Please help. ILR app (set M) 5 years route rejected

[RBeg]

Hello all. My husbands ILR application through set M has been rejected today, reason being insufficient income. He has been asked to pay health surcharge and once paid, they will consider 30 months limited leave to remain for him. 10 working days given and no option for appeal.

Details: Applicant showed fund combined employment and self-employment. The Case Worker calculated his average income from employment based on his 'net' earnings in the past 6 months. Is this correct?
(If you notice below, he has put all the net income figures in the gross raw, could this calculation be a mistake made by the caseworker?)


Questions are:

1) is the salary calculation correct? If not, how do we appeal? If the calculation is done based on gross income, his total income is more than £18600.

2) my husband has also been in the UK over 10 years. Would it be better to make set -LR application within the given 10 days?

3) should he need to proceed with the 30 months ltr, does the 10 years count start from now or it will be 5 years from now until he can apply for ILR?


I would really appreciate your help. Kind regards.


I will copy-paste the salary calculation part from caseworkers email below for better understanding.

Caseworker email: relevant employment income from CAT A for the same period (last 6 months prior to 05/04/2020) is as follows:
Date Gross Salary (£) Net Salary (£)
09/04/2020 324.00 569.04
13/03/2020 299.25 411.64
14/02/2020 792.00 776.64
17/01/2020 1008.92 1128.58
20/12/2021 735.15 793.32
22/11/2019 611.18 778.33
Total 3770.50 4457.55
Yearly gross salary = 3,770.50/6 x 12 = £7,541.00

Statement of Account (SA302) showing a taxable profit from self-employment of £9,876.00

Therefore, by combining CAT A with CAT F = (£7,541 + £9,876) = £17,417

Therefore, financial requirement of £18,600 is not met.

[RBeg]

I tried to edit the original post but couldn't find the option. However, only update is just noticed the figures that the caseworker has used as gross to calculate yearly salary are the amount of basic hourly pay only. Did not add holiday or overtime or bonus payments. To calculate gross income for someone in hourly pay, is it basic hours only used?

Thanks

Hello all. My husbands ILR application through set M has been rejected today, reason being insufficient income. He has been asked to pay health surcharge and once paid, they will consider 30 months limited leave to remain for him. 10 working days given and no option for appeal.

Details: Applicant showed fund combined employment and self-employment. The Case Worker calculated his average income from employment based on his 'net' earnings in the past 6 months. Is this correct?
(If you notice below, he has put all the net income figures in the gross raw, could this calculation be a mistake made by the caseworker?)


Questions are:

1) is the salary calculation correct? If not, how do we appeal? If the calculation is done based on gross income, his total income is more than £18600.

2) my husband has also been in the UK over 10 years. Would it be better to make set -LR application within the given 10 days?

3) should he need to proceed with the 30 months ltr, does the 10 years count start from now or it will be 5 years from now until he can apply for ILR?


I would really appreciate your help. Kind regards.


I will copy-paste the salary calculation part from caseworkers email below for better understanding.

Caseworker email: relevant employment income from CAT A for the same period (last 6 months prior to 05/04/2020) is as follows:
Date Gross Salary (£) Net Salary (£)
09/04/2020 324.00 569.04
13/03/2020 299.25 411.64
14/02/2020 792.00 776.64
17/01/2020 1008.92 1128.58
20/12/2021 735.15 793.32
22/11/2019 611.18 778.33
Total 3770.50 4457.55
Yearly gross salary = 3,770.50/6 x 12 = £7,541.00

Statement of Account (SA302) showing a taxable profit from self-employment of £9,876.00

Therefore, by combining CAT A with CAT F = (£7,541 + £9,876) = £17,417

Therefore, financial requirement of £18,600 is not met.

[manci]

I tried to edit the original post but couldn't find the option.

Posts can only be edited while unread.

=RBeg post_id=2035420 time=1633461114 user_id=68686]
My husbands ILR application through set M has been rejected today, reason being insufficient income.

To assess whether the HO calculation about insufficient income was right or wrong refer to the guidance:
https://assets.publishing.service.gov.u ... .0-ext.pdf

BTW it seems odd that in some months your husband's net pay is listed as being more than his gross pay.

If you are of the opinion that the HO calculation was incorrect an Administrative Review can be requested but your husband would need to explain the reasons in detail based on the guidance.

my husband has also been in the UK over 10 years.

Refer to the guidance to see if he is eligible to apply on the long residence route :
https://assets.publishing.service.gov.u ... gov-uk.pdf

[manci]

If you are of the opinion that the HO calculation was incorrect an Administrative Review can be requested but your husband would need to explain the reasons in detail based on the guidance.

Note than AR can only be requested if an application has actually been refused and it is unclear whether this happened in your case (yet).

[RBeg]

Thank you very much Manci, really appreciate your time and advice.

[vinny]

If refused, then, as it’s an application under Appendix FM, I think he would have a right of appeal instead of AR.

[zimba]

Two things:

1. The UKVI calculations seems correct as far as I see. How are you saying that his income is above the £18,600 ?
2. If you pay the IHS and agree, the UKVI very likely will put him under the 10 year family route instead and he will lose all his 5 years for ILR

[manci]

my husband has also been in the UK over 10 years. Would it be better to make set -LR application within the given 10 days?

If you checked the guidance (link above) and think that your husband may be eligible for ILR under the long residence rules he could vary his application before a decision is reached on it.