Spouse visa Appeal-chennai

[PariJ]

hi all,

can anyone please advise what will be the timelines for Spouse visa appeal/hearing in chenna.
I need to make a decission whether it is worth appealing against the decision or apply new application.
Your input will be appreciated,


my case is here
http://www.immigrationboards.com/immigr ... I#p1161065

Cheers
Pari

[Obie]

If a case is good, and the refusal was unlawful, it is quicker to appeal and put them on notice, and within 28 days of your appeal being filed, they are required to provide details on whether they wish to challenge the appeal, and if they do, their reasons for doing so.

From experience, i will say that has turned out cheaper and quicker for most client.

Since October when the new rules came into place, I have dealt with 3 cases, where appealing turned out to be quicker than applying.

[PariJ]

Thanks Obie,
As per ECO letter, the application was rejected because of missing documentation for Financial Requirements

"Company Tax Return CT600 (a copy or print
out) for the last full financial year (ie 6/4/2013- 5/5/2014)[/u][/b] and
evidence this has been filed with HMRC,
such as electronic or written acknowledgment
from HMRC.Whilst i Acknowledge that you have submitted CT600 covering a full calendar year it does not cover last full financial year as required by the rules"

I submitted evidence for financial Req under Categroy F as a director of limited company and Corporte accounting year is Aug 2013-July 2014. all of my documentations i submitted is for this period only.

Can you please advise whether i have valid reason to appeal? Attached below are the documents submitted


Information about applicant (XXXXX)
-Printed copy of online application form
-completed Appendix 2 (VAF 4A ) form
-Passport
-one passport sized colour photo
-TB certificate
-Letter from previous employer confirming the start /end date

English Language Requirements
-Original Degree Certificate


Accommodation Details
-Tenancy Lease Agreement from
-Letter from Landlord/letting agent acknowledging applicants stay in the premises
-Photos of the property

Information about the sponsor (YYYY)
- Bio data page from the passport
-Copy of Current Resident proof
-Current UK address proof
Financial Requirements (Appendix 2 Category F)
-Company Incorporation Certificate
-Letter from Accountant confirming share holders, Gross income for last full financial year of the director (Aug 13-July 14)
-Business banking account Statements covering last full financial year
-Business Savings account Statements covering last full financial year
-Pay slips and dividends covering last full financial year
-Personal Current Account Statements covering last full financial year
-Vat Returns submission receipts covering last full financial year
-Copy of CT600 and receipt of corporate tax submission for last full financial year
-Financial Statements/accounts for year ending July 14 for limited company
-Personal Savings accounts Statements for last 6 months (July14-Jan 15)
-evidence of Current and previous employment.

Relationship proof
-Marriage certificate
-Marriage Invitation
-some Marriage photos (16)
-Email Chat history before Marriage
- Snapshots of Whats App Chat history
-Skype Conversation Histories
-Copy of e-ticket visiting applicant in Newyork and some photos (4) taken during that visit
- Copy of gifts receipts exchanged between XXXX and YYYY
-eticket copy of India Visit for Wedding

[Obie]

It seems wholly unlawful, they ought to have request the missing document.

That is similar to another case i was involved with. That case it was a missing payslip, but they back it up by ignoring the relationship call transcript, and said they would have refused in any event as the relationship is not genuine, when the couple had a child together.

I think the refusal is unlawful.

[WR1]

Obie.

This seems to be a very common occurrence now. The Home Office are getting very strict and there seems to be no leniency.

There was someone else on this forum who had their visa rejected due to a missing document. I also know someone who had the visa rejected because the latest bank statement was more than 28 days old (was due to delay in submitting the application).

Rather than asking for the additional document, case workers are now rejecting visa's entirely. (wasn't like this a few years ago)

[Obie]

But that is unlawful as the rules requires them to request it, unless they can show they would be entitled to refuse on other basis , even if those documents had been requested and provided.

[PariJ]

Obie,Wri -thanks for the reply.

I dont understand what document/documents i missed ?

As per the guidline ,i fall under 9.3.2 and last full financial year is based on my company 12 month accounting period rather fiscal tax yeat april-april

9.3.1.
For those self
-
employed as a sole trader, as a partner or in a franchise, the relevant
financial year(s) will be that covered by the self
-
assessment tax
return and in the UK this
runs from 6 April to 5 April the following year. Where the applicant is relying on their
partner’s income from self
-
employment overseas, the relevant financial year(s) will
reflect the requirements of the taxation system of that c
ountry.
9.3.2.
For those employed as a director of a specified limited company in the UK, the relevant
financial year(s) will be that covered by the Company Tax Return CT600 and
corresponds to the 12
-
month accounting year of the company.

[Obie]

They sometimes refuse for the sake of refusing, and it is disgusting.

[PariJ]

Obie,

Attached the snapshot of the refusal letter.The rejection is based on the Accounting year confusion,Please advise if i have a valid ground to appeal .thanks

[Obie]

Well it is difficult to advise based on that alone.

All i say is that, the law provides that if certain evidence is absent, the Officer should give you an opportunity to provide.

If you fail to do so, then they can refuse.

To apply now, you will be looking at a fee of nearly 1600, when you take the Surcharge into account.

But on the basis of the refusal due to missing evidence, i believe there is merit.

[WR1]

I submitted evidence for financial Req under Categroy F as a director of limited company and Corporte accounting year is Aug 2013-July 2014. all of my documentations i submitted is for this period only.

This is where the issue is. You were required to submit documents for the full financial year, i.e., this is the tax year which runs from 6 April to 5 April. I've not read your entire thread in the other post but you can appeal submitting the required document for the correct period, hopefully the appeal should be granted. There have been cases when people have submitting missing documents and overturned the decision. The appeal will be a time consuming process but as Obie pointed out, a fresh application is going to cost you just shy of £1,600 (£956 for the application plus £600 health surcharge).

[PariJ]

if i re appl now, does following dates cover the last full financial year?

Pay slips April 2014-April 2013,April 2013-2012
Dividends April 2014-April 2013,April 2013-2012
Ct600, Aug 2012-July 13,Aug 13-July 14

do i need to wait till July 2015 for corporate cycle to end?


Cheers
Pari

[PariJ]

if i re appl now, does following dates cover the last full financial year?

Pay slips April 2014-April 2013,April 2013-2012
Dividends April 2014-April 2013,April 2013-2012
Ct600, Aug 2012-July 13,Aug 13-July 14

do i need to wait till July 2015 for corporate cycle to end?


Cheers
Pari

Pay slips April 2015-April 2014, April 2014-April 2013,April 2013-2012
Dividends April 2015-April 2014,April 2014-April 2013,April 2013-2012
Ct600, Aug 2012-July 13,Aug 13-July 14

do i need to wait till July 2015 for corporate cycle to end?

[PariJ]

Well it is difficult to advise based on that alone.

All i say is that, the law provides that if certain evidence is absent, the Officer should give you an opportunity to provide.

If you fail to do so, then they can refuse.

To apply now, you will be looking at a fee of nearly 1600, when you take the Surcharge into account.

But on the basis of the refusal due to missing evidence, i believe there is merit.

Obie, WR1,

I am planning to re apply, but i may not have the Corporate tax retun for 2015 until July . I fear they might reject my application for same reason ie my CT600 does not cover last full financial year April14- April 15. Any inputs will be appreciated.

Cheers

[theroyale]

I submitted evidence for financial Req under Categroy F as a director of limited company and Corporte accounting year is Aug 2013-July 2014. all of my documentations i submitted is for this period only.

This is where the issue is. You were required to submit documents for the full financial year, i.e., this is the tax year which runs from 6 April to 5 April. I've not read your entire thread in the other post but you can appeal submitting the required document for the correct period, hopefully the appeal should be granted. There have been cases when people have submitting missing documents and overturned the decision. The appeal will be a time consuming process but as Obie pointed out, a fresh application is going to cost you just shy of £1,600 (£956 for the application plus £600 health surcharge).

Sorry to butt in but this does not seem right. I am about to apply for my spouse as a Limited Company director and from the wording of the guidance I understand that it is the accounting financial year of your company that matters and not the April-April financial year.

From Financial Requirement Annex:

(e) The financial year(s) to which paragraph 9 refers is the period of the last full financial
year(s) to which the required Company Tax Return(s) CT600 relates.