Spouse visa rejected - what are the options?

[scoobydoolondon]

My cousin in Pakistan has just received bad news that her Spouse Visa was rejected and I'm trying to help her.

Her husband is based in UK and self-employed.

The application was rejected citing two reasons:

1) payslip not paid in the correct month
2) CT600 form does not cover the period in question

I've spoken with my cousin's husband and as you can imagine, he's distraught. The application was lodged in Feb 2014 so its been a long time, especially to hear the bad news.

Anyway, he says that one of his standing orders to pay himself the monthly salary failed, so he did a manual payment for that month and it was paid the following month. Although he didn't explcity address this point in his sponsor's letter, he highlighted this payment on the bank statement.

As for the CT600, he sent two CT600 forms covering the period that was required. They say they only received one form, hence the rejection.

My cousin and her husband are taking legal advice but I wanted advice from 'the panel' here.

Does the rejection mean that the ECO was otherwise satisfied with the application, except for the two points raised?

Looking ahead, what options are available to address the rejected application?

1) is it possible to have a review to address just the two contentious points? ie send a covering letter explaining the 'late' salary payment on one of the payslips, and re-submit one of the 'missing' CT600 forms? Is this possible, if so, how long does this process typically take?

2) go to appeal. Realistically, how long does it take to:
a) get an appeal date
b) how far off will that date be

if appeal is the only way to go, is the basis of the appeal to re-judge the merit of the entire application or just the two contentious points? ie if they are able to satisfy the ECO on the two rejected points, is it possible the ECO could reject for another reason?

many thanks

[Obie]

They could appeal and reapply or ask the ECO to reconsider and appeal at the same time.

EC appeal takes quite a while to go through the system.

The judge will review the reasons for the refusal. If new points are raised by the HOPO, the appellant may ask for adjournment to address that point.

There are cases where an ECO may refuse again on new point, which they did not feel the need to refuse on, previously.

[scoobydoolondon]

Thanks, very useful advice.

So, lodge the appeal within the 28-day limit and request Entry Clearance Manager Review at the same time the appeal forms are lodged.
Additionally, another application can be submitted. As this is an 'additional' application, does this receive the same service as a regular application or can this be fast-tracked as its a copy of the previous application with additional comments/paperwork?

If the Manager allows the review, will it be made clear that:

i) either the whole application is being considered
ii) only the two contentious points are being reviewed

[scoobydoolondon]

The sponsor in UK has just received the return of documents and one of the 'missing' documents was right there!

Does this make it any easier to get a review, rather than going to full appeal?

What's the best way to play this to get this sorted as quickly as possible?

[Wanderer]

Can't be self employed if he's paying Corporation Tax (CT600)

[scoobydoolondon]

Sorry, my bad, wrong choice of words.

I meant to say he's working for himself under his own Ltd company.

[Express]

Hi,

I have a similar query.

My case has been refused as my "Annual Salary" as a director did not Tott up to the £18,600 as I only worked as a company director for 10 months of the Company Tax Return CT600 (01/04/2012 - 31/03/2013).

My work commenced as an Employee on 4 June 2012 in which I was paid at £796. My role as a company director commenced on 1 November 2012 when I was paid £1323. These dates were confirmed on my "employment details" letter compiled by my employer and my stat dec.

A total of 16 wage slips were submitted. The wage slips were from June 2012 (when employment commenced) till April 2013. Further wage slips were also submitted from May till September 2013 to show regular payments as a director.

The refusal letter:

"I have examined your sponsors wage slips, you have submitted 10 wage slips that show an average monthly income of £1,184.50. This equates to an annual income of £14,214.00 this is insufficient to meet their financial requirements of appending X appendix FM".

The sole reason is the salary for this particular tax year. Do I have a case to appeal? What are my chances with this?

Your expertise and advice will be much much appreciated.

[anush23]

Can someone advise if I take no salary but take dividends in excess of £18600 will I meet the financial requirement? Or do they have to be in the form of a salary paid to myself from the company ?

Thanks in advance

Hi,

I have a similar query.

My case has been refused as my "Annual Salary" as a director did not Tott up to the £18,600 as I only worked as a company director for 10 months of the Company Tax Return CT600 (01/04/2012 - 31/03/2013).

My work commenced as an Employee on 4 June 2012 in which I was paid at £796. My role as a company director commenced on 1 November 2012 when I was paid £1323. These dates were confirmed on my "employment details" letter compiled by my employer and my stat dec.

A total of 16 wage slips were submitted. The wage slips were from June 2012 (when employment commenced) till April 2013. Further wage slips were also submitted from May till September 2013 to show regular payments as a director.

The refusal letter:

"I have examined your sponsors wage slips, you have submitted 10 wage slips that show an average monthly income of £1,184.50. This equates to an annual income of £14,214.00 this is insufficient to meet their financial requirements of appending X appendix FM".

The sole reason is the salary for this particular tax year. Do I have a case to appeal? What are my chances with this?

Your expertise and advice will be much much appreciated.

[anush23]

Can anyone please advise?

Thanks

[Wanderer]

Can anyone please advise?

Thanks

Did you not also include the dividend vouchers and optionally the company minutes authorising the issue of a dividend?

[anush23]

Wanderer,

Thanks. I have recently formed a ltd company and acting as a sole director. I have not yet taken any salary or dividend.

Since I was in a perm employment so far, I have been advised that I have already met the tax salary threshold for the year and any salary taken will be taxable.

I will have my CT600 in May next year, so want to be sure that I make all arrangements when I apply for spouse visa next year Ideally I want to apply now but seems like I cannot.

So want to understand if the 18600 requirement can be met by taking dividend, salary or simply by showing year end account showing turnover/profit?

Regards

[anush23]

Anyone?

[mangotree]

When applying for a Spouse Visa you need to show you're earning over £18,600 a year. If you don't earn that much then you need to show you have earnings and savings of £65,000 preferably held in one bank account for over 6 months.

You could make a fresh Spouse Visa application but try to do it via a Solicitor to get every document checked.

If you appeal then the wait is long. You could be waiting 8-12 months until you see a Judge. Once you have the hearing you'll receive the results within 4 weeks.

Unfortunately due to a loop-hole in the justice system if you win the appeal the Home Office can appeal against First Tier Tribunal's decision and ask for the case to be taken to the Upper Tribunal. In most cases the HO will appeal. The wait for Upper Tribunal is around 12-18 months.

[Wanderer]

So want to understand if the 18600 requirement can be met by taking dividend, salary or simply by showing year end account showing turnover/profit?

Regards

In my opinion, you have to show salary/dividend, as undistributed profits in a limited company belong to the company, not the shareholders. Separate legal body, UKVI like it plain and clear.

[anush23]

Thanks for your responses.

Can I show the GBP 18600 as all a single dividend or two dividends and no salary?

Regards

[anush23]

Can someone advise if

I can show the GBP 18600 as all a single dividend or two dividends and no salary?

Regards

[manickprabu]

Thanks for your responses.

Can I show the GBP 18600 as all a single dividend or two dividends and no salary?

Regards

Hi Anush23, How did you manage your spouse visa, I am in similar situation I am in 10th month of my limited company, before that I was a permanent.. now I have 6 months payslip + dividend to excess of 18,600.. can I apply with 10month company document?