sayers09

Hello,

My wife's FLR(M) application was recently refused for not meeting the financial requirement. The letter stated, "You fail to meet the eligibly requirements of paragraph R-LTP.1.1.(c)(ii) because you fail to mer paragraph E-LTRP.3.1-E-LTRP.3.3 of Appendix FM of the Immigration Rules.

They included my employment income in their refusal decision but not my wife's employment income even though her income was also listed on the application we submitted. They also kept her passport. We plan on appealing because they did not include her income at all even though we included her bank statements and her USA tax records documenting her income. We could not provide payslips because she has her own online business but we did explain that in an attached letter that they opened. With our combined employment income we more than meet the financial requirement.

We planning on appealing but we are not sure under which act would should appeal as this is a case of the Home Office not considering or even addressing my wife's income.

We were given the right to appeal either under "section 82 of the National, Immigration and Asylum Act of 2002 because the Secretary of State has decided to refuse your human rights claim"

It the goes on to explain how to submit a "notice of appeal" and providing the website.

The letter contiunes;

"You may appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of the Human Rights Act of 1998. You should not appeal on grounds which do not apply to you. You must give arguments and any supporting evidence which supports the grounds you rely on."

"For further advice about the appeals process and details of any fees payable are available from the First-tier Tribunal web site.

Under what act do you think we should appeal?

As anyone had any success with the appeals process?

Further, would you recommend an oral hearing or a paper hearing?

Thanks in advance!

bobbyleo

Can you produce UK tax records?

sayers09

Thank you for replying!

Not until April when she has to file them.

I am sure the issue isn't with the records being from the UK vs the US. USA records work just fine. It honestly looks like they rushed the decision and didn't even look at all of the documents. Further, they didn't not address her income at all. I think they missed her income on the application so didn't even look for the correlating evidence. Do you have any advice as to which act we should use to appeal?

bobbyleo

I don't have any advice but hopefully someone will be along later.

Hope you get to resolved.

SanDiegogirl

You say "not until April when she has to file them"

Does this mean that the on line business has not been up and running for a full financial year?

The fact it is based in the US and not in the UK, that you could produce US but not UK tax records, no payslips or bank statement would be very significant I should think.

Self employment for immigration financial qualifications relies on there being records in Company house, tax returns, HMRC records and a full year's accounting records.

I think they were quite correct in not including your wife's income.

angie_329

it may be that they are now only taking sponsor's income into account . at this stage would seek professional advice before making further errors or applications- as if this application or data can be corrected you may be able to resubmit via a visa agent- try 1stcontactvisas or 1stcontact.com- their new url/website. friends have used them -they are very experienced, established since '98 and a good reputation. They can look at your application and tell you where you went wrong.
once you get into realm of appeals it is very difficult,expensive and unlikely to suceeed. current climate is to reduce immigration so they will pick on any small error or ommission to reject applications.
my tip-you can also ask some visa agents to check your appication BEFORE you send it in-there will be a cost but less than the full service-however it says you a lot in lost fees if your applicaition is rejected.

angie_329

note: correction on spelling error : "it SAVES you a lot in lost fees if your application is rejected"