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Discussion Starter · #1 ·
Hello there,

I have applied for entry clearance as a wife of British citizen under paragraph EC-P.1.1 (d) of Appendix FM on the basis of my cash savings. I got an email saying that:

"application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. 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 – by 02/10/2013 you submit any further information or document(s), 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."

I see that the inspector didnt make right calculations, I want to provide further info. However, in the letter there is no any explanations how i can provide it, can I just reply the email (the email came from [email protected] address) or what? (In the beginning of letter it says
UK Visas and Immigration
Directorate
Meşrutiyet Caddesi No.34
Tepebaşı, Beyoğlu PK 33
Istanbul

Tel 0 212 334 6400
Fax 0 212 334 6504
Email: please send via
www.visainfoservices.com

UK Border Agency | Home Page visas)

Im from Kazakhstan and our docs r considered in Istanbul hub.

Please advise. Thanks a lot!
 

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Your application is on hold as you either don't meet the requirement of having £62,500 in savings, don't meet the 6-month or readily-accessible requirements, or did not provide sufficient or correct documentation to show it. Your application is then on hold until either the outcome of of the court's appeal or you provide additional documentation.

How much savings do you have? What documentation did you provide to show it?

If you would like to provide additional documents. Submit them by registered post to the address in your e-mail, quoting your reference number (should be in Subject or body of e-mail) on both the inside AND the outside of the package.
 

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Discussion Starter · #3 ·
Leanna, thanks a lot!

So I can send it via post myself without visiting local VFS office, right.

I think I do have sufficient funds but seems like inspector summed my accounts wrong (?!).
 

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Leanna, thanks a lot!

So I can send it via post myself without visiting local VFS office, right.

I think I do have sufficient funds but seems like inspector summed my accounts wrong (?!).
It's possible, mistakes are known to happen, especially when adding up multiple accounts. With your additional information, it would be useful to attach a document explaining how you meet the requirement ie. this account has x over 6 months, etc etc and add them up.
 

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It's always difficult for us to advise as we haven't seen your application and supporting documents. Read carefully the rejection letter, which should specify the precise grounds for refusal. If it was miscalculation as you state, do tell us the exact details you have submitted, and we can be more helpful.
 

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Discussion Starter · #6 ·
It's always difficult for us to advise as we haven't seen your application and supporting documents. Read carefully the rejection letter, which should specify the precise grounds for refusal. If it was miscalculation as you state, do tell us the exact details you have submitted, and we can be more helpful.
Thank you, Joppa!

I showed three accounts. Two of them I had for a long time, but as requested I showed their statements starting December 2012, as I applied at the beginning of July.

As I see: at the beginning, thats is Dec 2012, two of them I had in local currency KZT12 632 898 and KZT4 311 951. The Inspector used 1quid=KZT240.978 rate. So that means that I had 70 316 quids on my two accounts, which I see as already enough money.

At the end of March there was a risk of devalvation and so I changed part of money in one of he accounts into USD and put into a new account. This took place in one day at the same bank. I withdrew KZT 3 000 000 and on another account it appears (March 29th) as USD 19 867. As the result on that day I had KZT13 890 772, KZT1 393 782 and USD 19 867. Even without this USD account (if it is considered as an account held for less than 6 months) my original first two accounts together give 63 427 quid,which in my understanding I didnt breach 62 500 rule. With USD account it gives 75 793 quid.

So from this point on I had three accounts. I could have not shown this third account at all but I did so that Consulate wouldnt have questions where have I spent a big amount like KZT 3 000 000 in one day and for them to understand that Im a good money saver and what I earn appears on my accounts and this how I could save that much.

There were no any other changes to accounts otherwise up until now except for big increases (thanks to my annual bonuses) and tiny withdrawals (that of course have never affected 62 500 rule). As the result as of end of June-beginning of Jule I had KZT16 376 665, KZT1 492 404, USD 15 528. So again even without USD account I had 74 152 quid. And on USD account I had additional 9 665 quid.

As inspector sees: "If relying on savings. - I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to qualify, you and your sponsor require £62,500 in savings in order to meet the financial requirements. You have provided evidence that you have 1393782.97 KZT (£5783.87 £1=240.978 KZT on date of application, source Oanda) in your Kaspi Bank account held since December 2012, and 12632898.94 KZT (£52,423.50) held in your Alliance bank account since December 2012. (Total £58,207.37)

You have also provided evidence of $15,454 USD (£9832) in funds held in a Kaspi Bank account. However the funds have only been held in this account since March 2013 and therefore I am unable to take the funds in this account into consideration with your application. Therefore I am not satisfied that you or your sponsor has held the required minimum savings continuously for the previous 6 months. ".

So inspector considers my one KZT account from December with its December amount, but the second one considers as of December but with March amount and as the result sums up that its not enough. Inspector doesnt have any other comments ("Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. ").

I find it miscalculation as on my two accounts which I owned for more than 6 months for all six months long (as considered from December 2012) and up until now I have amounts exceeding 62 500 quids. USD gives more.

Please advise.

I have to add that since July 2013 I sold my flat so I have bigger amounts on my accounts.

Thank you!!
 

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Looking at it again, the ECO got it right. It's the minimum balance held in each of your two accounts during Dec 2012 to June 2013 period that counts. Accordingly, it was KZT 12,632,898.94 (£52,423.50) at Dec 2012 at its lowest point and KZT 1,393,782.97 (£5,783.87) at March 2013, total £58,207.37, so below the £62,500 required.

Remember they take the lowest daily balance at any time during the 6-month period for each account, so it was in December for one account and March in the other. If you hadn't converted part of your savings into USD, it would have been ok. They don't take a snapshot at the same time of your two accounts.
 

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Discussion Starter · #8 ·
Looking at it again, the ECO got it right. It's the minimum balance held in each of your two accounts during Dec 2012 to June 2013 period that counts. Accordingly, it was KZT 12,632,898.94 (£52,423.50) at Dec 2012 at its lowest point and KZT 1,393,782.97 (£5,783.87) at March 2013, total £58,207.37, so below the £62,500 required.

Remember they take the lowest daily balance at any time during the 6-month period for each account, so it was in December for one account and March in the other. If you hadn't converted part of your savings into USD, it would have been ok. They don't take a snapshot at the same time of your two accounts.
Oh, really. What can I do now then? Please advise. Thank you! !
 

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You have to re-apply as you were correctly turned down. Your USD account will count now as it's six months since you've opened it, so just apply submitting details of all three and you should be fine. To be absolutely sure, find out the lowest daily balance for each of your three accounts during March to Sep 2013 period, add up and should come to at least £62,500. Remember also they use Oanda spot rate on the date of application.
 

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Discussion Starter · #10 ·
You have to re-apply as you were correctly turned down. Your USD account will count now as it's six months since you've opened it, so just apply submitting details of all three and you should be fine. To be absolutely sure, find out the lowest daily balance for each of your three accounts during March to Sep 2013 period, add up and should come to at least £62,500. Remember also they use Oanda spot rate on the date of application.
I see, thanks a lot for your explanations and advice!

I have some old enough (as of Dec 2012) accounts too which I haven't stated in my application as I thought what I have is more than enough. Is it possible for me to now present those as additional info to get visa?

In case I have to reapply will it be considered as if I was rejected the previous application or just nothing and it will just stay in Consulate records?

Thank you very much! !

It's sort of annoying situation cause even now Court is saying that money is a bad reason to reject whereas in my case it will be like bureaucracy.
 

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Well, since with the dollar account you now meet the requirement, there is no need to show any other accounts.
I'm afraid your refusal will stay on record with Home Office and you can expect extended processing times for future applications, but there's nothing you can do about it.
I can half understand your frustrations, but the rule is clear and you didn't meet it. If you had asked us before applying, we could have pointed out to you.
 

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Discussion Starter · #12 ·
Well, since with the dollar account you now meet the requirement, there is no need to show any other accounts.
I'm afraid your refusal will stay on record with Home Office and you can expect extended processing times for future applications, but there's nothing you can do about it.
I can half understand your frustrations, but the rule is clear and you didn't meet it. If you had asked us before applying, we could have pointed out to you.
Thank you, Joppa! Rule is a rule and it has to be followed. I understand it. I would have asked if I could be aware, its not just a matter of visa fee but more to be together. We haven't seen each other for 6 months now.

Of course, I don't want any visa refusals as any visa to most countries have questions like have you ever been rejected visa to any country and if yes, what were the reasons. It will be subsequent complications.

That is why i do want to avoid any refusals. . if on my other account I will have sufficient funds to make it to 62 500 £ is there a chance I can explain in my additional info that yes, I admit that I didn't myself aware of the rule mentioned above so i would like to ask you to consider my other accounts?

If you will still advise me to reapply shall I collect all documents (like for example not overcrowded statement by the Watford city Council, payment of the utility and Council tax bills) again or previously prepared docs plus renewed bank statements will be enough? Im more worried about docs that take time like not overcrowded statement as it took about 3 three weeks just to get it and 2 weeks from the UK to KZ.

Thank you! !
 

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If you did have another savings account that would when added together have met the requirement at the time of application, you can try appealing. Just check you have all the required evidence, such as statement covering Dec 2012 to June 2013 etc.
 

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Discussion Starter · #14 ·
If you did have another savings account that would when added together have met the requirement at the time of application, you can try appealing. Just check you have all the required evidence, such as statement covering Dec 2012 to June 2013 etc.
Thank you!

By saying try to appeal you mean there is a chance worth trying but no guarantee? Thank you! !
 

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Yes, nothing is guaranteed but if you can meet the requirement with the third account you didn't submit originally, then you stand a good chance.
 

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Discussion Starter · #16 ·
Yes, nothing is guaranteed but if you can meet the requirement with the third account you didn't submit originally, then you stand a good chance.
Thank you, Joppa!

I was thinking in case third account or any other additional info wont satisfy them, can they still reject visa? As it will again be rejecting due to solely financial requirement, no?

Thank you very much! !
 

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You must address every point raised in the rejection letter. Provided it's done, and you re-submit the evidence for all other requirements, suitably updated, then you should be approved this time, but there is still no guarantee. But check and re-check everything, then you stand a very good chance.
 

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Discussion Starter · #18 ·
You must address every point raised in the rejection letter. Provided it's done, and you re-submit the evidence for all other requirements, suitably updated, then you should be approved this time, but there is still no guarantee. But check and re-check everything, then you stand a very good chance.
Thank you very much! !
 

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Do we really need to show that we have enough savings? or will your salary be enough if it's more than 18k gbp a year
 
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