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RBeg wrote: ↑Tue Oct 05, 2021 8:11 pmHello 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.
Posts can only be edited while unread.
To assess whether the HO calculation about insufficient income was right or wrong refer to the guidance:=RBeg post_id=2035420 time=1633461114 user_id=68686]
My husbands ILR application through set M has been rejected today, reason being insufficient income.
Refer to the guidance to see if he is eligible to apply on the long residence route :
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).
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.