Refusal for spouse visa

[kashif7866]

Hello Moderators !

My wife visa is refused because of the following point of not meeting the financial reuqirement:

I run a company with the below financial year :

01/02/2020 - 31/02/2021 : Dividend taken this period is £9055 and with finacial year ending 05/04/2021 totalling of £13025

05/04/2020 - 04/05/2021 : Earned £14068 net profit from as a self employment delivery driver.
Filing a combined income of $27093.

Reason For Refusal :
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.,You have stated that you meet the financial requirement through self-employment both as a sole trading delivery driver and as well as a director of xxxxxxx LIMITED. 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 £22,400 per annum.
You have stated your sponsor earnt £14,028.00 from his delivery driver self-employment and further provided evidence of dividends vouchers totalling £9055.00. Cross-referencing these with the provided bank statements do not confirm the dividends were paid into your sponsor’s account.(This has been overlooked as bank statement provided clearly show funds coming from buisness bank statement to my personal bank account and the statement has duly provided)I am therefore not satisfied that these dividends have been paid by your sponsor, they have therefore been discounted from the financial requirement.

It is further noted that if you were to establish these funds were paid into your sponsors accounts from xxxxxxxx LIMITED, to makes these eligible to be conjoined with self-employment as a sole trader the required tax years should be for the same period.The provided CT600 for xxxxxxx LIMITED confirms your sponsor’s self-defined tax year to be 01/02/2020 to 31/01/2021. This is not for the same period as the UK 2020/21 tax year it is therefore not possible to conjoin these incomes which would be required to meet the financial requirement. In light of above, I am not satisfied the provided evidence establishes you meet the financial requirement. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.

My question is when we are working as Self employed personal, we combined our income from employment or any other declared source of self employment and file a for self employed financial year which is normally April 20 to April 21. this include income from all the source.
According to the home office my income should be from my company financial year which in my case is Jan 20 to Jan21, is it not something vagoue as Slef employnment income can be only filed fro April to April next year.
Do i have any chance of appeal?
I look forward for your valuable advise.
Thanks

[TODMATT]

Hello Moderators !

My wife visa is refused because of the following point of not meeting the financial reuqirement:

I run a company with the below financial year :

01/02/2020 - 31/02/2021 : Dividend taken this period is £9055 and with finacial year ending 05/04/2021 totalling of £13025

05/04/2020 - 04/05/2021 : Earned £14068 net profit from as a self employment delivery driver.
Filing a combined income of $27093.

Reason For Refusal :
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.,You have stated that you meet the financial requirement through self-employment both as a sole trading delivery driver and as well as a director of xxxxxxx LIMITED. 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 £22,400 per annum.
You have stated your sponsor earnt £14,028.00 from his delivery driver self-employment and further provided evidence of dividends vouchers totalling £9055.00. Cross-referencing these with the provided bank statements do not confirm the dividends were paid into your sponsor’s account.(This has been overlooked as bank statement provided clearly show funds coming from buisness bank statement to my personal bank account and the statement has duly provided)I am therefore not satisfied that these dividends have been paid by your sponsor, they have therefore been discounted from the financial requirement.

It is further noted that if you were to establish these funds were paid into your sponsors accounts from xxxxxxxx LIMITED, to makes these eligible to be conjoined with self-employment as a sole trader the required tax years should be for the same period.The provided CT600 for xxxxxxx LIMITED confirms your sponsor’s self-defined tax year to be 01/02/2020 to 31/01/2021. This is not for the same period as the UK 2020/21 tax year it is therefore not possible to conjoin these incomes which would be required to meet the financial requirement. In light of above, I am not satisfied the provided evidence establishes you meet the financial requirement. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.

My question is when we are working as Self employed personal, we combined our income from employment or any other declared source of self employment and file a for self employed financial year which is normally April 20 to April 21. this include income from all the source.
According to the home office my income should be from my company financial year which in my case is Jan 20 to Jan21, is it not something vagoue as Slef employnment income can be only filed fro April to April next year.
Do i have any chance of appeal?
I look forward for your valuable advise.
Thanks

Sorry to hear about your refusal.

Are you aware that, you CANNOT combine self employment with director of a limited company?

See Financial requirement

If a person has different financial years, for example, because they are both selfemployed and a director or other employee (or both) of a specified limited company,
their income from the self-assessment tax return and Company Tax Return financial
years cannot be combined to meet the financial requirement. Including income from
differently based financial years would not be a fair or accurate way of calculating a
person’s annual income

The refusal was CORRECT on the basis that, you cannot combine above income together.

Reapply with either your self employed income during the upcoming financial year or your ltd company.