs with £7.65/hr. But now I checked again with the average hrs I do and the pay and I didn't qualify. Well I m not really bothered at the moment tho. Just want to get my wife here.