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Extended spouse visa refused - self employed

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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ann223344
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Joined: Wed Jan 30, 2019 9:53 pm
Korea South

Extended spouse visa refused - self employed

Post by ann223344 » Wed Jan 30, 2019 10:12 pm

Hi, i am really upset right now.
I received a letter from the HO today saying that my visa is refused as the self employed net profit is only £16000 but I thought it was a gross profit or even after expenses but before tax??? For this reason, i didn’t include mine in the financial requirement. When we applied the first visa 2.5 years ago, my husband was employed and we didn’t have any problem to apply for the visa so I thought it would be again gross profit before tax.

My husband earned around £30000 before everything and after expenses, it was somewhere after £20000 so I thought it should be ok.
I tried to find on appendix fm stating ‘net profit’ but it says ‘the income will be the gross taxable profits from their share of the business in the relevant financial year.’

Doesn’t it mean gross profit?

I was thinking to appeal with my income next week as with my income, we make over £30000 but from my research, apparently if they were right to reject in first place, they would not take appeal so it’s waste of time and money. Is that true?
In this case, will i not win the appeal? Although it’s not clearly stating on the form that it’s the net profit they are looking for? I am really confused now. I thought they would give me a chance to correct the mistake if it is really net profit they are looking for but it seems like once they refuse for a reason, that’s it and you only appeal if you think it’s %100 their fault.

What’s the best option for me now? I don’t really want to reapply as it costs a lot. I am trying to find out how to appeal and on their website, they talk about hearing and stuff which is confusing as well.

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Casa
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Re: Extended spouse visa refused - self employed

Post by Casa » Thu Jan 31, 2019 12:26 am

What was the amount on which HMRC calculated tax payable :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ann223344
Newly Registered
Posts: 2
Joined: Wed Jan 30, 2019 9:53 pm
Korea South

Re: Extended spouse visa refused - self employed

Post by ann223344 » Thu Jan 31, 2019 11:09 am

Casa wrote:
Thu Jan 31, 2019 12:26 am
What was the amount on which HMRC calculated tax payable :?:
I just found out that it was £16357 before tax. I am seriously panicked!! Technically they were right... i don’t think i can reapply as my visa already expired and that wasn’t the option they gave me in the letter. They only gave me right to appeal. Would this appeal be a chance to correct the mistake as i can provide my income? The only problem i found just now is that my company head office isn’t willing to put my annual salary in the letter as i am on hourly wage but i can ask my manager to write the letter for me instead. Is the employment letter still ok from my own manager? I am going to see an immigration advisor later but what’s the best option? Any advise?

If i won’t win the appeal because they were rigt to reject and i can’t reapply because my visa is already expired and they haven’t given me a direction to reapply, what will happen to me then? Sounds like my only option will be going back to my home country whether i appeal or not :cry:

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