Refused under paragraph D-ECP.1.3.of Appendix FM with reference to paragraph EC-P.1.1.(d)

[euserarlo]

Spouse visa refused - exactly on 1 month. The reasons are below.

"You have not provided business bank account statements covering the full financial year in line with the CT600. The CT600 shows the financial year runs 17/09/2018 to 31/08/2019. You have provided statements covering January 2019 to November 2019.

You have not provided one of the documents listed in point (b)(vii). I acknowledge you have provided VAT returns covering 01/10/2018 to 31/12/2018, 01/01/2019 to 31/03/2019 and 01/07/2019 to 30/09/2019 however these do not cover the full financial year and you have not provided the VAT certificate to accompany the returns.

You have provided payslips covering the financial year and the corresponding personal bank statements for your sponsor. The bank statements you have provided do not show that he has received any of his salary payments in line with the payslips provided.

You have therefore failed to provide the required documents relating to your sponsor’s self-employment.

These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided.
In order to meet the financial requirement with cash savings you are required to show that you and/or your sponsor have held at least £62,500 in cash savings for at least 6 months prior to your application. You have provided your sponsor’s bank statements covering 6 months for his accounts held with Lloyds showing a minimum balance across all 3 accounts of £18,000 on 02/09/2019.


Please note that funds held in the business account for company / Limited cannot be counted as cash savings as this is company money. Therefore you do no hold sufficient cash savings to meet the requirement.

I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)"

Status

1) Yes I didn't provide all the statements - My fault as I thought January - November 2019 is suffice.

2) ECO claims that I submitted only 1/10/2018 to 31/12/2018, 01/01/2019 to 31/03/2019 and 01/07/2019 to 30/09/2019 but I submitted 1/10/2018 to 31/12/2018, 01/01/2019 to 31/03/2019 01/04/2019 to 31/06/2019 and 01/07/2019 to 30/09/2019 - But no point in arguing I believe due to my error 1 & 4

3) VAT Certificate - I think I submitted. The VAT number is also included in the accountant letter anyway.

4) Payslips - Yes Accountant provide payslip for £716. But I don't withdraw them as I claim expense around £2000 around every month from the company, So i don't need that money .

Advise:

Please advise whether I have a chance to appeal and being successful or make a new application.

New application :

1) All the statements will be provided
2 & 3) VAT returns, VAT certificate, VAT related stuff confirmed by the accountant will be submitted.

4) I can withdraw all the salary today and get the new bank statement to show that. Would that be OK? or it will be a problem that I am withdrawing all the salary in the same month?

5) If you are self employed what is the yearly salary requirement £18600?
If so my payslip says 716*12 = £8592; which means I will fall short. ( I have another income on the flat 725 before VAT for the maintenance agent *12 = £8700 - which I didn't declare ). The second income will take my total to £17292. I have given a friend a loan some money and I get £100 every month as interest, can I count that as income, if yes it will take it to £18492 + savings account interest every months counts around £25/month, which will take my income as £18792.

Please advise on

A) Self employment income requirement
B) Problems in withdrawing the amount (salary) all in a week?
C) Or i can get a letter from accountant that salary was included in the expense claim every month and show the signed letter.

Thanks for your guidance please.

[geoeng]

A) For self-employment, the required documentation is to cover the last full financial year (which sounds like it should be 17/08/2018 to 31/08/2019). Anything outside that period doesn't really matter expect to prove ongoing self-employment income, which is also a requirement. It appears your application missed substantial documents for the full period covered by the financial year. The financial requirement is the same regardless of what income source or combination of income sources you use, to rely on self-employment income alone it would be £18,600 per year.

B) Withdrawing salary now wouldn't help much as it wouldn't be received during the applicable financial year.

C) My understanding is income from reimbursement of expenses cannot be used towards meeting the financial requirement.

While you can income from property rental and interest from savings towards the financial requirement, interest from loans does not appear to be on the list of acceptable non-employment income. Cash savings held for at least 6 months in excess of £16,000 can also be used towards the financial requirement. Everything you need is in the guidance document linked below:

https://assets.publishing.service.gov.u ... -ext_1.pdf

[euserarlo]

Is this means I wait for 6 months? Or another full financial year?

But at the things are established such relationship etc, can I apply tourist visa again ( but please note that, tourist visa was refused as spouse didn't have big financial savings or income ?)

I don't want to leave the job and go there etc ( as I recently got new mortgage and everything )

Or is there any other option..

[euserarlo]

Any thoughts or suggestions?

[geoeng]

Is this means I wait for 6 months? Or another full financial year?

You have to meet the financial requirement somehow. Based on what you have posted, your self-employment income plus property income will likely get you close. If your cash savings have increased since the last application, you might be even meet the requirement now. Obviously you would have to sort out whatever the issue was between the payslips and bank statements. The various other options for meeting the financial requirement are set out in the guidance document.

You might be able to get a tourist visa, you might not. It depends on the perceived risk of overstaying. A previous refusal probably makes it unlikely unless the previous issues are addressed. Your partner would likely need to have a good reason to leave at the end of the visit and evidence of this.