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Spouse Visa Refused Due To Financial Reasons

spouse visa refusal financial

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#1 tman1972

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Posted 14 October 2012 - 09:12 AM

Hi,

As anyone who has had a refusal in this situation, it's been a difficult weekend as my wife who is in Istanbul was hoping to join me in London. I am hoping someone can help us in clarifying some points in what we need to do to try and get through this as we didn't get very good advice at the outset.

I am self employed and our application went in late July.. just after the rules changed. We checked to find out what exactly was needed and we recieved some local help from someone who said they were well versed. It's clear that they were not clear in the new rules on what I had to supply as a self employed individual... on top of that the information is only now becoming clearer on what they want but is still a little confusing.

I understand from another post on this site that these are the rules.. is this correct and if so can anyone please help with the points (in red) I'm unclear about so I can get those needed to provide the appropriate information.


5.5.3 In respect of self-employment – partnership, sole trader, franchise: evidence of all
of the following must be submitted:

• The amount of tax payable for the last financial year; the amount of tax paid for the
last financial year; and the amount of any unpaid tax for the last financial year. - my last tax return was from Apr 2010 to Apr 2011. I have a copy of this from my accountant which I can provide. My earnings were in excess of £33K so this is ok. My tax return for Apr 2011 to Apr 2012 doesn't have to be submitted till Jan 2013. My earning for this period are nearly £30K before tax. I have money in savings to cover the tax liability. I'm confused as to what I have to submit as they are asking for calculations for last year that have not yet been done.

• Latest annual self-assessment tax return to HMRC and Statement of Account
(SA300 or SA302). If necessary, the same for the previous financial year if the latest
return does not show the necessary level of income, but the average of the last 2
financial years does. - same as above although is it advisable to provide confirmation of monies received from companies I have done work for since Apr 2012 as my earnings have been in excess of £35K to date? If so would a letter from those companies on letter headed paper be ok?

• Proof of registration with HMRC as self-employed. Proof of registration must be
original or certified copy of documentation issued by HMRC only. - This is not a problem as I can ask HMRC directly

• Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the
partnership or business. - I can provide this.

• Where the person holds or held a separate business bank account(s), monthly bank
statements for the same 12-month period as the tax return(s).

• Monthly personal bank statements for the same 12-month period as the tax return(s).
These statements must show that the income from self-employment has been paid
into the person’s account. - All my income is from self employment is paid into my personal bank account. Where I have partnerships and separate bank accounts, do I need to provide these too for the past 12 months? Do I need to show the last 12 months personal bank statements too?

17 • Evidence of ongoing self-employment: for self-employed persons, evidence of
payment of Class 2 National Insurance contributions. For Directors, Current
Appointment Reports from Companies House. - I can provide evidence of payment of Class 2 contributions. I am also a Director of a company where I draw funds as a consultant as part of my income. Do I need to show evidence of this as well?.. Directorship and bank statements?

One of the following documents must also be submitted:
• Organisation’s latest annual audited accounts with the name of the accountant
clearly shown. The accountant must be a member of an accredited accounting body
(CIMA, CIPFA, ACCA, ACA, etc). - as self employed I don't have to have any accounts and all my information from earnings are on my tax return.. so I don't understand why they are asking for 'audited accounts' - My accountant is full accredited though.. is there something else apart from this they would want? I can provide audited accounts from the company I am a Director for.

• Certificate of VAT registration and latest VAT return confirming VAT registration
number if turnover in excess of £73,000. - not required

• Evidence to show appropriate planning permission or local planning authority
consent is held to operate the type/class of business at the trading address (where
this is a local authority requirement). - I'm not sure what I have to provide from my local authority as consent. I have an office in my home that I work from.

Also, this is the only reason why they refused the application... is it better to just reapply with all the appropriate information or would our appeal likely to be quick even though the application was made outside the UK in Turkey?

I'm sorry for being long winded in this but I want to make sure I provide the clarity they need to understand my income from multiple sources.

Thanking you massively in advance for any help you can give.



#2 Alban

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Posted 14 October 2012 - 11:55 AM

You have missed the point about last financial year, by thinking (My tax return for Apr 2011 to Apr 2012 doesn't have to be submitted till Jan 2013.

You need to get legal assitence and possibly filling you tax returns know on line if can ASAP
Good luck

#3 tman1972

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Posted 14 October 2012 - 12:17 PM

Hi Alban,

You're right. I can complete my return for last year immediately.

Thanks... Any pointers on the other things would be greatly welcome..

How stressful this process is!

#4 HannahK

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Posted 14 October 2012 - 03:13 PM

One of the following documents must also be submitted:
• Organisation’s latest annual audited accounts with the name of the accountant

clearly shown. The accountant must be a member of an accredited accounting body
(CIMA, CIPFA, ACCA, ACA, etc). -

• Certificate of VAT registration and latest VAT return confirming VAT registration
number if turnover in excess of £73,000. -

• Evidence to show appropriate planning permission or local planning authority
consent is held to operate the type/class of business at the trading address (where
this is a local authority requirement).

Only one of the above is required. As for the rest, provide as much as you possibly can.

#5 manida

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Posted 14 October 2012 - 03:59 PM

Hello my husband self employed individual i applied in september still waiting response i submitted statement of income and expenditure for year ended 5 April 2012 and self assessment tax calculation for 2011-2012 year 5 ended April 2012

#6 tman1972

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Posted 14 October 2012 - 04:35 PM

Thanks guys.

Is am income and expenditure necessary do you think?



#7 Victoria

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Posted 15 October 2012 - 09:23 AM

It is best to get professional help from a qualified person quickly. You may be able to present the correct documents with an appeal and therefore get the decision overturned without the need to go to court.

#8 Alban

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Posted 15 October 2012 - 12:44 PM

Tan1972- as I can see from Victoria reply you don't have to go to appeal, which it save you time and some money, and also you can spend Christmas with you wife in UK.
I honesty am very happy for you becouse I know what ist like
Good luck

#9 tman1972

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Posted 15 October 2012 - 12:49 PM

Thanks Victoria,

As the application was made in Turkey, is it likely that the appeal will happen fairly quickly? I've been told that this can take between 6 to 9 months for an overseas appeal.

Most of the immigration specialists and lawyers I have been speaking to today are suggesting that we should re-apply...


Alban.. I hope we can spend Christmas together in the UK!! Thanks for your support!

#10 Victoria

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Posted 15 October 2012 - 01:07 PM

It is possible, IF the appeal is prepared correctly, that the ECO will change their mind without having to go to an appeal hearing.

I'd be happy to help if you'd like to email me.




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