Post
by Saha13 » Thu Feb 09, 2017 1:09 pm
Sorry for the delayed response. I am not sure why its not working. I will explain here again. Sorry for the long post.
Applicant Income April 2015-April 2016
Part time-job £1140.30(April 15-June 15)
Full time-job £9198.35(P60, August 15- April 16 left the job after on 4th April after FLRO refused on 22/03/16.)
Self-Employed Income £10600.00 (April 2015- April 2015)
Sponsor Income
Husband got his ILR on 6th Feb 2016 and joined salaried employment on 1st April. His yearly salary was £19000.00.
Total Income received in the 12 months prior to the
date of application (£1140.30+£9198.35+£10600.00)= £20938.65+ £19000.00 Continuous employment
We applied on the basis of CAT B and CAT F combined to meet the financial requirement. When I applied for my FLRM, I left my job but still self-employed. And my application was submitted within 28 days of refusal of FLRO.
HO refused my application stating:
'' You are required to meet the income threshold of £18,600. You have provided evidence to show that you have ceased your employment with **********, and earnings from this employment cannot count towards your annual earnings,in regards to he required threshold,due to you not being a current employee there. It is also acknowledged that your spouse was employed on !st of April 2016 by **********, and you claim that his annual wage was £19000.00. However as your sponsor's employment began less than a month before your application was submitted, he will be unable to submitted the specified evidence required for salaried employment as can be seen in paragraph 2 of Appendix FM-SE below:
2. (a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed
by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of
application if the person has been employed by their current employer for less than 6
months (or at least 6 months but the person does not rely on paragraph 13(a) of this
Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in
the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at
paragraph 2(a), showing that the salary has been paid into an account in the name of
the person or in the name of the person and their partner jointly.
Your spouses employment therefore also cannot be taken into account when measuring your annual income against the required threshold. You have claimed to be earning £10600.00 from self-employment in the UK,however this falls short of the required threshold of £18,600.''
I submitted all the relevant documents for employed and self-employed earnings. We also submitted letter from employer and signed contract of my husband's employment. Also sent a cover letter and his first payslip and bank statement on 7th May 2016(I confirmed by calling HO,they confirmed they have received the documents). Surprisingly we did not receive those documents with our refusal letter, also no mention of those documents in refusal letter.
We have received our hearing date. I want to know how strong is your case. Is it worth going for the appeal hearing or re-apply on April after my husband meet the financial requirement on basis of self-employment for 2016- 2017.
I would be ever grateful if someone can help and advise me on this please. Thank you.
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