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Discussion Starter · #1 ·
Hey All,
I am writing this on behalf of my friend. His spouse visa was refused because he did not meet the financial requirements. As he is a company director, he did not submit all that is required for a company director. He cut his salary from the companies income and only submited his last 6 months bank statment, payslips, letter from accountant confirming his directorship, company house letter, VAT registration.

He only started this business recently ie 6 months.

He is inviting his wife and 2 children. all were refused because he didnt provide all information required for a company director. I attach the full refusal letter to this post for you to read.

He took advise from his solicitor and his preparing an appeal which is on 2nd June.

Please advise him on what he should do best to prepare for this appeal and have a good chance of winning.

Thanks very much for your time everyone.
 

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If the company had only been in existence for 6 months when he applied, I don't see how an appeal would help - as he did not have the 12 months of company information required to qualify under self employed/company director?
 

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Discussion Starter · #3 ·
If the company had only been in existence for 6 months when he applied, I don't see how an appeal would help - as he did not have the 12 months of company information required to qualify under self employed/company director?
Yea I understand, now the solicitor have already made me go through this appeal, what would be best advise increasing the chances of wining this?
 

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Drop the appeal and re-apply with ALL the necessary paperwork.

The company has now been in existence for a year so he should have all the required documentation.

If you continue with the appeal your lawyer should be advising you on how best to justify it.
 

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Discussion Starter · #8 ·
So he had all the documents at the time of application he just didn't submit them?
some of the documents were not available as the company was new, ie the documents with regards to taxation are only available after full financial year, others he just didnt submit as per his accountant advice. Instead his accountant wrote a letter and wrote in the letter representing him. So should ECO needs clarifications, they should contact his accountant. But they did not contact him, just refused based on the missing documentation.

bear in mind at the time, the financial requirements rules were being challenged in courts as well hence they stated that this case was on hold.
 

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yes and yes
In the refusal letter your friend presented that he had earned 31,200 in the past financial year - not in the past 6 months. Also, no payslips were presented with the application.

The only document the authorities received was a Company registration document.

How can this one document justify an application?
 

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Discussion Starter · #10 ·
In the refusal letter your friend presented that he had earned 31,200 in the past financial year - not in the past 6 months. Also, no payslips were presented with the application.

The only document the authorities received was a Company registration document.

How can this one document justify an application?
I see your point, his intention was to say that this is my income per annum and he applied not knowing about the 12 months requirement for directors of a company. Obviously this a big mistake on his part. He now has all the documents .

we are just seeking some help we are already in a mess, how best to proceed to make the balance go in his favour... i guess I am looking for the best possible situation...

article 8? or another way to best present this case... btw i really appreciate all the feedback from you guys. You guys are amazing!
 

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some of the documents were not available as the company was new, ie the documents with regards to taxation are only available after full financial year, others he just didnt submit as per his accountant advice. Instead his accountant wrote a letter and wrote in the letter representing him. So should ECO needs clarifications, they should contact his accountant. But they did not contact him, just refused based on the missing documentation.

bear in mind at the time, the financial requirements rules were being challenged in courts as well hence they stated that this case was on hold.
....... and the rules for applying under self employed/company director quite explicitly state that financial documents are required for the past financial year - not 6 months.

With the thousands of applications they receive, you expect the Immigration authorities to contact ad hoc people who have written a letter of explanation because the application does not contain all the information and documentation as set out in the requirements?

Really .........
 

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Discussion Starter · #12 ·
....... and the rules for applying under self employed/company director quite explicitly state that financial documents are required for the past financial year - not 6 months.

With the thousands of applications they receive, you expect the Immigration authorities to contact ad hoc people who have written a letter of explanation because the application does not contain all the information and documentation as set out in the requirements?

Really .........
again i take your point 100%. what is the best way forward...how to organise the case best to have a chance to win. any advise or ideas. its too late to cancel the appeal now.
 

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again i take your point 100%. what is the best way forward...how to organise the case best to have a chance to win. any advise or ideas. its too late to cancel the appeal now.
How can you NOT cancel an appeal?? There are no grounds for it, no acceptable evidence - why bother and take up the court's time for a case without merit?? This is ridiculous. The application was denied for a correct reason and there is no reason for an appeal, no matter what any solicitor may say and charge for.

The applicant needs to gather the correct documentation, prepare a correct application and reapply. If they are wise, they will dump the solicitor, save their money and ask about their application and documentation here.
 

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Discussion Starter · #14 ·
How can you NOT cancel an appeal?? There are no grounds for it, no acceptable evidence - why bother and take up the court's time for a case without merit?? This is ridiculous. The application was denied for a correct reason and there is no reason for an appeal, no matter what any solicitor may say and charge for.

The applicant needs to gather the correct documentation, prepare a correct application and reapply. If they are wise, they will dump the solicitor, save their money and ask about their application and documentation here.
I wish that was easy, the english exam that the applicant did we are not sure if it is valid anymore as new application requires new tests that are approved by ECO. So obtaining a new english does take a while. Also as this involves 3 applicants, it cost more, way more with NHS surcharge. so if he can overturn this refusal it will provide a lot of relief for the family.
 

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I wish that was easy, the english exam that the applicant did we are not sure if it is valid anymore as new application requires new tests that are approved by ECO. So obtaining a new english does take a while. Also as this involves 3 applicants, it cost more, way more with NHS surcharge. so if he can overturn this refusal it will provide a lot of relief for the family.
Then all the more reason to be sure the next applications are done correctly.

If the application was filed before the business existed for 12 months, then there are no grounds for appeal and no chance of it being overturned. If the required financial evidence did not exist until after the date of application, it cannot be considered at an appeal (no new evidence is allowed). There are no shortcuts or any other routes around the financial requirements, period.
 

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The business doesn't have to exist for 12 months.
What does one need to show for self employment/company director if business has not been in existence for 12 months and cannot show figures for last full financial year?
 

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Show accounts for the last financial year, even if the business wasn't in operation for the full period.
 

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Show accounts for the last financial year, even if the business wasn't in operation for the full period.
Of course, fully understand that.

OP's problem is that he did not show any accounts, payslips, bank statements etc.
 
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