nclarke1899

Good Afternoon,

Just had an email advising my wife's application for UK residency has been rejected. It has been rejected on the grounds of 'Eligibility Financial Requirement'. I earn far more than the required £18600, and have issued sufficient and all relevant required documents. It appears that because I work for a family business, they are questioning the validity of my employment. Despite, showing letter of employment, 6 months were of pay slips and my P60 for multiple years.

I will obviously be appealing this rejection, however my question is would it be beneficial to hire an immigration attorney (I can deal with the cost- as I want this whole escapade to be over). or is it an easy enough process to appeal it on my own? I have 28 days to do so, but will be doing it sooner rather than later. also if anyone has any good recommendations for immigration lawyers, that would be appreciated as no harm in getting a 2nd opinion.

Thanks in advance.

BritInParis

A formal appeals process will require professional advice. Are you able to post a scan of the refusal notice omitting personal details?

SanDiegogirl

If you are the employee of a Limited Specified company as per the following description

9. Self-employment or Director or employee of a specified limited company in the UK 9.1.

then there are totally different documents you need to present to fulfill the financial requirements

https://assets.publishing.service.go...ent-ext_1_.pdf

nclarke1899

Morning, thanks for your response; the reason for refusal is as below; I will try and scan things when I get a minute at work alter on today.

Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:

You have stated in your Visa Application Form that you meet the financial requirement through Category A. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor is employed by **** Ltd since **/**/2015 and earns an annual salary of more than 3x this amount. As evidence of your sponsor’s employment you have submitted an employment letter and 6 months’ payslips, but no bank statements to confirm salary deposits as specified in Appendix FM-SE.

** FWIW I had sent copies of my bank statement**

niv619

Firstly sorry about the bad news.
I had a similar issue whereby secondary employment was with a company that was not well known and the UKVI did not think it was valid, such as online presence etc.

I would advise due to the appeal process (time and costs) it is just worth reapplying with a more reputable company which is what I have done so when the HO does there checks they will see the company has presence, just a thought.

SanDiegogirl

This refusal says nothing about being employed by a family business, just that you did not submit bank statements

nclarke1899

I am not sure what you mean / how I would go about reapplying with a more reputable company? as the business I work for is a large company that have many locations throughout the UK, and are the only company I work for.

nclarke1899

I went through my documents that I submitted (they were scanned to my computer) and I had 6 months were of bank statements. I understand, that they are advising they never received the statements...

In the rejection PDF file they have requested the below;

The specified type of limited company is one in which:

(i) the person is either a director or employee of the company, or both, or of another company within the same group; and (ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and (iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

and so all of the following must be provided:

(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC. (ii) Evidence of registration with the Registrar of Companies at Companies House. (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year. (iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.


Appendix FM Partner Refusal Version 01 17

(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600. (vi) A current Appointment Report from Companies House. (vii) One of the following documents must also be provided:

(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year. (2) Proof of ownership or lease of business premises. (3) Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.

(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided:

(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600. (ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly. (d) Where the person receives dividends from the company, all of the following documents must also be provided: (i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount. (ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.

(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.


all of this isn't a problem, but we will be sending a significant amount of paper to show evidence of this, which seems a little OTT for apparently not providing bank statements?

SanDiegogirl

They are NOT refusing you merely because you did not send bank statements (even if you did)

They are refusing you because you work for a Specified Limited company and you did not provide ALL those other documents they are detailing in the refusal letter.

In your first posting you say the application has been refused...... in another posting you say in the rejection PDF file they have requested the below;

Which is it..... an outright refusal or is the ECO actually asking for additional documentation in order to process your application ?

From the wording of the PDF file I think they are informing you of the documentation you DID NOT provide for an application under the Specified Limited company category

BritInParis

From what you’ve said about your circumstances and the reasons given in your refusal notice you would be wasting your time by appealing. You simply did not provide the required documents for your situation. It would be best to bite the bullet and reapply.

SanDiegogirl

....agree

nclarke1899

Apologies for the delay, I was manic at work yesterday, I have attached the whole refusal letter to this post. Appreciate the advice.

christmasoompa

Seems a fair enough refusal to me then unfortunately. The letter says that there are just too many documents missing - if it was just one or two they'd have requested them, but you've missed most of the evidence required. As the others have said, I don't think you have grounds for an appeal unfortunately and will just have to reapply making sure you do provide all that is required next time.

Good luck.

Faraway1234

My wifes spouse visa was refused for similar reasons. They said i needed to provide documents under paragraph 9. Same like yours.

They also said my employment was not genuine as there was difference in answers in the interview. In the interview i was asked what my job role was. I answered sales rep. The interviewer asked what my duty was to which in answered “going to shops and selling our products”. We manufacture food products at our company.

She then rang my employer (father) and asked the same questions. My father also confirmed sales rep and confirmed i go to customer bases and sell products. She asked a following question and asked what my responsibilities were. She did not ask me this. My father replied by saying i had a responsibility of obtaining funds from the customer.
The interviewer twisted and claimed i was purely a financial admin and claimed my employment was non-genuine. Obviously if im selling something then i receive money in return.
Anyways i have my own topic on this and i dont want to takeover yours. Just wanted to share my story. So far im thinking of appealing by providing the documents under para 9 and giving detailed evidence regarding my job role. I have two weeks left to do so.
Please let me know what you decide.

christmasoompa

If you didn't provide the documents required at the time of application, then I don't see how you could appeal? You can only appeal if a mistake has been made but if you didn't provide the required evidence, then there's no grounds for an appeal IMO.