Settlement dependent Spouse visa refused, Help needed

[prabhuns]

Hi There,

I am an ILR holder via Tier 1 G (since oct'15 ) living in the UK, I have recently moved to contracting/self-employed job 6 months ago, before that I was a permanent employee for 4 years. My wife visa was recently refused in india with sole reason as below:

"The fact that your sponsor has not completed a full financial year in self-employment does not
exempt you from meeting the evidential requirements of Appendix FM-SE. Self-employed
sponsors are required to have completed a full financial year of self-employment before they will
be able to meet the evidential requirements of Appendix FM-SE." "I am also aware that your sponsor was previously employed by xxx Bank until June 2015.However, this source of income was not continuing at the date of application. "

does this mean Self-employment income can't consider as income until its completed one financial year or I am not sure if I am missing something?

I have applied 4 times UK visa under T1 General proving my income, it is usual accepted with company documents and approved accountant letter stating the financial figures. Recent one was oct'15.

I am worried appeal might take almost year to get the visa. Could someone please help or advice on where to appeal or to reapply ( if its new application, what else I need to submit? ).

I have submitted all the company related doc(VAT / Company cert, current contract, business/personal bank statement, HMRC 4 years tax history, previous employer pay slip, my ILR T1G points approval letter, etc)

Thank you!

[CR001]

The requirements for a spouse settlement visa are different to that of a Tier 1 General.

You need 12 months as self employed as the letter states.

Your previous employment with xy bank is irrelevant now. It would have been better if you had stayed at xy bank till your spouse was in the UK.

[vinny]

Mandatory:

be able meet the evidential requirements of Appendix FM-SE.

[prabhuns]

Many Thanks, CR001.

I assume until I complete one financial year, I can't prove I have the required income of £18.6K. That means it's not worth applying for appeal ?!

Can she apply for family visitor visa (< 6 months?) till then or any other options available?

Cheers

[CR001]

Unlikely she will succeed in getting a visitor visa with a husband living and established in the UK. HO have become wise to this scenario now and there have been refusals. Besides, her failed spouse settlement visa will immediately flag up when she tries to apply for a visitor visa.

How would she prove she is a 'genuine visitor' and what 'ties to her home country' will she be able to prove with evidence?

[prabhuns]

Thanks Vinny,

but it's surprising, the guidance doesn't cover for the scenario where the person is earning in the first financial year under self-employment( or during the transition) even tho' i am still earning and paying the tax.

[prabhuns]

Can she mentions that she can't apply dependent visa as the rule is not allowed to apply during the first year of my self-employment, hence she would like to visit me for 2 months ?!

tho' it might sound guidance reason, not sure if they can accept this as reason.

[CR001]

Nope, she has made her intention to settle in the UK clear to UKVI, so any attempt at obtaining a visitor visa will also likely be refused. There extremely limited appeal right for visitor visa refusals.

[prabhuns]

make sense !

Apologies, i am still looking for options and thinking loud here: Can I reapply as salaried employee showing my salary from my company + pay enough bonus from my company as income ( and maybe if require dividend as additional income). will that work?

--
you tag line "In life you cannot press the Backspace button!!" sounds golden word to me now.

[CR001]

Thanks

Not sure about your question but there is no quick fix. I was very fortunate in that I completed my spouse visa process before the financial requirement came into effect in July 2012

Perhaps Vinny can advise or one of the other forum members.

[prabhuns]

ok, cheers, I will wait for others view also.

[prabhuns]

looks like i have to wait till May to do a fresh application. My question is if I do an appeal, can i withdraw the appeal later or can I do a fresh application while appeal is in progress?

Cheers

[vinny]

20. APL1.20 Applicant makes fresh application while an appeal is outstanding

[prabhuns]

Thanks Vinny.

[prabhuns]

Hi all,

Is there any email ID for home office to ask queries on the guidence?

[vinny]

Contacts.