FLR(M) refused due to income - pending High Court decision

Kiwi1980 · Post by **Kiwi1980** » Wed Aug 28, 2013 7:02 am

Hello all, I am new to this forum and would appreciate any help and assistance.

I am a New Zealander married to a British citizen, we reside in the UK and applied for a FLR(M) visa in February 2013 after I was made redundant. I was on a Tier 2 General visa for Sponsored Skilled workers since 2011 and prior to that I was on the now unavailable Working Holiday visa since 2008.

Our application was finally progressing in July after biometrics were submitted, and then we received a letter of refusal pending the High Court income decision, due to my husbands self employed income for year ending 2012 being lower than the threshold. This was only by c. £500, our case we put forward in our application was that my annual income of £40,000 was to be considered as I had may just been made redundant and had no intention of relying on state benefits and had an excellent chance of finding work immediately. As it stands whilst our application has been processing this year, my Tier 2 visa has expired and I have no legal right to work or recourse to public funds leaving me wholly reliant on my husband's income.

We are struggling financially and every week is a challenge to pay rent/bills not to mention the cost of this visa process - which is extremely disheartening and stressful for us both.

Apologies for the long tale, my question is:

My husbands self employed income before tax up to 5 April 2013 was £21,600. Therefore we understand that we now qualify for the income threshold. Rather than waiting for the unknown outcome of the High Court appeal we want to submit his 2013 accounts and up to date bank statements however the UkBA said in out quasi-refusal letter that any new information after our application date would need to be in a new application and would attract the same fee.

We just do not have the money to pay this fee AGAIN and after waiting 6 months (and counting) cannot afford to go through another period of time like before, waiting for this to be processed.

Can anyone please advise me how we might get on with sending all the new income information in and requesting this be considered?

All I want to do is have the right to work and carry on my life as normal, this has started to affect my health and the stress my husband and I are under is severe

physicskate · Post by **physicskate** » Wed Aug 28, 2013 9:40 am

Kiwi1980 wrote: I am a New Zealander married to a British citizen, we reside in the UK and applied for a FLR(M) visa in February 2013 after I was made redundant. I was on a Tier 2 General visa for Sponsored Skilled workers since 2011 and prior to that I was on the now unavailable Working Holiday visa since 2008.

As you were legally earning in the UK, your income could have contributed to the income threshold. Do you know why this was not the case?

If you were to reapply, it might be faster. However, that might mean you having to travel to New Zealand to reapply for entry clearance if you withdraw your appeal...
I think your appeal could be overturned based on your earnings, as well as your husband's. It is just a matter of waiting for the appeal and suffering through your present financial straights.

Amber · Post by **Amber** » Wed Aug 28, 2013 10:01 am

physicskate wrote:
Kiwi1980 wrote: I am a New Zealander married to a British citizen, we reside in the UK and applied for a FLR(M) visa in February 2013 after I was made redundant. I was on a Tier 2 General visa for Sponsored Skilled workers since 2011 and prior to that I was on the now unavailable Working Holiday visa since 2008.

As you were legally earning in the UK, your income could have contributed to the income threshold. Do you know why this was not the case?

If you were to reapply, it might be faster. However, that might mean you having to travel to New Zealand to reapply for entry clearance if you withdraw your appeal...
I think your appeal could be overturned based on your earnings, as well as your husband's. It is just a matter of waiting for the appeal and suffering through your present financial straights.

How can it be included if s(he) was made redundant?

You have not yet been refused but rather put on hold.

Kiwi1980 · Post by **Kiwi1980** » Wed Aug 28, 2013 10:22 am

D4109125 wrote:
physicskate wrote:
Kiwi1980 wrote: I am a New Zealander married to a British citizen, we reside in the UK and applied for a FLR(M) visa in February 2013 after I was made redundant. I was on a Tier 2 General visa for Sponsored Skilled workers since 2011 and prior to that I was on the now unavailable Working Holiday visa since 2008.

As you were legally earning in the UK, your income could have contributed to the income threshold. Do you know why this was not the case?

If you were to reapply, it might be faster. However, that might mean you having to travel to New Zealand to reapply for entry clearance if you withdraw your appeal...
I think your appeal could be overturned based on your earnings, as well as
your husband's. It is just a matter of waiting for the appeal and suffering through your present financial straights.
How can it be included if s(he) was made redundant?

You have not yet been refused but rather put on hold.

Thank you both for your replies. The Home Office wrote that my income was not current (I was made redundant in December 2012 and applied for FLR(M) after my December earnings showed on my January 2013 bank statement - which meant application was Feb 12th). They therefore said my income was not current and only my husbands would be used for the application.

I understand that I am not officially refused but am in the pending state. I have not made an appeal, rather I am "pending" due to the Home Office/UKBA appeal.

I seek to try and get out of the pending situation as my husbands income for 2013 tax year exceeds the £18,600 threshold but am not able to afford a new application fee to try and reapply based on this reason alone. Especially as when we applied we argued that my income if included was more than enough above the threshold...any thoughts?

vinny · Post by **vinny** » Wed Aug 28, 2013 10:26 am

If the application is pending and undecided, then just submit further evidence.

Amber · Post by **Amber** » Wed Aug 28, 2013 11:13 am

Make sure that the specified evidence you send for Cat f or Cat g meets the requirements as per Annex FM 1.7 (click) make sure you take copies of anything you send to the UKBA and send via recorded delivery.

Kiwi1980 · Post by **Kiwi1980** » Wed Aug 28, 2013 1:05 pm

D4109125 wrote:Make sure that the specified evidence you send for Cat f or Cat g meets the requirements as per Annex FM 1.7 (click) make sure you take copies of anything you send to the UKBA and send via recorded delivery.

Thank you for all replies again. Two further questions: 1) will submitting further information from the months passed whilst they have had my application be allowed, or is the Home Office likely to insist on new application/new fee?

2) reading cat f on the annex, can I confirm that my husbands gross taxable profits will be counted as income not his net income after allowable expenses? Gross taxable is £21,600 and net after expenses is c. £16k.

NI contributions are in arrears but we will pay that debt off to obtain proof of continued self employment, unless anyone knows a way around this. I.e we wanted to set up an arrangement to repay his NI in instalments but will the home office take issue with the fact that there are some amounts outstanding?? Thanks again.

Kiwi1980 · Post by **Kiwi1980** » Fri Aug 30, 2013 10:34 am

Kiwi1980 wrote:
D4109125 wrote:Make sure that the specified evidence you send for Cat f or Cat g meets the requirements as per Annex FM 1.7 (click) make sure you take copies of anything you send to the UKBA and send via recorded delivery.
Thank you for all replies again. Two further questions: 1) will submitting further information from the months passed whilst they have had my application be allowed, or is the Home Office likely to insist on new application/new fee?

2) reading cat f on the annex, can I confirm that my husbands gross taxable profits will be counted as income not his net income after allowable expenses? Gross taxable is £21,600 and net after expenses is c. £16k.

NI contributions are in arrears but we will pay that debt off to obtain proof of continued self employment, unless anyone knows a way around this. I.e we wanted to set up an arrangement to repay his NI in instalments but will the home office take issue with the fact that there are some amounts outstanding?? Thanks again.

Any ideas on the questions above? Thank you for your help so far.

Amber · Post by **Amber** » Fri Aug 30, 2013 11:48 am

Would it be self-employment (i.e. sole trader) or Director of a specified limited company

Kiwi1980 · Post by **Kiwi1980** » Fri Aug 30, 2013 12:14 pm

Self-employment. My husband is a sole trader in the building industry. Thanks

Amber · Post by **Amber** » Fri Aug 30, 2013 12:27 pm

9.5.3. at page 44 of FM 1.7 wrote:
(b) Where the self-employed person is a sole trader or is in a partnership or franchise
agreement, the income will be:
(i) the gross taxable profits from their share of the business; and
(ii) allowances or deductable expenses which are not taxed will not be counted towards
income.

Kiwi1980 · Post by **Kiwi1980** » Sat Aug 31, 2013 1:16 pm

Oh dear, so I interpret that to mean we will not qualify. Gross income is £21,060 but deductible expenses bring the income down to £16,600. To be completely clear, are the UKBA going to assess our income on the £21k or the £16k?

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FLR(M) refused due to income - pending High Court decision

FLR(M) refused due to income - pending High Court decision

Re: FLR(M) refused due to income - pending High Court decisi

Re: FLR(M) refused due to income - pending High Court decisi

Re: FLR(M) refused due to income - pending High Court decisi