FLR (M) - Can they refuse if british child involved?

[sal911]

Hello All,

My wife is due to apply for the first extension to her spouse visa. Visa ends 9th October 2015. Her 2.5 year period ends 24th August 2015. I am quite confident we have enough to cover nearly all the evidence required. The only point I have a concern with is that although my income is well over the threshold and has been for the past 5 years I have not been banking enough of my income to cover the £18,600. I am planning to bank some funds from now until we apply but I am not sure if that will fall into the financial year UKBA are interested in. I am a director of a limited company with year end July.

We have a daughter who will be 21 months old in September and is a British citizen. My question is: IF they find the income not being deposited an issue, can they refuse knowing we have a british child?

[TODMATT]

Are you a British citizen?

[sal911]

Yes.

[Casa]

Have you submitted company annual accounts to HMRC?

[sal911]

Not yet. Accounts will be submitted in the first week of August.

[TODMATT]

Some cases are treated differently but a friend of mine who applied under the new rules few years back was refused due to the fact he did not meet up with the requirement of £18,600 however he was granted further leave to remain on the bases of family life because he had adopted his wife child. Since you are British and your son is british then it is difficult for the Caseworker to refuse your wife FLR in my own opinion.

[sal911]

Hello again,

I am in the process of filling in form FLR(M) and some advice would really help regarding question on the financial requirement.

Our financial situation is my wife (the applicant) gets paid a salary (£7.5k) from my Ltd company. I receive a salary as well as dividends from the same ltd company. Although, I meet the 18,600 threshold with my sole income I would like to also use my wifes salary to re-inforce the application. The reason for this is my wife has been receiving her salary monthly in her bank account whereas I haven't (see previous posts). Therefore, I shall be relying on CAT A and CAT F to meet the financial requirement.

It seems I should fill in 7.3A with my wifes income and 7.3B with my income. At the end of 7.3A the total amount of salaried income I enter is £7500, the next question asks When combined does your annual income and your sponsors annual income from current employment meet or exceed the financial requirement you must meet. I assume I should tick NO. A few questions later it states if you have ticked no then move on to question 7.3C. If ticked yes move on to 7.4. Therefore, in both instances missing 7.3B which I need to fill in

My question is:

1.have I assumed correctly in detailing our income in such a way and answering 7.3A and 7.3B.

2.should I tick Yes or No.

BTW... Apologies for the long winded post.

Thanks in advance

Secondly, should

[sal911]

Update for anyone interested:

Positive result as leave was granted for a further 30 months. With regards to the financial situation I decided to leave my wife's income out of the equation to avoid confusion.