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Discussion Starter · #1 ·
Dear All,

I needed an advice on my spouse visa refusal court hearing due in few weeks time.

My wife spouse visa was refused on my financial circumstance.

I was on self employment (1.3 months old) when I applied for spouse visa

therefore I didn't have tax certificate however UTR was present. My accountant

letter and forecasted salary for a year that was greater then required sum of 18600.

Prior to my self employment I was working as a Full time software engineer

since I got graduated for 8 years and have been earning more than 18600

proved by P60s and bank statements.

I was unlucky and was made redundant closer to my visa applying date.

However I felt brave and wanted to start my own business hence I committed

self employment.

Visa Refusal knocked down my moral and I decided to go back to full time

salaried employment again. I manage to get back on job after refusal and

before filing an appeal.

My court hearing is near and I have all my payslips + banks statement +

company letter that shows my earnings.

Should I still worry ?

I am representing my wife myself.

Please advice .............
 

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Hi Ronz
Sorry to hear about your refusal, from what I understand you cannot provide new evidence at your appeal, the only evidence they will take into consideration are information before and up to the date of your application nothing after your refusal. It sounds like you are going to the hearing with all new payslips and bank statements which will not help your case.
 

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Discussion Starter · #3 ·
Hi Ronz
Sorry to hear about your refusal, from what I understand you cannot provide new evidence at your appeal, the only evidence they will take into consideration are information before and up to the date of your application nothing after your refusal. It sounds like you are going to the hearing with all new payslips and bank statements which will not help your case.
Thank you for the prompt reply,

I manage to find a new job before filling an appeal.

Therefore along with the grounds of appeal form, I sent along my salaried

employment company contract letter that stated my annual salary.

Do you think is that the information submitted in grounds appeal will not to be

considered aswell ?
 

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Thank you for the prompt reply,

I manage to find a new job before filling an appeal.

Therefore along with the grounds of appeal form, I sent along my salaried

employment company contract letter that stated my annual salary.

Do you think is that the information submitted in grounds appeal will not to be

considered aswell ?
As stated, only information that existed at the time of your application will be considered. No information about your new job will be considered.

Information about your new job will only be considered if you submit and pay for a fresh application.
 

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Discussion Starter · #5 · (Edited)
I appreciate your senior advice.

We were refused on not producing self employment tax returns showing that I

earn more than £18600.

I couldn't have obtained those document because my business was only 1.5 months old

and my UTR was under process to be issued, before that I was a full time employed and earning more.

HMRC takes up to 3 month to do self assessment on newly set up

business therefore obtaining tax returns before self assessment was not possible

The submission for tax returns only appear when

business is near to tax returns date that was July 2013 in my case.

Isn't it unfair that they won't consider my peculiar circumstances ?

Had I continued with my self employment I could have produced those

documents, instead I too executive decision and went back on full time

employment.
 

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I appreciate your senior advice.

We were refused on not producing self employment tax returns showing that I

earn more than £18600.

I couldn't have obtained those document because my business was only 1.5 months old

and my UTR was under process to be issued, before that I was a full time employed and earning more.

HMRC takes up to 3 month to do self assessment on newly set up

business therefore obtaining tax returns before self assessment was not possible

The submission for tax returns only appear when

business is near to tax returns date that was July 2013 in my case.

Isn't it unfair that they won't consider my peculiar circumstances ?
No, because in order to apply as self-employed you need to show your income from 1 financial year. You didn't meet the requirement because you had not been self-employed for 1 year with 1 year's accounts to back it up. You clearly didn't meet the requirement and were rightly refused.

From FM 1.7:

9. Self-employment or Director of a specified limited company in the UK

9.1. Category F: Last financial year

Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.


Had I continued with my self employment I could have produced those

documents, instead I too executive decision and went back on full time

employment.
The documents weren't the issue. The issue was that you hadn't been self-employed for 1 year and so could not show income for the previous financial year.
 

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Discussion Starter · #7 ·
Pardon me if I have not quoted this before,

Like I said since my business was 1.5 months old only, Prior to that I have

been working as a full time software engineer from last 5 years and I provided

12 months payslips and bank statements + P60 that showed my total income.

I initially thought that they will rely on my previous record of employment as

my new employment was too new.

Does that make any difference ?
 

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Pardon me if I have not quoted this before,

Like I said since my business was 1.5 months old only, Prior to that I have

been working as a full time software engineer from last 5 years and I provided

12 months payslips and bank statements + P60 that showed my total income.

I initially thought that they will rely on my previous record of employment as

my new employment was too new.

Does that make any difference ?
No. First, you weren't self-employed for a year. Second, you can only combine Category A and F if they cover the same 1 year period. So, for example you would have to be self-employed from January through December and working for an employer in either a salaried or non-salaried position for the exact same time period from January through December. Third, you would still have to be employed with that employer in the salaried or non-salaried position at the time of application. You filled none of those requirements.



From FM 1.7:

Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included.Under Category F or Category G, all income must fall within the financial year(s) relied on. For example, to count income from property rental the income must have been received during the relevant financial year(s), though the property must still be owned by the relevant person at the date of application.


Where a person in self-employment, or who is the director of a specified limited company in the UK, also relies on income from other employment (salaried or non-salaried) during the relevant financial year(s),they must also provide evidence of ongoing employment (salaried or non-salaried) at the date of application.
You should take the time to read Annex FM 1.7. I have included the link:

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
 

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Discussion Starter · #9 ·
My court hearing is in few weeks time, I have been waiting for over an year for this date ...
I was hoping that court would consider my redundancy timings, my overall background and prospect along with the new job.

does it meant that I shouldn't waste time and apply for a new application ?
 

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Hi Ronz

At the end of the day, if you feel you have sufficient evidence to win the case then go for it. You have waited this long, you have nothing more to lose but your time. Having waited this long I would go all the way what is a few more weeks, you never know!!! At the end of the day after this long it will only make you more aware if you have to apply. Good luck.
 

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Discussion Starter · #11 ·
Although am depressed by hearing the facts. I will try to think over night to decide what to do next.

I'd like to thank you senior expats for your time.

Much appreciated.

With Regards

RON
 

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My court hearing is in few weeks time, I have been waiting for over an year for this date ...
I was hoping that court would consider my redundancy timings, my overall background and prospect along with the new job.

does it meant that I shouldn't waste time and apply for a new application ?
Your previous or potential future earnings will not be considered. You need to figure out which category best applies to you. Unfortunately, there is no category for past earnings combined with future prospects. You need to be able to show the hard evidence as outlined in FM 1.7.
 

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Discussion Starter · #14 · (Edited)
Hi Skinnie and nyclon,

I understand that i was refused as my self employment wasn't 1 year old and backed by the bank statement.

However my self employment lasted for 5 months before i went back on salaried employment on which i have paid taxed. the tax proves that i have earned alot more than required amount (18600pa) in those 5 months.

Do you think court will consider that I earned more than required amount in my self employment (I have tax certificate and business bank statement now available to back it up)

and the fact that i couldn't produce these docs when i applied as my business was too new.

and half way through my self employment i moved on to salaried employment because I simply couldn't cope up with the pressure and had my motivation killed due to my missus and i living apart?

and as we stand i am earning alot more than required amount pa and have been working for 8 months.

Also do you think that judge can show flexibility if appellant has all the correct paper work but was delayed due to time factor.

I really appreciate your honest and valuable advice.
 

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Never say never but Home Office solicitor will do their best to confirm rejection.
 

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Discussion Starter · #16 ·
Hi Guys,

Here i am back again ..

Unfortunately i did not get successful with my hearing ... I had my court hearing done today and you were absolutely correct in saying that the judge told me to reapply with fresh application.

I am now applying for new application and i have following questions.

My missus TB certificate is expired, Do we need a new 1?
Is it true that now spouses applying for spouse visa require Life in UK knowledge test ?

Please advice

Many thanks
RON
 

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Discussion Starter · #18 ·
Thank you

You guys are so brilliant with your honest answers. All i can say is Thank you for helping for free !!!

More question to follow
 

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Discussion Starter · #19 ·
Since i am going to apply all over again therefore this time i want to be Extra Extra Extra cautious.

1) In my previous application, the only problem raised was regarding my financial requirement. everything else was accepted, Should i simply fill in the same details as previously filled as nothing changed apart from my financial requirement with new job details ?

Also do you guys have any other info that i should keep in mind ?

Please advice ..
 

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Update any details.
Make sure you meet the 28-day rule on financial documents like payslips and bank statement.
Be prepared to wait longer as re-application always attracts extra checks and verifications.
 
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