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ILR Refused - Due to Financial Requirement

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arusha123
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Posts: 10
Joined: Wed Mar 18, 2015 11:46 am

ILR Refused - Due to Financial Requirement

Post by arusha123 » Thu Mar 19, 2015 9:24 am

I need someone's advice urgently.

My wife has applied for the UK settlement Visa from India in Jan2015. However UKBA has refused the application with the below text.
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Refusal Decision:
"You are relying on your spouse's income from self employment in order to meet the financial requirement"

“In assessing your application against these requirements. I have noted the following:
- You sponsor started his business on 10/10/2014. The specified evidence required includes documents covering a 12 month period in order to establish income. Your sponsor will not be able to provide the required evidence until his business has operated for a full tax year at which time he would be in a position to submit documents relating to that 12 month period.

You have not therefore provided the required evidence or demonstrated that your spouse's income is over the minimum requirement of £22400. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration rules. (E-ECP.3.1)
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I have provided payslips for the last 12 months which includes payslips from my new Job and my previous job.

I have changed my employment in the month of October-2014. I have opened a limited company in October2014 and I am the director of the Limited company. So I have produced the following documents
---- Payslips --- Jan-2014 till Oct-2014 (Previous Employment)
---- Payslips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Dividend Slips --- Nov-2014 till Dec-2014 (Current employment -- From the Limited Company)
---- Bank statements from Jan-2014 till Dec-2014

Immigration Rule: as per
"Immigration Directorate Instructions"
"Family Members under Appendix FM and Appendix Armed Forces of the Immigration Rules"
Category F or Category G: Self-employment and Director of specified limited company

"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. For example, to count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application."
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My previous employment Gross salary from Apr2014-Oct2014 is £24,256.33 which meets the minimum financial requirement £22400.

As per the refusal letter, seems UKBA has not considered my previous employment salary.

Has anyone had any experience of appealing against this situation..?

I will appreciate if someone can advise on this case.

Thanks

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