Hi,
My spouse applied for settlement wife visa(To join me in uk- ILR holder for 2 years from april 2016) in VFS Chennai on March 8th 2018 and it got refused today with below reason. I need your advice to appeal on this case.
"Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1 to 3.4.
You have stated in your visa application form that you meet the financial requirement as a limited company based in UK, XXX xxxxxx pvt ltd. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor is self-employed for 1 year and 11 months, which would be from January 2016 at the date of your application, and earns an annual income of £42,000.
The immigration rules state that in respect of self-employment in the UK, all the following evidence must be provided.
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) Evidence of registration with the Registrar of Companies at Companies House.
(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person receives dividends from the company, all of the following documents must also be provided:
(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit.
(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
You have not submitted the required documents as listed above. Whilst I note you have provided CT600 this only covers the dates 01/05/2017 to 31/01/2018. This is not a full financial year. Therefore none of the other documents you have provided are full the last full financial year. Therefore failed to provide the required documents relating to your sponsors' employment. These documents are specified in the immigration rules in appendix FM-SE and must be provided. I therefore refuse your application under paragarph EC-P1.1(d) of Appendix FM of immigration Rule"
This is what the content they've provided under financial eligibility and other things like (Eligibility of relationship and English requirement) are fine
Below are the documents ive submitted with this application financial eligibility :
1. Certificate of incorporation of a private limited company of XXXxxxxxxx private limited.
2. Letter from XXX Charted Accountant to show profit made by company XXX xxxxxxx PRIVATE LTD during period 01/05/2017 to 31/01/2018.
3. Dividend vouchers for period 01/05/2017 to 31/01/2018.
4. Corporation tax computation for period 01/05/2017 to 31/01/2018.
5. CT600 for period 01/05/2017 to 31/01/2018.
6. Sales summary of XXX xxxxxxx PRIVATE LTD during period 01/05/2017 to 31/01/2018.
7. Unaudited financial statements for period 01/05/2017 to 31/01/2018.
8. Vat return records from April 2016 to till date.
9. Corporation Tax computation document for period 13/04/2016 to 12/04/2017.
10. Corporation Tax computation document for period 13/04/2017 to 30/04/2017.
11. Unaudited financial statements for period 13/04/2016 to 30/04/2017.
12. CT600 for period 13/04/2016 to 12/04/2017.
13. CT600 for period 13/04/2017 to 30/04/2017.
14. SA302 from HMRC for financial year 2016-2017.
15. Letter from HRMC confirming I don’t owe them any due and my accounts are up to date.
16. Letter from Lloyds Business Bank confirming my account details and how long I hold accounts with them.
17. Business bank statements from Lloyds Business Bank for current financial year.
18. Letter from Lloyds Personal Bank confirming my account details and how long I hold accounts with them.
19. Personal bank statements from Lloyds Personal Bank for current financial year.
20. Personal bank statement from Halifax bank till the account closure date 28th December 2017.
21. Current contract letter from XXX Employment Services stating my current contract period and contract agreement document.
22. P60 of financial year 2015-2016 when I was serving as an employee.
My Questions Below :
1 ) I've made myself (sponsor) as self employed of my private limited company and annual income of £42,000 (dividends and minimum treshold salary) per year during last financial year (2016-2017) - But im a director and 100% share holder of a XXX xxxxxxx pvt ltd - is this is correct ?
2) I've marked im in self employment for 1 year and 11 month as on application date Feb 2018 - This is actually 1 year and 9 months by Feb 2018 - Made a mistake here is it major mistake ?
3) I've submitted letter from letting agents regarding my accommodation and it can accommodate two people. - Can this be accepted as proof of business premises ?
4) I've 100% confident i've submitted CT600 for full financial year 2016-2017 but they couldn't see it - What can i do here.
5) Please advise me can i appeal this decision ? if yes please tell me best things to do
Thanks for reading this post and do needful please.
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