Selaam alai kum,
Some one please explain this i have sent all those documents before i have paid tax on that income. i sent sa302 everything what else do they need?
19th March 2014
Dear xxxxxxxxxxxxxxxxxxxxxxxxxxx,
xxxxxxxxxxxxxxxxxxxxxxxxx
On 5 July 2013, the High Court in the UK handed down its judgment in a Judicial Review
of the minimum income threshold for spouses/partners and children applying in the family
route. Having reviewed the judgment, the UK Home Secretary has decided to pursue an
appeal to the Court of Appeal (and has asked for this to be expedited).
The Home Office has therefore temporarily paused decision-making on some
spouse/partner and child settlement visa and leave to remain applications. More
information about this hold on decisions is set out on our website.
Your application for entry clearance under paragraph E-ECP .3.1. of Appendix FM to the
Immigration Rules has been considered. 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. In order to meet the financial
requirements of the Rules your sponsor's income from self employment and other income
in the last full financial year or as an average of the last two full financial years needs to be
at least £18,600 per annum.
You have said in your Appendix 2 form that your sponsor is self employed as Phone City
since 2011 and their gross income (before tax) in the last full financial year was £23,303.
In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all
of the following must be provided:
UK Visas and Immigration is an operational command of the Home Office
(a) Evidence of the amount of tax payable, paid and unpaid for the last financial
year.
(b) The latest:
(I) Annual self-assessment tax return to HMRC (a copy or print-out);
(II) Statement of Account (SA300 or SA302);
(iii) The same for the previous financial year if the latest return does not
show the necessary level of gross income, but the average of the last 2
financial years does.
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the
partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank
statements for the same 12-month period as the tax return(s).
(f) Personal bank statements for the same 12-month period as the tax return(s)
showing that the income from self-employment has been paid into an account in the
name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through:
(i) evidence of payment of Class 2 National Insurance contributions (for self-
employed persons); or,
(ii) (ii) current Appointment Reports from Companies House (for Directors).
(h) One of the following documents must also be submitted:
(i) (aa) If the applicant's business is a registered company that is required to
produce annual audited accounts, the latest such accounts;
or (bb) If the applicant's business is not required to produce annual audited
accounts, the latest unaudited accounts and an accountant's certificate of
confirmation, from an accountant who is a member of a UK Recognised
Supervisory Body (as defined in the Companies Act 2006);
(iii) A certificate of VAT registration and the latest VAT return (a copy or
print-out) confirming the VAT registration number, if turnover is in excess of
£73,000;
(iv) 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); or
(v) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the
organisation is a franchise.
However you have failed to provide the documents required in (h). The account letter you
have provided for (h)(i)(bb) is not from a member of a UK recognised supervisory body.
You have not provided the latest unaudited accounts as required above. In view of the fact
that you have not provided the specified evidence for the specified periods as stated in
Appendix FM-SE of the Immigration Rules, I am not satisfied that you have met the
financial requirement.
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. 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 3 weeks from the date of this notice - 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.
Any additional documents received within this timeframe will be considered by an Entry
Clearance Officer. If, on the basis of this further information it is determined that your
application meets the requirements of the Immigration Rules, a visa will be issued.
However if it is determined that your application still does not meet the requirements of the
Immigration Rules, your case will remain paused until the outcome of the appeal is known.
Your application may be refused if other grounds come to light which were not applicable
at the time of the initial decision.
Please note that if your case remains paused, we will not write to you again until the
outcome of the appeal is known.
You can submit further documentation to us via courier, using the postal address above, or
via one of our Gerry's visa application centres. Please ensure that documents sent to us
comply with the guidance online in relation to supporting documents. You should also
include a covering note quoting your reference number (found at the top of this letter), so
that we can identify your case. Evidence should be submitted in original format and
thus emailed copies of documents will not be considered as part of the application
process.
Alternatively, you can withdraw your application at any time (and any document(s)
submitted with it will be returned to you) and you can pay the relevant application fee and
make a fresh application. You may wish to consider doing so for example if you wish to
rely on a change in circumstances since the date of your application or on the fact a
requirement relating to a period of time (e.g. in respect of employment or cash savings) is
now met which was not met at the date of the application. If you withdraw your application,
you will not be refunded the application fee.
If you wish your passport to be returned to you while your application remains on hold,
please email
visaenquiries.islamabad@fco.gov.ukand this will be arranged for you.
We apologise for the inconvenience this will cause you and your family. We will update
you once we know the outcome of the appeal. We thank you for your cooperation and
keeping your correspondence to a minimum.
Yours sincerely,
UK Visas and Immigration
British High Commission, Islamabad, Pakistan
