ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Help! Spouse visa rejected, what next?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
Hr123
Newly Registered
Posts: 4
Joined: Mon Oct 01, 2018 3:29 am
Mood:
United Kingdom

Help! Spouse visa rejected, what next?

Post by Hr123 » Wed Oct 03, 2018 12:26 am

Hi there

Firstly apologies if this subject has been covered elsewhere but i’m new to this site and would really really appreciate any help at all.

I’m a british citizen and this is my second time applying for spouse settlement visa. The first time i met financial threshold but they rejected me on not providing enough evidence to substantiate our relationship, which is ludicrous. We then reapplied but i moved jobs to work closer to home and unfortunately was made redundant. Now even though i moved jobs and had an employment gap of 2 months i still met the 18600 threshold as i earn above average.

Unfortunately as my soilcitor said that i needed to get a job asap i set my own limited company and started consultancy for a large international bank which paid handsomely.

My solicitor submitted my forms using previous 13 months employment history and recent employment where i supplied proof of contract with the bank on letterheaded paper, projections from my accountant etc. I’ve recently been told that my visa has been rejected and i am heartbroken! The reason for this is, is technical and at the time of application as i set up my limited company i should have submitted ct600 - which can only be done next year, even though i met the criteria of the threshold and had proof of work at a high salary for more than 4 years.

Im extremely disappointed and feel like giving up. Please can anyone help me!

Many many thanks in advance

User avatar
Londoner007
Diamond Member
Posts: 1651
Joined: Mon Feb 13, 2017 9:29 am

Re: Help! Spouse visa rejected, what next?

Post by Londoner007 » Wed Oct 03, 2018 1:11 am

If you applied under self employment and didn't send 1 year of tax returns, CT600 then you would have been corectly refused - it's a shame you were so badly advised.

What was your total income from all jobs in the past 12 months prior to application submission date and what was salary before you I presume left employment and set up your on company?
Verily, After Hardship Comes Ease

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Help! Spouse visa rejected, what next?

Post by seagul » Wed Oct 03, 2018 3:22 am

Solicitor seems like very incompetent. You just should have applied under category B only which you did correctly but messed it up with self employment and this where the mistake happened.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Hr123
Newly Registered
Posts: 4
Joined: Mon Oct 01, 2018 3:29 am
Mood:
United Kingdom

Re: Help! Spouse visa rejected, what next?

Post by Hr123 » Wed Oct 03, 2018 10:59 am

Hi

Thank you for getting back to me. I’m gutted! I think solicitor did apply using cat b, but including current employment (will confirm today, got an appointment with solicitor).

My earnings were 26,000 for past 12 months, which includes employment gap of 3 months. I started self employment 20 days before the case was filed.

My solicitor in fairness did advise that maybe we should wait 12 months before applying because of self employment, but did say that some similar cases have gone through and there’s a chance ours could be accepted too. I regret taking the risk now, but i thought maybe ours would go through too and that little glimmer of hope was naively there.

Would it be possible to appeal as i was still earning above threshold prior to self employment?

We will also reapply but will have to wait a whole year!! I wish my solicitor advised what the actual categories of employment were as i could have done my consultancy under an umbrella company which could have been deemed as ‘agency’.

I’m just soo disappointed and really don’t know what to do!

Thanks

Hr123
Newly Registered
Posts: 4
Joined: Mon Oct 01, 2018 3:29 am
Mood:
United Kingdom

Re: Help! Spouse visa rejected, what next?

Post by Hr123 » Wed Oct 03, 2018 11:04 am

Self employment: awarded contract with - large UK bank for initial 6 months contract earning £250 a day. Currently on 5 month if that contract hoping to extend further.

I need to speak to my accountant and new at this self employment malark, but would the accept less than 12 months of tax returns so long as i meet the threshold?

User avatar
Londoner007
Diamond Member
Posts: 1651
Joined: Mon Feb 13, 2017 9:29 am

Re: Help! Spouse visa rejected, what next?

Post by Londoner007 » Wed Oct 03, 2018 11:45 am

They will not accept less than 12 months of tax returns.

Appeal may take a while anyway even if you succeed. Fund out exactly what category you applied.
Verily, After Hardship Comes Ease

Locked