Wife ILR Application Refused - Financial Requirement

[arusha123]

Hi,

I need someone's advice urgently.

My wife has applied for the UK settlement Visa from India in Jan2015. However UKBA has refused the application with the below text.
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Refusal Decision:
"You are relying on your spouse's income from self employment in order to meet the financial requirement"

“In assessing your application against these requirements. I have noted the following:
- You sponsor started his business on 10/10/2014. The specified evidence required includes documents covering a 12 month period in order to establish income. Your sponsor will not be able to provide the required evidence until his business has operated for a full tax year at which time he would be in a position to submit documents relating to that 12 month period.

You have not therefore provided the required evidence or demonstrated that your spouse's income is over the minimum requirement of £22400. 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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I have provided payslips for the last 12 months which includes payslips from my new Job and my previous job.

I have changed my employment in the month of October-2014. I have opened a limited company in October2014 and I am the director of the Limited company. So I have produced the following documents
---- Payslips --- Jan-2014 till Oct-2014 (Previous Employment)
---- Payslips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Dividend Slips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Bank statements from Jan-2014 till Dec-2014

The total sum of my previous and current employment (£40,000) in the last 12 months is well above the limit of the minimum requirement of £22400.

My employment has been considered as a self employment ..? I am not exactly sure on what basis UKBA has considered my New job as Self Employment. --- Can you please explain..?

As a director of the Limited Company, do I need to wait for 12 months to complete before I apply for the VISA for my family..?

Has anyone had any experience of appealing against this situation..?

I will appreciate if someone can advise on this case.

Thanks

[ashok2013]

Hello,

Can some please comment on the above query .

Thanks

[Obie]

Director of a limited company are usually considered as Self-Employed.

[Obie]

Director of a limited company are usually considered as Self-Employed.

As a director of a Limited company, you indeed


You application was clearly not for ILR , but Leave to enter as a family member of a Settled person.

[arusha123]

Thanks for your reply..

I have provided payslips for the last 12 months which includes payslips from my new Job and my previous job.

I have changed my employment in the month of October-2014. I have opened a limited company in October2014 and I am the director of the Limited company. So I have produced the following documents
---- Payslips --- Jan-2014 till Oct-2014 (Previous Employment)
---- Payslips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Dividend Slips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Bank statements from Jan-2014 till Dec-2014

But UKBA has refused the application stating that my Limited Company has not operated for full 12 months. But UKBA has not considered my permanent employment salary from Jan-14 till Oct-14.

Could anyone share any updates for this query please..?

[Obie]

How could it be considered if you are not currently in employment? At least that is what the law says they should do.

[arusha123]

Thanks Obie...

Is there any other way for me to bring my family atleast for a short time (3-4 months). i.e Visitor Visa or any other visa..?

Are there any restriction/rules applicable on visitor visa for the the applicant for whom the VISA is refused for Family of the Settled person ..?

Please advice.