Urgent Advice needed for ILR (Case Work requested for new documents)

[snowborn99]

Hi all,

I am very confused and need advice.

I am british national and my wife is dependant on me. She has completed 5yrs in dec 2022 and applied for ILR using SET M

Today received email from case worker to submit additional documents with regards to our income.

My wife works part time and earns £7500 per annum and started job in dec 2021.
I am self employed and my income for my tax yr 2021-22 was around 14K

I have submited my wife's payslips banksatements etc from april 22 till nov 22 and P60 for tax yr 21-22.

And

I have sumbited my tax returns and all documents Tax yr 21-22

All together our income is around 21k which is over the £18600 threashold.

Case worker asked for payslips and bank statements for my wife from dec 21 till march 22
which is undertsandable
BUT
case worker asked my tax returns for the tax yr 2020-21.

I was under the impression was self employed person can prove his income either last tax returns OR avg of past 2 yrs tax returns.

I am panicing now and very confused why case worker needed more tax returns? becuase of covid in 2020 could earn any money as self employed and claimed UC to survice the time and stopped UC once offically covid restriction finished by UK Gov

Any body can advice on this please?

what should I do ?

I do not want HO to put my wife on 10 yr route.
Should I withdraw my application as decision not been made and my wife still hold visa till May 23 and reply for ILR

Your advice will be very help ful

Thanks

[zimba]

Your understanding of meeting the requirement does not seem to be correct. You cannot simply add your self-employed income for April 21-22 with the income earned by your spouse from April 22 onwards. Only the income earned within the same financial period can be added together to meet the requirements. This means any money earned by your spouse after April 22 cannot be added to your income. So only income earned between Dec 21 and April 22 only can be included. The caseworker probably is trying to see if you can meet the requirements by using the averages of the two most recent tax years.

Income under Category F or Category G can be combined with income from salaried
and non-salaried employment, non-employment income and pension income in order
to meet the financial requirement. However, unlike with other Categories, these
sources of income must fall within the relevant financial year(s) in order to be
included.

https://assets.publishing.service.gov.u ... rement.pdf

[snowborn99]

Your understanding of meeting the requirement does not seem to be correct. You cannot simply add your self-employed income for April 21-22 with the income earned by your spouse from April 22 onwards. Only the income earned within the same financial period can be added together to meet the requirements. This means any money earned by your spouse after April 22 cannot be added to your income. So only income earned between Dec 21 and April 22 only can be included. The caseworker probably is trying to see if you can meet the requirements by using the averages of the two most recent tax years.

Income under Category F or Category G can be combined with income from salaried
and non-salaried employment, non-employment income and pension income in order
to meet the financial requirement. However, unlike with other Categories, these
sources of income must fall within the relevant financial year(s) in order to be
included.

https://assets.publishing.service.gov.u ... rement.pdf

Yes you are right
i made a big mistake assuming paye person income will be considered for the current year

i have requested for withdrawal of my application

lets c what they will decide

Thanks for the reply

[CR001]

i have requested for withdrawal of my application

Is her spouse visa still valid or has it expired?

If she has already enrolled biometrics, withdrawing means you will likely lose the application fee you have paid

[snowborn99]

i have requested for withdrawal of my application

Is her spouse visa still valid or has it expired?

If she has already enrolled biometrics, withdrawing means you will likely lose the application fee you have paid

my wife visa valid till mid of may 23
yes i know i will loose the money

i duno what would be the outcome ?
they can’t even put her on 10yr route as we do not meet finicial requirements for extension either

[CR001]

The 10 year route is when you do NOT meet the financial requirements!!

[snowborn99]

The 10 year route is when you do NOT meet the financial requirements!!

what are the chances for my withdrawal request will approve? decision has not been taken

my wife have 5months of visa and we can reapply after april and it will improve our financial situation

will they accept my withdrawal or they gona put us on 10yr route?

[zimba]

Nothing is automatic. They may offer a visa but will be pending IHS payment by you. Simply request for withdrawal

[snowborn99]

Nothing is automatic. They may offer a visa but will be pending IHS payment by you. Simply request for withdrawal

Thanks for the replies and advices
i have already requested for withdrawal of application
just one more question

if they offer visa and i wont pay the ihs fee then will i get refusal?

coz i would prefer to reapply ilr rather then be on 10yr route.

[CR001]

if they offer visa and i wont pay the ihs fee then will i get refusal?

Yes.

[snowborn99]

if they offer visa and i wont pay the ihs fee then will i get refusal?

Yes.

Thanks

[dreamer2]

Haven't you paid IHS fee when you accepted your application?
I was in a similar situation and they put me on 10years route with no right for appeal , which is not right as as you I still had 11 days to re-apply and in fact, I met all requirements, just made one mistake in financial documents. So, I did re-applied but lost not only my fee but 2.5 years too.
Good luck!

[snowborn99]

Haven't you paid IHS fee when you accepted your application?
I was in a similar situation and they put me on 10years route with no right for appeal , which is not right as as you I still had 11 days to re-apply and in fact, I met all requirements, just made one mistake in financial documents. So, I did re-applied but lost not only my fee but 2.5 years too.
Good luck!

There is no IHS fee for ILR.

My application was withdrawn successfully without any decision and was lucky to get my fee fully refunded.
My wife still have visa till mid may and will apply again
in april once current tax yr will finish.

[dreamer2]

Oh, great news. I had a least lack with that. My caseworker never asked me additional documents which I could provide in an hour.