Visa refused advice please

[darthraki]

I don't think so, besides we have paid all the money for this application now. Unless anyone here has any knowledge/experience of the net threshold requirement I can only think we need to hire an immigration lawyer for advice, I'd like to check her qualification maths are correct before we appeal.

Please be advised the refusal was correct in law, an immigration lawyer (and to be honest the folks on here are infinitely better advisors than most immigration lawyers or advisors, who'll just look it up on the internet) so an appeal is a waste of time IMHO.

Plus an appeal will drag on for ages, why not wait until she meets the financial requirements?

BTW, what is the husbands visa status at the moment? Is he in the UK even?

But exactly how is it correct in law? as I stated earlier her net income exceeds their stated tax free income requirement, as our accountant said if we averaged her gross figure it would be beyond 22k. Its not clear if they want they will accept the gross figure or the net figure, they both meet the requirement in FM 1.7 appendix.

I cannot see why an appeal is a waste of time unless you know why the net income is incorrect? I'd appreciate if you could explain why your stating this?

in the application it does mention the gross has to be £18,600 PA (tax free)

based on 17k NET, THAT would mean her gross would be around £20,343 per year giving her a net of 17k.
If you can prove to them that it would be this, then it may be worth appealing but if you cannot prove this or provide any documentation to support this, it may just be declined again..

www.listentotaxman.com - this will provide your gross/net/deductions etc.

[boomish]

Wanderer I really do appreciate your help but can you tell me where is this rule of only gross income?

I managed to speak to a lawyer who agreed with me we on first look we do have a case for appeal, although he is going to look into it further. there is no guideline that states it has to be gross or net. And their example on page 41 of FM appendix 1.7 shows a non employment net income completes the necessary requirement. See below example showing only NET income..this is more or less exactly my daughter situation, but she earns more than the example. Gosh this is so stressful

"Example (a)
The applicant’s partner is in receipt of a tax-free academic stipend of £12,000 a year and
also has post-tax employment income of £4,500 a year. Her combined net income is
£16,500 (£12,000 + £4,500). There are no sponsored children.
The applicant’s partner has an income which is more than the equivalent net amount
(£15,800) needed to meet the gross level of the financial requirement (£18,600).

[boomish]

in the application it does mention the gross has to be £18,600 PA (tax free)

based on 17k NET, THAT would mean her gross would be around £20,343 per year giving her a net of 17k.
If you can prove to them that it would be this, then it may be worth appealing but if you cannot prove this or provide any documentation to support this, it may just be declined again..

http://www.listentotaxman.com - this will provide your gross/net/deductions etc.

Thanks dathraki, yes that was my thoughts and the accountant confirmed it, he said after all it's really the same figure, you don't get any more or less money if it's gross. her Net income is worth more than £18600 gross. If I use income tax calculator it works out to be worth £20,833 gross.