Pregnant Wife's FLR(M) refused on E-LRTP-3.1

[davesam00]

Hi All, Urgent help needed!

I hope someone can help me here whether I should take solicitor help to appeal (we are granted right to appeal) or not and what document on earth I failed to send to my friend at UKBA. With all due respect, I reckon the reviewer must be wearing some kind of blinkers that blocked his/her logic when reviewing application?

Cannot reapply as visa has expired I take it?
My wife is 30wk pregnant and this has been very stressful for her as she wonders what went wrong and whether she will hv to fly back before delivery. I am British citizen.

Me & my wife are both self employed. We incorporated our company on 19/Oct/15.
My wife visa was expiring on 28/Oct/16. I applied for Visa by post on 26/Oct/16 once my accountant submitted our self assessment. However, company returns were not yet filed as not due until 31/Oct/16. They later requested CT600 (1/Nov/2015 to 31/Oct/2016) and I duly submitted along with SA302 which was now generated for both my wife and myself.

Received post today with only partial documents returned along with rejection letter stating that on 26/Oct/16(date of application), we were not self employed for full financial year (as CT600 started from 1 Nov 2016), hence we do not meet e-lrtp-3.1 i.e. 18,600 financial requirement. Refer image


My question is could they not have checked our SA302 Or one from so many financial docs submitted to realise we earn consistently and fairly more than the 18600 requirement!! either as salaried employees before Oct 2016 and self employed after Oct 2016.!!

Below is the list of finance related docs I sent:

For Both - SA302 2015-2016
My - P60 Year End 2013
For Both - P60 Year End 2014
For Both - P60 Year End 2015
My - P45 Last Employment ending 14/10/2015
My wife's - P45 Last Employment ending 6/11/2015
For Both - Tax Return Confirmation / Calculation 2015 -2016
For Both - Employment & Income History from HMRC (2013,14,15,16) (No year under 18K for myself)
For Both and Limited Company - Last 1 year Bank Statements
Our Limited Company - CT600 Corporate Tax Filed 1 Nov 2015 to 31 Oct 2016
Our Limited Company - Certificate of Incorporation
Our Limited Company - Certificate of PAYE and NI Registration
For Both - Salary Slips April 2015 to Oct 2015
For Both and Ltd company - Accountant Certificate/Letter: Income Letter
For Both and Ltd company - Accountant Certificate/Letter: Income Summary
For Both - Accountant Certificate/Letter: Dividend vouchers
Our Limited Company - Most recent Appointments Report from Companies House

Also to note, our CT600 had a figure of fairly above 18600.
Also both of our SA302 had combined income from salaried employment and dividends from company totaling to above 19K for both my wife and myself individually.

Why on earth they have not found in my application. ??? What additional document should I submit with my appeal. Any help much appreciated.

Thanks
sd

[Obie]

You must appeal and possibly seek a reconsideration.

DO it before the deadline, otherwise your wife will become an overstayer.

If the appeal is filed her leave will be extended via Section 3C.

[davesam00]

Thanks Obie.

Few specific question I am seeking answer to this time -

- Is there any way I can get my CT600 re-done to include 19th Oct to 31st Oct as the company was incorporated on 19th? Technically we were self employed since 19th Oct 2015 but the accounts were only filed starting 1 Nov 2015. (as activity started only in November)
- Can I add more documents to my file if I make an appeal?
- Is there an option for fast track appeal?

Thanks again for your reply..

[Obie]

If you submitted less than a year tax documents, then you are likely to be refused.

I am not a specialised account so cannot answer that. My speciality is immigration law and I know that if your tax documents was less than 1 year old, it will be refused.