Hi All,
My wife has applied for family settlement visa from Hyderabad, India on March 06, 2015 and it has been refused on the grounds that not meeting income threshold requirements under Appendix FM.
I have provided a company tax return form CT600, P60 of last financial year y/e April 2014 (i.e from May 2013 to April 2014) as supporting evidence but i didn't show the bank statements, payslips, dividends for the same period.
Instead I claimed for the period Feb2014 to Jan2015 assuming that i need to submit latest 12 months (provided payslips, dividend vouchers, bank statements, accountant letter) from the date of application and note that year end for my company accounts is April 2015 which is why i couldn't get the accounts (CT600) ready for this period.
Although I have provided last available financial year end accounts, CT600 (y/e April 2014) along with latest period Feb2014 to Jan2015 payslips, dividend vouchers, bank statements, accountant letter. But ECO was referring to CT600 (y/e April 2014) and expecting supporting documents for the same period.
Questions:
1. Can I appeal in this case by providing supporting documents which ECO was expecting i.e payslips, dividend vouchers, bank statements for y/e April 2014?
2. What is the probability of winning this appeal if I appeal the decision?
3. Can anyone please provide me the notes how to appeal on this case?
Please find the detailed notes from ECO refusal letter as given below:
ECO Reasons for Refusal
Your application for entry clearance under paragraph EC-P.1.1 of Appendix FM is refused
because you do not meet the income threshold requirement under Appendix FM and/or the
related evidential requirements under Appendix FM-SE.
You have confirmed that you are not exempt from the financial requirements of Appendix FM.
You are therefore required to demonstrate that your sponsor has an annual income before tax of
at least £18,600. You have provided documents indicating that your sponsor receives income
from self-employment as the director of a limited company, xxxxxxx Ltd. You have provided a
Company Tax Return form CT600 which covers the dates 01/05/13 to 30/04/14.
The evidence required to demonstrate income as a director of a limited company in the UK is
specified in Appendix FM-SE. However, you have not provided:
. A current Appointment Report from Companies House.
. Corporate/business bank statements covering the ‘same 12-month period as Company
Tax Return CT600.
. Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600
. Personal bank statements covering the same 12-month period as the Company Tax
Return CT600 showing that the salary as a director was paid into an account in the name
of the person or in the name of the person and their partner jointly.
. Dividend vouchers for all dividends declared in favour of the person during or in respect of
the period covered by the Company Tax Return CT600 showing the company’s and the
person’s details with the person’s net dividend amount and tax credit.
. Personal bank statement(s) showing that those dividends were paid into an account in the
name of the person or in the name of the person and their partner jointly
You have also not provided any one of the following documents:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or a
print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in
excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and
National Insurance, proof of PAYE reference number and Accounts Office reference number.
I note that you have submitted a number of dividend vouchers, payslips and bank statements.
However, none of these relate to the relevant 12 month period covered by the CT600. I am also
aware that you have submitted a certificate of VAT registration — however you have not submitted
a VAT return.
In view of the fact that you have not provided the specified evidence or the necessary evidence
for the specified periods as required in Appendix FM-SE to the Immigration Rules, I am not
satisfied that you have met the financial requirement. In addition, I am not satisfied that you have
demonstrated that your sponsor meets the income threshold. I therefore refuse your application
under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
ManyThanks,
Raj
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