Really confused, help plzzzzz

[legalkhan]

Dear Forum members and moderators,

I have applied for variation of my Entrepreneur extension visa to ILR on 2nd of November, £1875 taken on 7th of November but no communication yet from home office yet whether my initial application (Entrepreneur Ext) has been varied or not i.e no acknowledgement or biomatric enrolment for ILR (I have already enrolled biomatric for initial application though). The main reason for me to worry about is my dependent, I haven't done any thing with her entrepreneur dependent extension application. I am so confused what to do?? Please help me out with this issue to be sorted out. I don't want her to be over-stayer.


Please share your views on this situation.

[CR001]

Is this for ILR based on long residence?

If yes, she should vary to FLR(M) if she meets ALL the requirements and you can ask them to consider her application once your ILR has been decided.

When does her visa expire?

[legalkhan]

Thanks CR001 for you being the 1st to respond as usual,

yes it is based on Long residence.

Actually her visa has been expired a month and half ago. And for FLRM visa we have only 5 months payslips as we are showing combined income for financial support. being entrepreneur I am taking salary from my company and she is working some where else. She came to this country in feb16. what is the best course of action in such a situation. She has passed her english test as well.

Please comment.

Thanks

[CR001]

You should vary to FLR(M) as soon as you can, to avoid her application being returned as invalid.

When will you have 6 months payslips?

What is your income on its own?

[legalkhan]

Thank u CR001 for looking into this issue
we will have our 6 months payslips at the end of this month, Unfortunately I had stopped taking wages at one point and since june I restarted taking it and by chance she also got her job in month of June some where. Since June I have been taking £1000 and her salary is about 750£ net (Part timer). Also this company which I am taking wages from is only 9 month old. What do you suggest???

Another question:
As I have paid fee and IHS (that is greater than fee for flrm) for her entrepreneur dependent extension application, can I adjust these in her new application (FLRM)?????

Please comments

[CR001]

You need to pay IHS and visa fee for each new application. HO might adjust the visa fee though.

Makes no difference how new your employer is. The most important pieces of evidence you need is 6 months payslips and 6 months corresponding bank statements.

Financial requirement is calculated on gross earning before tax/deductions.

[paru.org]

u dont need to pay again..
An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk

Thank u CR001 for looking into this issue
we will have our 6 months payslips at the end of this month, Unfortunately I had stopped taking wages at one point and since june I restarted taking it and by chance she also got her job in month of June some where. Since June I have been taking £1000 and her salary is about 750£ net (Part timer). Also this company which I am taking wages from is only 9 month old. What do you suggest???

Another question:
As I have paid fee and IHS (that is greater than fee for flrm) for her entrepreneur dependent extension application, can I adjust these in her new application (FLRM)?????

Please comments

[legalkhan]

Thanks CR001 and paru.org for your time, I really appreciate your help.

@CR001
The only reason I asked about the company's age is because the policy guidance says that if some one is director of a company and he/she rely on the company's salary/dividend for fulfilling the financial requirement partially or fully, he should also submit the tax return of full recent 12 months financial year or average of two financial tax year returns.

Please CR001 correct me if I have misunderstood this.

[legalkhan]

u dont need to pay again..
An applicant can vary an application at any time before a decision is made on it. They can do this if they want to be considered for a grant of leave on a different basis to their initial application.
If the applicant wishes to vary their leave for a purpose where a specified application form is required, they must complete the new form and meet all the requirements of paragraph 34A of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation to be valid.
A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.
Page 57 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
Variation application made following initial application – the applicant will pay the immigration health surcharge with the application. Some, or all of, the surcharge paid with the initial application will be refunded…..: Page 28 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016: https://www.gov.uk/government/publicati ... procedures
One need to fill the current application while applying for any Immigration application on that date .... ((Whoever, booked for Premium before and then need to fill the latest application while applying.... ((Sometime, the Caseworker don't even listen what expressed by the UKVI Customer Advisor.... ((For all Premium booking NO need to fill the Payment section in the application ... just attach the payment confirmation print out ..... ((Please have a look : Specified forms and procedures for applications or claims in connection with immigration : https://www.gov.uk/guidance/immigration ... -in-the-uk

Thanks paru.org for such a comprehensive explanation, it means I have only to pay IHS fees and can request refund IHS already been paid for initial application.
Am I right ??

[paru.org]

hi khan
as u taking salary from ur own company to fullfill income requirement u have to show below proof also,
1. Accounts
2. Tax return CT600
3. Payslips and P60
4. dividend vouchers
5. VAT and company registration
6. Make sure to pay due corporation tax
7. Letter from accountant confirming unaudited account
8. VAT return
9. Business bank account statement
10. Personal bank account statement to confirm salary and dividends were paid in that account
====
https://www.gov.uk/remain-in-uk-family/eligibility

go to , Download ‘Annex FM 1.7: financial requirement’ (PDF, 5
9.7.1 says """However, if the company is of the type specified in paragraph 9(a) of Appendix FM-SE, the person’s income will be considered under Category F or Category G. This is because in a company in sole or limited family ownership there is scope for doubt as to the effective control of the company, as the person is a director and shareholder or the other shareholders are family members of that person. In that case, instead of the employment evidence in Category A or Category B or the dividend evidence in Category C, we need evidence about the operation of the company."""
when u applying 4 ur set LR??
best of luck

Thanks CR001 and paru.org for your time, I really appreciate your help.

@CR001
The only reason I asked about the company's age is because the policy guidance says that if some one is director of a company and he/she rely on the company's salary/dividend for fulfilling the financial requirement partially or fully, he should also submit the tax return of full recent 12 months financial year or average of two financial tax year returns.

Please CR001 correct me if I have misunderstood this.