ILR Application Denied: Cited Financial Section, However I do qualify? May be an error; Would it be best to appeal?

[optimusprimefan30]

Hello,

I applied for Set M Indefinite Leave to Remain in November 2021, and was contacted via email by the Home Office a few days ago asking me to provide additional documentation by a deadline of 07 March 2022:

For the purpose of obtaining indefinite leave to remain (ILR), you are required to demonstrate earning of £18,600.00. Please submit the relevant documents to support this requirement - please see Appendix FM Immigration Rules, E-LTRP.3.1 to E-LTRP.3.4. for full details

While I can do this, although I provided such documents previously so I'm not sure what they are asking for (and any additional clarification would be much appreciated), the email does not specify where I am to send any further documentation.

There is an individual name at the signature of the email, but the email address that contacted me seems to be one which may be a general email contact for a department or office. The message and email address do not explicitly state "do not reply" anywhere, but it also provides no guidance on where to provide the requested documents.

I am happy to send any documentation as attachments as part of a reply to the email I was sent;

However, I am also wondering if I should also upload the requested documents to my UK VCAS page, where I initially uploaded all of my documents months ago?

I can still log in and reach the uploaded documents page, but as the webpage states to upload documents within 48 hours prior to my biometrics appointment (which I had done), I'm not sure if uploading more documents now is OK?

Thank you for any assistance; I am learning disabled and struggle greatly with this process, so any assistance is very much appreciated.

[manci]

For the purpose of obtaining indefinite leave to remain (ILR), you are required to demonstrate earning of £18,600.00. Please submit the relevant documents to support this requirement

I am learning disabled and struggle greatly with this process

The HO clearly think that you have not submitted all the required documents.

Please explain your situation and describe the documents you submitted, may be forum members can help identify if you have missed anything.

I am happy to send any documentation as attachments as part of a reply to the email I was sent;

If there are missing documents I believe this is the way to send them.

[zimba]

You should email back the documents. DO NOT use the UKVCAS system as the documents will not be seen by UKVI now.
Here in the guide the documents needed are explained depending on your category: https://assets.publishing.service.gov.u ... rement.pdf

[optimusprimefan30]

For the purpose of obtaining indefinite leave to remain (ILR), you are required to demonstrate earning of £18,600.00. Please submit the relevant documents to support this requirement

I am learning disabled and struggle greatly with this process

The HO clearly think that you have not submitted all the required documents.

Please explain your situation and describe the documents you submitted, may be forum members can help identify if you have missed anything.

I am happy to send any documentation as attachments as part of a reply to the email I was sent;

If there are missing documents I believe this is the way to send them.

Thank you;

I am from the USA, my partner is a UK citizen (was born here). I have lived here for just over 10 years, first on student visas, then on partner/couples visas, now I have applied for Set M Indefinite Leave to Remain.

The documents I submitted for the previously noted section are:

-Letter from my employer providing my pay, duration of employment, current status of employment.
-A letter from my partner's employer, noting the same.
-Bank statements from both me and my partner, going back the past 6 months as specified as of the time I originally submitted my documents in November 2021.
-My partner's savings account statements. (I do not have any savings account myself.)
-My most recent tax records for the UK.
-I am disabled and have included my Access to Work documentation from 2021 as well.
-The past 6 months of time sheets for me and my partner's jobs (hours worked and salary).

We do meet the £18,600.00 requirement, but I have looked over the checklist provided for the application and I don't believe I have missed anything needed to prove this?

Although I am struggling with understanding this section, so I am not sure.

I appreciate any help anyone may have to offer; Thank you very much.

[optimusprimefan30]

You should email back the documents. DO NOT use the UKVCAS system as the documents will not be seen by UKVI now.
Here in the guide the documents needed are explained depending on your category: https://assets.publishing.service.gov.u ... rement.pdf

Thank you very much; I will check that guidance over with my partner (as my disabilities unfortunately make it difficult for me to parse numerical information by myself).

I had been looking at the guidance noted specifically in the email I was sent (Appendix FM Immigration Rules, E-LTRP.3.1 to E-LTRP.3.4.), which seems to be here?:
https://www.gov.uk/guidance/immigration ... ly-members

[AmazonianX]

You should email back the documents. DO NOT use the UKVCAS system as the documents will not be seen by UKVI now.
Here in the guide the documents needed are explained depending on your category: https://assets.publishing.service.gov.u ... rement.pdf

Thank you very much; I will check that guidance over with my partner (as my disabilities unfortunately make it difficult for me to parse numerical information by myself).

I had been looking at the guidance noted specifically in the email I was sent (Appendix FM Immigration Rules, E-LTRP.3.1 to E-LTRP.3.4.), which seems to be here?:
https://www.gov.uk/guidance/immigration ... ly-members

Reply to same email address and attach the requested documents.

[CR001]

Did you submit the payslips for 6 months corresponding to the bank statements?

You state timesheet above, which would not be the same as an official payslip.

[optimusprimefan30]

Did you submit the payslips for 6 months corresponding to the bank statements?

You state timesheet above, which would not be the same as an official payslip.

I am self-employed and currently working for a company that I don't own as a contractor, so I'm not sure if I can obtain an official payslip?

I will contact the company now to check...

Thank you for your help, this is extremely confusing for me.

[CR001]

There is very specific evidence you need to submit if you are self employed.

[optimusprimefan30]

There is very specific evidence you need to submit if you are self employed.

Thank you for emphasising this; I am having extreme difficulty figuring out what that may be, but I think I have found something that helps make it clearer for me:

https://immigrationadvicecentre.com/set ... tner-setm/

So I can provide all of that as needed, mostly tax information, as that should fulfil those requirements...

The original checklist I was provided when filling in the application doesn't seem to have referenced some of that, although this may just be my learning disability getting in the way on my end.

I appreciate your help!

[optimusprimefan30]

I previously posted here in regards to how to upload the additionally requested documentation for my ILR Set M application before 07 March 2022:

indefinite-leave-to-remain/urgent-asked ... 26197.html


I have now assembled all of the required documents (thank you for your prior assistance), and although I had no issue attaching the files to my email reply, I received the following error when sending my email:

Delivery failure

A message could not be delivered to: XXXXXX

Status: 5.7.0
>
> Action: failed



1) I checked the file sizes and ensured that there was no max attachment file size exceeded, and tested this by sending the documents to another of my personal emails.


2) I also checked the email address, and it does not state or indicate at all that it is a no-reply email address.


3) The body of the email implies that I am supposed to reply to the email with the documents:

I have reviewed your application for Indefinite Leave to Remain and require some further information. To allow me to progress your case further, please send a copy of the following documents:

For the purpose of obtaining indefinite leave to remain (ILR), you are required to demonstrate earning of £18,600.00. Please submit the relevant documents to support this requirement - please see Appendix FM Immigration Rules, E-LTRP.3.1 to E-LTRP.3.4. for full details

We are able to offer the opportunity to respond with the requirements highlighted above within 14 days of this notice. (by 7 March 2022)

We must make you aware that if we do not receive any correspondence within this time, we may consider the application on the basis of you not supplying the required information.

Should you encounter any difficulty obtaining this information within this time please advise us and we will extend the deadline for you.

I look forward to hearing from you.

4) I have looked up the error number, and it seems as though this may be a server issue on their end:

https://serverfault.com/questions/75503 ... ess-denied

https://docs.microsoft.com/en-us/office ... jected-ndr

However, there was no contact number or email address in the body of the original message I was sent (the one requesting the documents), so there is no other way for me to contact the person at the Home Office who is reviewing my case to alert them to the issue or to provide my files to them in some other way.


5) I am using a ProtonMail email address as my main contact and the email which the Home Office has; They contacted me on this email and I have used it throughout my application process without any problems thus far, so I don't think my email service is the issue?

--

Has anyone run into any similar problem before?

Is there any way to bring this to the attention of the Home Office?

I have found a phone number when I Google "contact the Home Office" which brings up 020 7035 4848, but would this be the appropriate number?

There is also the number here for the Visas and Immigration Contact Centre (0300 790 6268), but it is only operable on weekdays:

https://www.gov.uk/contact-ukvi-inside- ... thing-else

---

Any advice would be very much appreciated, thank you.

[optimusprimefan30]

UPDATE:

I have tried the following, none of which have worked:

1) Sent files (19.40MB) as part of direct reply email to original message from Home Office, received error.

2) Sent files as a forwarded message to the Home Office email address, received error.

3) Forwarded the message and files to another of my personal emails, then sent it to the Home Office email address, received error.

I'm not sure what else I can try...

Any ideas?

[ywlgy]

19.4 MB is way too big. It working for your personal email address does not mean UKVI's email system can handle it.

Try reducing the file size by making them black and white

[drgold]

If the files are PDF files, you can reduce the size using Adobe's official PDF compression utility here. If they are JPG, PNG or some other kind of file, you can Google "how to compress JPG files" or similar.

I suppose you could also send multiple e-mail replies (so that you do not have to attach all files to one email), but seems safer to reduce the file size and just send one e-mail so that they don't just see your first message and assume that's the only thing you are sending.

[optimusprimefan30]

Thank you both, I'm now testing this out:

I have now further compressed all files, combined a few that are related, brought down total file size to 7.99MB.

Tested it by sending it to myself and my partner, seems to go through just fine (not a necessary check but one I'm making just in case); I'm not sure what the total acceptable attachment file size might be on their end.

Tried sending it again as a reply to the original email I was sent from the Home Office, so far no error message, but I am keeping an eye out in case it takes a few minutes.

I'm not sure what any file size limit may be, but it may be the case that all attachments combined needed to be under 10MB in total.

Thank you again; I am grateful for your assistance!

[optimusprimefan30]

I received the following from the Home Office yesterday:

With regards to the financial requirement, you must demonstrate an annual income of at least £18,600.00 in the United Kingdom at the time of your application.

You have provided details of self-employment for yourself and your sponsor for the tax year from 06 April 2020 to 05 April 2021.
• The nett profit for yourself, as detailed on HMRC document SA103 is £1,238.00
• The nett profit for your sponsor, as detailed on HMRC document SA103 is £16,359.00
• Additionally, you have received £282.75 from your previous employer in sick pay during the assessed period from 06 April 2020 to 05 April 2021.

Therefore, the total combined income for the assessed 12 month period, from 06 April 2020 to 05 April 2021 is £17,879.75

Based on the information you have submitted you have failed to demonstrate earnings of £18,600.00 over the period assessed and fail to meet the requirements of R-ILRP.1.1. (e) with reference to E-LTRP.3.1. of the Immigration Rules.
As you do not meet the above eligibility requirements your application for indefinite leave to remain is refused under paragraph E-LTRP.3.1. of the Immigration Rules.

Reasons you would qualify for a grant of limited leave to remain
Your application has been considered for limited leave to remain under the Immigration Rules, including the partner routes contained within Appendix FM

I have now paid the Immigration Health Surcharge to be considered for limited leave to remain of 30 months, which they have offered instead as part of the same message.

Despite having checked my HMRC self-assessment with 7 other people prior to submitting it, including the HR department at my current job, due to my learning disability (dyscalculia) I think this still ended up being wrong:

My manager at work has confirmed today that my total pay from Feb 2021 (start of my current job) to April 2021 wold be £3,040.43, not £1,238.00.

I have now gotten the HMRC support number so I will be sorting this out with them tomorrow, but I would like to know:

Would it be best to appeal this decision as the error is almost certainly a result of my numerical learning disability and I can provide evidence to this effect?

Or would it be best to go ahead and apply for the 10 year Long Residence Indefinite Leave to Remain, as I now also qualify for that path?

My partner says LR is best at this point, but I'm not sure if it would be generally better to appeal?

If it would be best to appeal, how may I start that process (is there a specific page or process)?

I'm sorry if any of this has obvious answers, I am extremely stressed at the moment, and I'm unsure of what my options may be or what else I can do at the moment.

Any assistance would be very much appreciated, thank you so much.

[optimusprimefan30]

Quick update:

Would this be appropriate? https://www.gov.uk/immigration-asylum-t ... hin-the-uk

There's a 14 day limit on appeals that way, so I'm mindful of time pressure.

I'm thinking I can correct my self-assessment here now that my new manager has confirmed the 7 other people I asked to help me were all wrong: https://www.gov.uk/self-assessment-tax- ... orrections

Then once I've corrected it and paid any more tax I need to pay, I can then use my revised HMRC self assessment + my proof of learning disability + all the documentation I've already provided to support an appeal?

Or would it still be best to apply for 10 year Long Residence, assuming I am awarded the 30 months?

I'm so scared, I knew my learning disability would cost me my whole future. Any help is much appreciated.

[ywlgy]

My manager at work has confirmed today that my total pay from Feb 2021 (start of my current job) to April 2021 wold be £3,040.43, not £1,238.00.

Have you provided the payslip or any other evidence of this £3,040.43 income from the current job?

[optimusprimefan30]

My manager at work has confirmed today that my total pay from Feb 2021 (start of my current job) to April 2021 wold be £3,040.43, not £1,238.00.

Have you provided the payslip or any other evidence of this £3,040.43 income from the current job?

Yes, bank statements, invoices (I am self employed), a letter from my current job outlining my hourly wage, hours, and other details, transactions for the requested period, and my partner's financial information as well.

I provided everything asked for, and we can't figure out what the problem is... They had asked for the past 6 months of finances too, not just 2020-2021 HMRC tax paperwork. In the past 6 months, I made at least £13,000 working 10-5 every day...

I struggle with math, but everyone I'm asking is saying I should have been accepted?

[optimusprimefan30]

My manager at work has confirmed today that my total pay from Feb 2021 (start of my current job) to April 2021 wold be £3,040.43, not £1,238.00.

Have you provided the payslip or any other evidence of this £3,040.43 income from the current job?

Yes, bank statements, invoices (I am self employed), a letter from my current job outlining my hourly wage, hours, and other details, transactions for the requested period, and my partner's financial information as well.

I provided everything asked for, and we can't figure out what the problem is... They had asked for the past 6 months of finances too, not just 2020-2021 HMRC tax paperwork. In the past 6 months, I made at least £13,000 working 10-5 every day...

I struggle with math, but everyone I'm asking is saying I should have been accepted?

[vinny]

There is very specific evidence you need to submit if you are self employed.

See also Appendix FM-SE
and
Appendix FM 1.7: financial requirement

[optimusprimefan30]

There is very specific evidence you need to submit if you are self employed.

See also Appendix FM-SE
and
Appendix FM 1.7: financial requirement

Thank you; I'm trying to figure this out: I believe that indicates they should have checked gross income, but they only checked net income in my case.

Would that be something I could point out as part of a review? https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

[optimusprimefan30]

Think my partner spotted the problem! Let me know if this makes sense;

All from the same letter from the Home Office:

The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-
(a) a specified gross annual income of at least-
(i) £18,600;

> You have provided details of self-employment for yourself and your sponsor for the tax year from 06 April 2020 to 05 April 2021.
• The nett profit for yourself, as detailed on HMRC document SA103 is £1,238.00
• The nett profit for your sponsor, as detailed on HMRC document SA103 is £16,359.00

It seems they calculated net profit (and misspelled it) instead of gross annual income!

Does that appear to be the case, or are we wrong? We've read all the guidance, and it seems gross annual income is what should have been considered by them when assessing our case.