Late Appeal

[rizash76]

Hi members
just received wife s documents and it has been refused . I claimed 18600 through combined income from self-employment . the reason is that the bank statements was not provided for whole 12 months period. they asked but I sent a letter to explain that why I can't provide whole 12 months bank statements as both accounts were opened in august 15.period I claimed april15 to April 16.
I am going for an appeal.what are the chances to get success and valuable advice from you guys.
i will appreciate it. thank you
kind regards

[CR001]

Where was your 'income' paid into before August 2015?

12 months bank statements is mandatory if combining income.

[rizash76]

all cash in hand income.

[CR001]

Then you can't count that income unfortunately.

[Wanderer]

all cash in hand income.

As in no tax paid?

[rizash76]

If some 1 does not have 12 months bank statements like in my case and you a genuine reson to say u can not provide then what the law says or FM says. And I am very much positive to get success,

[Casa]

An FLR(M) application won't succeed if you are unable to provide the mandatory financial evidence. 'Cash in hand' payments with no corresponding bank account entries won't be considered, but may raise a HMRC investigation if no tax was paid on this income.

[Wanderer]

If some 1 does not have 12 months bank statements like in my case and you a genuine reson to say u can not provide then what the law says or FM says. And I am very much positive to get success,

Have you paid tax on the 'cash in hand' sums?

If not, you are up for the jump. Just look at all the tax fiddlers in ILR forum, seems its like everyone....

[rizash76]

combining income 10,600 and 9,047 no tax due but paid NI contribution. I went trough App FM and immig Rules appendix and it does say that 12 months bank statements needed.my understanding is that if you relying on April 15 to april 16 s financial year s income then you can produce 12 months bank statement, not more than that as you are claiming income from full financial years as for HMRC rules . I can not claim income from may 15 to may 16 that's one thing , the bank statements should also for the same period like April 15 to April 16 not feb 15 to april16. in my case, I can not produce 12 months bank statement due to a solid reason like opened accounts in august15.

[noajthan]

combining income 10,600 and 9,047 no tax due but paid NI contribution. I went trough App FM and immig Rules appendix and it does say that 12 months bank statements needed.my understanding is that if you relying on April 15 to april 16 s financial year s income then you can produce 12 months bank statement, not more than that as you are claiming income from full financial years as for HMRC rules . I can not claim income from may 15 to may 16 that's one thing , the bank statements should also for the same period like April 15 to April 16 not feb 15 to april16. in my case, I can not produce 12 months bank statement due to a solid reason like opened accounts in august15.

A lot of ducking and weaving going on here.

Its up to the visa applicant to submit adequate supporting evidence.
After all, the requirements are well-known and well-publicised.

In general, it would be all too easy for absolutely anyone to assert income was £x000 cash in hand.
They would still have to prove it.
How is caseworker expected to verify that? They can hardly look under your mattress!

Not having a bank account is not a good reason not to prove income. That's a self-inflicted shot in the foot.

The HO will not join the dots for you and give benefit of doubt.
You will have to try again when you have the income and the supporting evidence.

[CR001]

If you don't have 12 months period or bank statements to prove your income then you don't meet the requirements. The rules are very clear. You cannot choose which 12 month period you want to use, it has to be the most recent 12 months and the most recent bank statement cannot be older than 28 days at the time of application.

[rizash76]

Hello Guys
My wife’s first-tier tribunal appeal was unsuccessful on last year in June. I had sent email to tribunal to get permission to appeal Upper tribal but did not get any response , last week or so tried to email them to get to know the updates but both times after few days later got email that Microsoft unable to send email to first tier tribunal s email address . What I did is just missed the word “gov” in the address so that’s mean the appeal the I lodged last year infect did not receive by Tribunal. I have sent this to tribulation now .
So what is worst is waiting for me. And any thoughts from u guys.