Ilr 5 year route extension self employed financial requirements not met because of covid

Alena0629 · Post by **Alena0629** » Sun May 29, 2022 4:32 am

Hi all,

I am posting here for the first time, looking for somw advice and hope. My husband recieved the decision let few days ago stating the financial requirements was not met and that because he has children here they will extend to 30 months visa and need to pay nhs surcharge within 10 days.

My question is do we have a good chance in appealing the decision based on the fact the net profit income was met before covid so tax year (2019- 2020) but was not met when applying (2020-2021) by -£2000 because of covid loss of income. We really thought they would be more considerate. What is the success rate for appealing

Thank you for your time.

zimba · Post by **zimba** » Mon May 30, 2022 10:09 am

The application is not refused yet. Note that you do not get appeal rights if refused and also note that if you accept their offer of an extension, he will be put under the 10 year route (as he will not even meet the extension requirements under the 5 year route)

Alena0629 · Post by **Alena0629** » Wed Jun 01, 2022 4:35 pm

Zimba wrote: ↑
Mon May 30, 2022 10:09 am
The application is not refused yet. Note that you do not get appeal rights if refused and also note that if you accept their offer of an extension, he will be put under the 10 year route (as he will not even meet the extension requirements under the 5 year route)

Thank you for your reply. We have contacted a solicitor and they took all documents and are going to represent us. What i dont understand is how home office can suggest extension 30months if we dont meet financial requirements. Our solicitor said not to pay surcharge but we are worried if the solicitor doesn’t meet deadline and then we lose all rights. I am really hoping the case worker will reconsider and also now look at our 2021-2022 tax year returns which exceeds the requirements. Even though this was stated in the cover letter from myself and my accountant.
The whole world was in lockdown and still somehow we managed to survive financially and show profit but was short by 2k. It was a very hard time for many people during this unprecedented time and yet the rules did not change is ridiculous.

zimba · Post by **zimba** » Wed Jun 01, 2022 5:36 pm

UKVI can offer 30 months under the 10-year route as that route does not have a financial requirement. Paying the IHS puts him under the 10 year route which effectively prevents him from getting ILR as time spent under the 10 year route cannot be used to get ILR under 5 years route. This is the reason why you are being advised not to pay the IHS. The rules require you to provide the latest tax assessments, so if you provide the 2021-22 self-assessment, the UKVI may reconsider. Otherwise, he will fail the requirement and cannot get ILR. In case of refusal, then you can lodge a new SET(M) using the latest self assessment

Alena0629 · Post by **Alena0629** » Thu Jun 02, 2022 9:40 am

Zimba wrote: ↑
Wed Jun 01, 2022 5:36 pm
UKVI can offer 30 months under the 10-year route as that route does not have a financial requirement. Paying the IHS puts him under the 10 year route which effectively prevents him from getting ILR as time spent under the 10 year route cannot be used to get ILR under 5 years route. This is the reason why you are being advised not to pay the IHS. The rules require you to provide the latest tax assessments, so if you provide the 2021-22 self-assessment, the UKVI may reconsider. Otherwise, he will fail the requirement and cannot get ILR. In case of refusal, then you can lodge a new SET(M) using the latest self assessment

But they gave me 10 days time limit and if I don't pay then my application will be refused and I can be removed from the country.
So if I did not get any response from home office do I need to pay NHS surcharge or wait for home office. If I am waiting more than 10 is it going to illegal

zimba · Post by **zimba** » Thu Jun 02, 2022 3:20 pm

You can file for a new application within 14 days of refusal with your latest self assessment

Alena0629 · Post by **Alena0629** » Fri Jun 03, 2022 7:16 am

Zimba wrote: ↑
Thu Jun 02, 2022 3:20 pm
You can file for a new application within 14 days of refusal with your latest self assessment

Ok So next scenario if my caseworker dont reconsider then after 10days not paying surcharge it counts for refused application then i am able to submit ilr application again but in new application i must state this refusal and submit 2021-2022 tax return?

zimba · Post by **zimba** » Fri Jun 03, 2022 5:59 pm

Yes. However you must for now wait to get a decision

Alena0629 · Post by **Alena0629** » Tue Jun 21, 2022 4:27 pm

Recieved email from home office on Friday staring they did not get response and giving me 5 more working days. My solicitor says they posted two letters of representation. I am now being advised to pay end of this week the surcharge if i dont hear back from home office.

zimba · Post by **zimba** » Mon Jun 27, 2022 9:57 am

Zimba wrote: ↑
Mon May 30, 2022 10:09 am
The application is not refused yet. Note that you do not get appeal rights if refused and also note that if you accept their offer of an extension, he will be put under the 10 year route (as he will not even meet the extension requirements under the 5 year route)

Alena0629 · Post by **Alena0629** » Tue Jun 28, 2022 7:32 pm

Thank you for your reply i highly appreciate it.

Update: Since paying the surcharge we have not heard back. On the first application update email from home office it stated if we did not pay the surcharge then we dont have the right to appeal. And when I questioned someone from home office helpline they confirmed that the financial requirement for the extension is significantly lower and this varies for each case apparently.

Below are the statements from the ho email.

“If you do not pay the immigration health surcharge by the
specified date, your application for limited leave to remain will
be discontinued. This means that you will not be granted
limited leave to remain and your application fee will not be
refunded. You will not be able to appeal this decision and you
may be liable for removal from the United Kingdom.
Further information
You have 10 working days from the date of this letter to pay“

“ If you do not pay the immigration health surcharge by the
specified date, your application for limited leave to remain will
be discontinued. This means that you will not be granted
limited leave to remain, you will not be able to appeal this
decision and if you have no other legal basis to remain in the
UK you may be liable for removal from the United Kingdom.”

“ you do not meet
the £18600 mir 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.
As you have a parental relationship with children who are
British citizens, we are satisfied that you would meet the
requirements of paragraph R-LTRP.1.1 (a), (b) and (d) of
Appendix FM (10 year route) because of your family life.”

zimba · Post by **zimba** » Wed Jun 29, 2022 1:05 pm

There is enough advice given to you in this thread. You were advised not to pay. Next time you'll be here confused on why the ILR is again refused under the 5 year route

I suggested a new SET(M) application with the most recent evidence but you do not seem to listen.

Zimba wrote: ↑
Wed Jun 01, 2022 5:36 pm
UKVI can offer 30 months under the 10-year route as that route does not have a financial requirement. Paying the IHS puts him under the 10 year route which effectively prevents him from getting ILR as time spent under the 10 year route cannot be used to get ILR under 5 years route. This is the reason why you are being advised not to pay the IHS. The rules require you to provide the latest tax assessments, so if you provide the 2021-22 self-assessment, the UKVI may reconsider. Otherwise, he will fail the requirement and cannot get ILR. In case of refusal, then you can lodge a new SET(M) using the latest self assessment

Alena0629 · Post by **Alena0629** » Wed Aug 17, 2022 3:24 pm

update

I sent email to admin review and they requested 2019-2020 tax year sa302 to establish a fall in income during next tax year (2020-2021 tax year which was submitted with application) and the net profit was above threshold however, it was a combination of self employment and employment. They replied back p45 states the employment ended 2019 and so they can only use self employment income in their calculation, they are unable to use the covid concession for temporary reduction since there was no reduction.

First of all obviously there wont be a reduction because they are comparing 5 months self employment income to 1 year self employment income. Secondly 2019-2020 tax year was never planned to be taken into account since we knew we will need to submit 2020-2021 tax year, and the income would have been significantly more if it wasnt for covid.
lastly why is combined income not taken into consideration for tax year 2019-2020?

I understand i was advised here at the beginning to submit new application but i believed there was a good chance for the home office to reconsider the decision based on the circumstances. Do we still have time to submit new application? our decision date was 27/05/22 and another same email 30/06/22 (home office error ?)

We are looking to take this matter to courts for satisfaction as the reconsideration was unfair and can not be lawful or proper.

zimba · Post by **zimba** » Wed Aug 17, 2022 3:52 pm

The rules require the caseworker to ONLY consider sources of income that must still be a source of income at the time of application.

Income under Category F or Category G can be combined with income from salaried
and non-salaried employment, non-employment income and pension income in order
to meet the financial requirement. However, unlike with other Categories, these
sources of income must fall within the relevant financial year(s) in order to be
included. Under Category F or Category G, all sources of income must fall within the
financial year(s) relied on and must still be a source of income at the time of
application.

So if your employment has ended, then you cannot rely on it even if it falls during the tax year. You just end up claiming sources of income that continue to give you an income. You have now been advised several times to apply for a new application with your latest tax return. Going to court is a very very bad idea and more expensive as you seem to have no case to argue. The best outcome may also NOT be ILR but leave under 10 year route or outside the rules.

Alena0629 · Post by **Alena0629** » Wed Aug 17, 2022 5:01 pm

Thank you for the clarification which has very much useful and clear than the solicitors. Do i have time to make new application still? Also why do you say ilr might not be the best outcome?

zimba · Post by **zimba** » Thu Aug 18, 2022 12:17 am

Alena0629 wrote: ↑
Wed Aug 17, 2022 5:01 pm
Thank you for the clarification which has very much useful and clear than the solicitors. Do i have time to make new application still? Also why do you say ilr might not be the best outcome?

You should apply within 14 days of getting an admin review response

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Ilr 5 year route extension self employed financial requirements not met because of covid

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