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Topic: i have been refuse and wan to appeal  (Read 642 times)

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i have been refuse and wan to appeal
« on: November 27, 2015, 01:16:52 PM »
where can i download the appeal form and also we have a lawyer IAFT-6

•   Your application also falls to be refused under the Immigration Rules because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.

You have stated on your application form that you wish to rely on your sponsor’s self-employment. You have stated that your sponsor’s income from self-employment during the last financial year was £19,760. In support of your application your sponsor’s tax return states that the net profit for the year April 2014 to April 2015 was £9,414. The accounts which you have provided state that your sponsor’s net income for 2015 has been £7,356 and for 2014 was £8,940. Given this, I am not satisfied that you have met the financial requirements; your sponsor would need to have earned a minimum of £18,600 during the last financial year.

•   Your application for entry clearance under Appendix FM is refused because you do not meet the financial threshold as required under Appendix FM, or the related evidential requirements under Appendix FM-SE. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)



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•   Met

I have considered your rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be compliant with human rights legislation. Although you may have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.

It has also been considered whether your application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the Immigration Rules.

You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of entry clearance outside the rules.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

•   Because your application has been refused, if you have made a Health Surcharge payment in relation to this specific application for a visa/entry clearance, this will now be refunded automatically. The refund will be made to the card used to pay the Health Surcharge.  You should note that you may be required to make a fresh Health Surcharge payment with any fresh application or if any appeal against this decision is successful.  If you were liable to make a Health Surcharge payment and did not do so, you should ensure that a payment is made in any future application you make in the same category.  Failure to make this payment may result in any future application being delayed or refused. 
« Last Edit: November 27, 2015, 01:52:14 PM by eddyj »
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Re: i have been refuse and wan to appeal
« Reply #1 on: November 27, 2015, 01:31:35 PM »
Where can i download the appeals form... please point me..

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i have been refuse and wan to appeal
« Reply #2 on: November 27, 2015, 01:43:08 PM »
So sorry that you got a refusal :(.

Before you decide to appeal, I would just take some time to work out whether it's worth it.

Do you actually meet the requirement, or were UKVI correct that she only made £9,414 after expenses April to April?

Because an appeal will likely take at least 8 months to be processed and it won't be approved if you don't actually meet the requirements.

If her bank account and tax return only shows £9,414, then how will you prove she made £18,600+?

Even if it was wrongly refused, it would be much quicker and easier to just reapply with the correct documents than to appeal... By reapplying you could have the visa in a few weeks, while the appeal will take months and may not actually be approved.


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Re: i have been refuse and wan to appeal
« Reply #3 on: November 27, 2015, 03:23:44 PM »
We will re-apply..

 She did make 19,00..but i wonder if its the documents i missed send 3 saving documents
but if they went with  Tax   the i will have to wait till next april.. because she has being paying her right now.

Also  you can be right so if i re apply they will go through the same thing again.

We met the other criteria..

I never knew i could cry woow but it did, its So freaking hard.

also i just want to be with her on Christmas.. and i dont even have my passport...hope they don't keep it ..they better not.
 
« Last Edit: November 27, 2015, 03:28:22 PM by eddyj »
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Re: i have been refuse and wan to appeal
« Reply #4 on: November 27, 2015, 03:41:11 PM »
I'm very sorry to hear of your refusal.

For self-employment, her income is what she paid taxes on.  So unfortunately if her tax return shows she paid tax on an income of only £9k, that's all the UKVI will consider.  Will she be able to show she's paid tax on more than £18,600 for April 2015 - April 2016?  If so, you can reapply soon after the new tax year begins.

Have you looked into her relocating to Canada?  Would that work out better?

Big hugs!


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Re: i have been refuse and wan to appeal
« Reply #5 on: November 27, 2015, 03:44:42 PM »
also i just want to be with her on Christmas.. and i dont even have my passport...hope they don't keep it ..they better not.

Sorry about your refusal.

Are you planning to visit the UK at Christmas, or for her to come to you in Canada? It might not be that easy for you to enter the UK as a visitor (show you don't intend to remain in the UK) when you have already declared you want to settle in the UK and have been refused.


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Re: i have been refuse and wan to appeal
« Reply #6 on: November 27, 2015, 04:07:41 PM »
I'm very sorry to hear of your refusal.

For self-employment, her income is what she paid taxes on.  So unfortunately if her tax return shows she paid tax on an income of only £9k, that's all the UKVI will consider.  Will she be able to show she's paid tax on more than £18,600 for April 2015 - April 2016?  If so, you can reapply soon after the new tax year begins.

Have you looked into her relocating to Canada?  Would that work out better?

Big hugs!

Her family is there and they are very close knit ..beautiful people i would not want her here  due to her business, she is paying herself and by next yr April she should be good but will have to reapply..will talk to the lawyer Monday sent her the document, she was paying her self from june not april so i think that's what not adding up
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Re: i have been refuse and wan to appeal
« Reply #7 on: November 27, 2015, 04:10:13 PM »
Sorry about your refusal.

Are you planning to visit the UK at Christmas, or for her to come to you in Canada? It might not be that easy for you to enter the UK as a visitor (show you don't intend to remain in the UK) when you have already declared you want to settle in the UK and have been refused.
I want to Visit fro 3-4 weeks if possible.. i understand its going to be hard ..she wants to come for Christmas and be with me..
i don't even have my passport...waiting for it to come back, I would love togo there and be with her
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Re: i have been refuse and wan to appeal
« Reply #8 on: November 27, 2015, 04:16:53 PM »
Her family is there and they are very close knit ..beautiful people i would not want her here  due to her business, she is paying herself and by next yr April she should be good but will have to reapply..will talk to the lawyer Monday sent her the document, she was paying her self from june not april so i think that's what not adding up

Totally understand.  That's great that she has a wonderful family.

Remember it's all about what she pays tax on, not what she pays herself.  Her taxable income needs to be greater than £18,600.


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Re: i have been refuse and wan to appeal
« Reply #9 on: November 27, 2015, 05:49:08 PM »
Totally understand.  That's great that she has a wonderful family.

Remember it's all about what she pays tax on, not what she pays herself.  Her taxable income needs to be greater than £18,600.

she runs at alost and does not pay Tax she is a sole trader and runs at a loss
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Re: i have been refuse and wan to appeal
« Reply #10 on: November 28, 2015, 01:02:44 PM »
she runs at alost and does not pay Tax she is a sole trader and runs at a loss

If she runs at a loss then it's not going to be possible to show that she pays tax on at least £18,600.

Running a business is hard - both my husband and I are self-employed.  Some things to potential consider:  When we need to show greater income (we're buying a flat soon we hope!) we take less expenses so put off purchasing new business equipment, etc.  Being self-employed it's easier to make minor adjustments to how things are filed for a year or two to show higher or lower earnings.  If she's a sole trader and works from or stores business related items at home she may be able to claim a portion of her rent or mortgage as expenses. We do, 2 rooms in our home are solely for business use.  What about petrol, electricity, mobile phone, internet, travel?  There are pretty strict rules in places but knowing them and making minor adjustments can help quite a bit if you need to either show more or less taxable income.
« Last Edit: November 28, 2015, 01:17:04 PM by Larissa »


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