uk settlement visa refused

Hi my settlement visa, along with my children's, to the UK has been refused yesterday. The reason they gave is:-
Your spouse is not exempt from the financial requirements as defined para-E-ECP.3.3 you have stated that your sponsor derives Income from 3 sources salaried employment, income from rented property and cash savings. Regarding rented property you have supplied evidence of property ownership tenancy agreement and payments made into your sponsors bank account by local council .However you have provided no evidence of communication with HMRC with regard to this income. For the reason I am not satisfied that this is a credible source of income on which to access your sponsors financial position. Therefore I refuse your application.
They have also mentioned that:-
If you decide to appeal against the refusal of application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. As it may be possible to resolve the points at issue without an appeal hearing.

Pls help me...is there any possibility that they reverse their decision without appeal hearing or shall I reapply . I am really confused and upset wth the decision.

So the rental income was never declared to the tax authorities?

Appeal within the time limit and supply additional evidence as specified in Appendix FM-SE.

Thanks for ur reply
tax was being paid but as it was not mentioned anywhere while applying that we have to declare tax from rental income so we didn't. We have provided bank statement in which it is mentioned that we are getting rent through bank so it is not possible that we are not paying the tax.

If we go for the appeal, what is the possibility that they review their decision and how long does it take. And if it goes for appeal how long will that take.

And also, can I withdraw the appeal in between and reapply for a fresh visa.
Thnx
Zoya.

zoyasingh wrote:Thanks for ur reply
tax was being paid but as it was not mentioned anywhere while applying that we have to declare tax from rental income so we didn't. We have provided bank statement in which it is mentioned that we are getting rent through bank so it is not possible that we are not paying the tax.

If we go for the appeal, what is the possibility that they review their decision and how long does it take. And if it goes for appeal how long will that take.

And also, can I withdraw the appeal in between and reapply for a fresh visa.
Thnx
Zoya.

If you had read financial requirement very well,you would have known it's stated there,that's part 6 income from other sources I think.
All they want you to provide is evidence you paid taxes on the rental income and it will be resolved without getting to the lengthy appeal if your evidence is satisfactory enough.
You'll get it if your evidence is Ok but appeal will defo take longer,roughly 6 months upward,however you can reapply even if you appeal.

sorry the refusal was justified.any self employed income must be registered with hmrc.a tax return must be filled out every year.what an expensive mistake to make.not only have u been refused the settlement visa you have lost your fees aswell as you have to pay again.either go to appeal or make a fresh application with ALL documents.

sherriesmum wrote:sorry the refusal was justified.any self employed income must be registered with hmrc.a tax return must be filled out every year.what an expensive mistake to make.not only have u been refused the settlement visa you have lost your fees aswell as you have to pay again.either go to appeal or make a fresh application with ALL documents.

Not to say in addition the tax owed, penalties and interest to be repaid. UK tax man is very aggressive, second only to the German Finanzamt in Europe not worth any effort to try and pull the wool over his eyes.

wonder how many children the op has because that would make the fresh application expensive aswell and wonder if he knows the finacial requirement with one child is about £22,400 i believe.

vinny wrote:APL1.20 Applicant makes fresh application while an appeal is outstanding

Thanks for the reply I would now first appeal and then if it is taking long then I would reapply..

Wanderer wrote:

sherriesmum wrote:sorry the refusal was justified.any self employed income must be registered with hmrc.a tax return must be filled out every year.what an expensive mistake to make.not only have u been refused the settlement visa you have lost your fees aswell as you have to pay again.either go to appeal or make a fresh application with ALL documents.

Not to say in addition the tax owed, penalties and interest to be repaid. UK tax man is very aggressive, second only to the German Finanzamt in Europe not worth any effort to try and pull the wool over his eyes.

My husband has been paying tax every year. It's been paid at financial year closing that is in January. Tax till the previous year has been paid.

sherriesmum wrote:wonder how many children the op has because that would make the fresh application expensive aswell and wonder if he knows the finacial requirement with one child is about £22,400 i believe.

We have 2 children and already paid a huge amount for the three applications. And if we don't appeal or it goes against us..We have to pay that huge amount again.

Rayking wrote:

zoyasingh wrote:Thanks for ur reply
tax was being paid but as it was not mentioned anywhere while applying that we have to declare tax from rental income so we didn't. We have provided bank statement in which it is mentioned that we are getting rent through bank so it is not possible that we are not paying the tax.

If we go for the appeal, what is the possibility that they review their decision and how long does it take. And if it goes for appeal how long will that take.

And also, can I withdraw the appeal in between and reapply for a fresh visa.
Thnx
Zoya.

If you had read financial requirement very well,you would have known it's stated there,that's part 6 income from other sources I think.
All they want you to provide is evidence you paid taxes on the rental income and it will be resolved without getting to the lengthy appeal if your evidence is satisfactory enough.
You'll get it if your evidence is Ok but appeal will defo take longer,roughly 6 months upward,however you can reapply even if you appeal.

We will provide all the relevant evidences.. just pray to god that it is resolved without appeal and the stressful and lengthy procedure.

how much was the application and do u meet the fincancial requirement for the 2 children.think its about £24,000 or so .

sherriesmum wrote:how much was the application and do u meet the fincancial requirement for the 2 children.think its about £24,000 or so .

Yes it is even more...£24600

how much was the spouse visa with the 2 children on it x.

sherriesmum wrote:how much was the spouse visa with the 2 children on it x.

We paid 93000/- per application

what currency is that in.can u do uk sterling.

sherriesmum wrote:what currency is that in.can u do uk sterling.

It is £900 and something.

at least £2700 wow.x.

zoyasingh wrote:Hi my settlement visa, along with my children's, to the UK has been refused yesterday. The reason they gave is:-
Your spouse is not exempt from the financial requirements as defined para-E-ECP.3.3 you have stated that your sponsor derives Income from 3 sources salaried employment, income from rented property and cash savings. Regarding rented property you have supplied evidence of property ownership tenancy agreement and payments made into your sponsors bank account by local council .However you have provided no evidence of communication with HMRC with regard to this income. For the reason I am not satisfied that this is a credible source of income on which to access your sponsors financial position. Therefore I refuse your application.
They have also mentioned that:-
If you decide to appeal against the refusal of application, the decision will be reviewed with your grounds of appeal and the supporting documents you provide. As it may be possible to resolve the points at issue without an appeal hearing.

Pls help me...is there any possibility that they reverse their decision without appeal hearing or shall I reapply . I am really confused and upset wth the decision.

There is one more problem where i would want ur suggestions pls....my daughter will turn 18 in Jan'2015 I am really worried and confused about it. As, if I go for the appeal, and they review their decision still It wil take time and if they put in for appeal then It will be very late to reapply. If we go for appeal and wait for the decision, Is there any other visa options for my daughter when she turns 18.... really worried

Please anybody reply...really stressed

Hi ZoyaSingh,

I would personally suggest you ask them to re consider their decision, and state that the rental income has been declared to HMRC on a yearly basis on self assessment tax returns, at the same time i would also file for an appeal?

Rental income comes under non employment income, NOT self employment income. There are totally different rules for self employment income, as far as non employment- rental income is concerned you are required to provide the following:

(i) Confirmation that the person or the person and their partner jointly own the
property for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the
Land Registry (or overseas equivalent); or
(2) A mortgage statement.
(ii) personal bank statements for the 12-month period prior to the date of
application showing the rental income was paid into an account in the name of the
person or of the person and their partner jointly.
(iii) A rental agreement or contract.

(c) Any rental income from property, in the UK or overseas, must be from a property that
is:
(i) owned by the person;
(ii) not their main residence and will not be so if the application is granted, except
in the circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received
from their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i) and
paragraph 13(d)(ii).

Which you have already provided evidence of, the only concern is that they can not see any evidence that HMRC are aware of this income, they have not directly stated that there is no evidence of tax paid on this income.

What documents did you provide for proof of ownership? Did the property have a mortgage?

Do submit the appeal within the time limit. If you want to reapply as well, then do so before your daughter reaches 18.

Hi all,
I am planning to apply for settlement visa for UK. My daughter will turn 18 in January and i am worried about her as it won't be possible to apply as dependatnt after she is 18. Is there any other way I can apply for her.? Really worried. Need ur suggestions pls.