Settlement visa refused, Appeal or reapply?

[Neosprin]

I applied on 7/03/2017 under category F from Mumbai India
Biometric on 15/03/2017
Case not straight forward on 8/06/2017
Refused on 8/11/2017 with right to appeal.

We were refused on basis on not meeting financial requirement. And it also stated that hmrc tax return document for last year was missing. We have provided bank statements along with all the documents mentioned.
We were not contacted even once for any missing document or additional documents.

My spouse exceeds the financial eligibility criteria and the refusal is plain wash off.

In this case, should we reapply given that we've lost time or should we appeal? If we appeal then how much time will it take for a decision?

Need advice and guidance.

Thanks in advance

[cnrlln]

Neosprin,

Sorry to hear about your refusal, truly gutted for you. I remember you were posting on similar threads to me around the time I joined the forum.

Just wanted to ask if your spouse is self-employed? If they are not surely they shouldn't have to provide a tax return document... (I mean, I never added one to my documents).

How far over the financial requirement does your spouse exceed? When I completed mine for my wife's application I was told that I had to state just my flat salary and exclude any shift adjustment pay, bonuses or overtime payments.

We haven't got as far as this yet, but I'd say get some advice from an immigration solicitor on how to proceed; but if you believe everything is in order and that the decision was truly unfounded and wrong then I'd say there'd be no harm in appealing. You could always reapply again should the appeal not be successful, right?

[Casa]

It could be 12 months or more for a decision to made under an appeal. If your husband was including self-employed income, are you aware that it is the nett amount after business expenses have been deducted? In other words, the amount that HMRC have used to calculate the tax due.

This is probably why you were required to submit a SA302 as confirmation of nett income.

It may be wiser (and quicker) to re-apply and address the issue with the missing documents.

[Neosprin]

Neosprin,

Sorry to hear about your refusal, truly gutted for you. I remember you were posting on similar threads to me around the time I joined the forum.

Just wanted to ask if your spouse is self-employed? If they are not surely they shouldn't have to provide a tax return document... (I mean, I never added one to my documents).

How far over the financial requirement does your spouse exceed? When I completed mine for my wife's application I was told that I had to state just my flat salary and exclude any shift adjustment pay, bonuses or overtime payments.

We haven't got as far as this yet, but I'd say get some advice from an immigration solicitor on how to proceed; but if you believe everything is in order and that the decision was truly unfounded and wrong then I'd say there'd be no harm in appealing. You could always reapply again should the appeal not be successful, right?

Thanks for the reply cnrlln.
Yes he is self employed and he exceeds by more than 4x of minimum financial requirement.
We stated the salary in the application and provided the required documents, yet got a refusal.

Appealing would take a lot of time so I guess reapplying is what we will prefer.

[Neosprin]

It could be 12 months or more for a decision to made under an appeal. If your husband was including self-employed income, are you aware that it is the nett amount after business expenses have been deducted? In other words, the amount that HMRC have used to calculate the tax due.

This is probably why you were required to submit a SA302 as confirmation of nett income.

It may be wiser (and quicker) to re-apply and address the issue with the missing documents.

Thank you Casa.

We are going to reapply and specifically highlight the missing documents and particulars that resulted in our refusal.

Appeal at the moment looks like a no go option since it takes more than min 6-10 months based on the recent posts.

Do we attach the refusal letter in the new application and mention the documents to be considered along with the other sponsor documents.
Or
Do we apply like a new application which only mentions the refused application number and submit the sponsor documents.