Spouse Visa Refused

[hellokittyhannah]

Hi all,

My husband's spouse visa has been refused, we applied under the new rules and they refused us on two points, one which seems pretty baseless to me. We were supposed to apply before the rule changes came into effect but we were not given an appointment in time and so had to apply after the changes.

The reason for refusal as well as the points they mentioned are given below -

ECO REASONS FOR REFUSAL-
Your sponsor is not exempt from the financial requirements as defined paragraph E-ECP.3.3

POINTS MADE -
1. You have not provided proof of registration with HMRC as self - employed.
2. You need to provide your latest annual self-assessment tax return to HMRC and statement of account. You have not done this.

I have a couple of questions -

What proof do I now send from HMRC as being registered as self - employed? It says on the UKBA website that they need the registration certificate, but I was never issued with one. I sent all my paperwork from HMRC, what more proof do they want!?!

Secondly, I submitted my 2010-2011 account and 2011-2012 are not due till January 2013 at the latest. I have not submitted those yet. Does this mean I should submit my accounts ASAP and send proof of this?

Lastly, I have been advised that as they only picked out on two points we should be able to get the ECO to overturn the decision without it having to go to Court. Does anyone else have any experience of this? We really don't want to wait another 6+ months as this is already such an awful experience.

Thank you.
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[Lucapooka]

If you can provide the necessary proof that satisfy the reasons for refusal, there is every possibility of getting the ECM review to overturn the decision.

[janata]

Hello hanah its sad to hear that ur application was refused my husband also self employed as sole trader his annual income

exceed 18.600 £ i submitted :

1/ statement of income and expenditure for the year ended 5 April 2012

2/ self assessment - tax calculation for 2011/2012 year ended 5 April 2012

3/ 6 months bank statement

pls Hanah Write ur documents submitted cos I wait and I'm scared of rejection.

thank u.

[MPH80]

Hannah - the issue you've got is that the rules are now explicit about the evidence they want.

So if you don't have your registration certificate - you need to get a copy from HMRC.

In terms of the accounts - did you actually send a copy of the SA form and the appropriate statement of account from 2010-2011 to the ECO?

M.

[hellokittyhannah]

If you can provide the necessary proof that satisfy the reasons for refusal, there is every possibility of getting the ECM review to overturn the decision.

Thank you, that is what we are hoping for. For this to go to Court would really be devastating because I have been told that it can take 6 months for the whole process. I just really do hope that once we give them the documents they asked for the ECM will overturn the decision.

[hellokittyhannah]

Hello hanah its sad to hear that ur application was refused my husband also self employed as sole trader his annual income

exceed 18.600 £ i submitted :

1/ statement of income and expenditure for the year ended 5 April 2012

2/ self assessment - tax calculation for 2011/2012 year ended 5 April 2012

3/ 6 months bank statement

pls Hanah Write ur documents submitted cos I wait and I'm scared of rejection.

thank u.

Hi Janata,
the main problem we had with our application was that we were due to submit before the 9th July, so we would come under the old rules. Our application was prepared under the old rules and when it came to book my husbands appointment we were given the 9th July to submit our documents and have his biometrics taken. But we were confused as to whether we would come under the old rules or new rules. As they made us fill out the old forms, the new forms were not even available online and calling UKBA was a waste of time as they did not know themselves. After speaking to a solicitor (was was also unsure) we decided to cancel our apointment and apply at a later date, thus falling under the new rules. Call it very bad luck, had we been able to submit under the old rules I am very sure the application would have been successful and we would not have to see this dreaded day.

I submitted the following-
1. HMRC letter confirming my UTR number
2. self assessment for 2010-2011
3. Proof of Class 2 NI paid
4. Bank statements for 2010-2012le
5. Letter from my accountant confirming my earnings
6. Further documentation from HMRC confirming my self employment.

However this was not enough, I should have submitted my self assessment for 2011-2012 as well as further proof of self-employment. I shall now do this. I suggest you look at the following link -
http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/

If you look at number 7 it tells you all the documents you MUST submit for self employed sponsors.

But saying that, you have already applied so it's best to wait for the decision. Hopefully it will be in your favour and you will get the visa. I know what an awful time this is and I do not wish it upon anyone.

Best of luck.

[hellokittyhannah]

Hannah - the issue you've got is that the rules are now explicit about the evidence they want.

So if you don't have your registration certificate - you need to get a copy from HMRC.

In terms of the accounts - did you actually send a copy of the SA form and the appropriate statement of account from 2010-2011 to the ECO?

M.

Yes, unfortunately we were in a muddle to begin with, having thought we would apply under the new rules. We thought we would be okay with what we had but I guess that was a huge mistake. I shall be chasing HMRC for the registration certificate.

In terms of accounts, the SA was done online so I had no form to send, I had an online tax calculation summary -SA302, I sent that. I also sent accounts prepared by my accountant for 2010-2011 and finally my Self Assessment statement which showed the amount of tax I have paid etc.

Would that be sufficient? Would I need to obtain all of the above for tax year April 2011-2012?

Thank you.

[hellokittyhannah]

Can anyone help with what I need to send as proof of registration with HMRC? I spoke to HMRC today and they said they do not send out any such certificate or document as proof of registration. They told me my UTR number is proof of self-employment. However UKBA insist on some other sort of documentation.

Can someone please help with this, we only have three weeks left to submit the appeal and I am really worried as I am not getting a definite answer from anywhere.

[vinny]

Great news is that my husband has finally got his visa!!


But theres no mention of a medical. I thought he would need to undergo a medical?

His passport has been stamped with the visa and thats all, there was no letter with it. You never know with the UKBA, they may have forgotton to attach a letter?

Can anyone confirm this for me? We applied in July 2012, after the new rules.

Any help would be appreciated.

Also, thank you to everyone who helped me on this forum, although im no expert but I can speak of my own experience so im happy to answer any questions. But please keep in minf that my answers would only be based on my own experience. We prepared everything ourselves without the help of a solicitor so im well chuffed!

I really do hope that everyone going through this nightmare comes out of it soon and remember not to give up, have faith and your time will come too.