# Flr (m) refused. Please help



## Mario123 (Aug 27, 2016)

I applied for my flr (m) visa on 8th June 2016 as my spouse visa expired 24th July 2016 

We used the combined earnings option of both my wife and I. 

I work employed earning just short of 17k and she is self employed earning 15k

The issue I had when submitting documents was that they required her sa203 form from hmrc or their tax calculation both of which doesn't get sent out till August or September time 

I spoke to the UK visa helpline who assured me to send her accounts and bank statements together with a covering letter stating that the hmrc won't have calculated the tax till August/September and this can be sent at a later date. As I can't send a document that doesn't yet exist 

After almost a three month wait got a refusal letter stating along the lines of:

You have stated your wife is self employed and have written a letter that no sa203 document has been produced yet. As you have not provided evidence of her earnings I have refused your application

How can this be possible?? Is she stupid?? Surely she could have used discretion?

I rang the helpline who himself was shocked and told me how could I have provided a document if there is none in my possession. And that's the advice they tell everyone who has to apply before such documents are produced 

I have now appealed as I didn't simply omit the document. I highlighted the fact that I need to send the document but as at the time of application hmrc hadn't yet calculated her tax calculations I wasn't able to produce this for the application but her accounts and bank statements were sent as proof of earnings 

Does anyone have any feedback as to how likely I am to have the decision overturned as I sent the tax calculation which was posted to me 9th August 2016 together with the appeal

I am really upset as our first child is due in two weeks and this stress is something we didn't need


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## nyclon (Apr 3, 2011)

It's helpful if you provide the exact wording of the refusal letter.

The helpline is run by a 3rd party and they often give confusing and incorrect information.

They have been giving less and less leeway in an effort to cut down on immigration so I wouldn't expect any discretion. There is also a very specific list of documents that you must provide for self-employment and if you don't provide them you can expect to be refused. Didn't provide the document for the previous year?


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## Mario123 (Aug 27, 2016)

Hi yes but when I applied for the spouse visa it was in September and by then the hmrc had sent out the tax calculation 

Yes the list of documents needed for self employed is accounts bank statements and the sa203 or tax calculation 

This year the accountant did the accounts in April and sent off to hmrc as per usual but as always it takes a few months for hmrc to calculate the tax 

There was no possible way to sent the tax calculation/sa203 earlier if it had not been produced by hmrc nor could I apply for the visa any later as my visa would have expired after July


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## Mario123 (Aug 27, 2016)

It is required to provide documents for the previous tax year so in my case it would be for 2015-2016.


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## Mario123 (Aug 27, 2016)

Not sure if you can read the attachment of the refusal letter but it states:

It is noted that your spouse is self employed. You have submitted a letter stating you are unable to provide the document sa203 before September therefore you are unable to provide documentary evidence to support your application as outlined in paragraph 7


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## nyclon (Apr 3, 2011)

I removed your attachment because it appears to have your name. You can try posting it again with the name blacked out.


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## Mario123 (Aug 27, 2016)

Ah sorry 

Thanks for removing


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## antshiel1970 (Aug 27, 2015)

You mean SA302 not 203 and this document is readily available once your tax return has been submitted by your accountant assuming you use an accountant. Very sorry to hear your situation but the requirements for self employed are far more detailed than salaried etc. You must produce all required documents at the time of your application. They may use discretion and again they may not. If you don't provide the documents at the time of application they have every right to refuse your application. They may also reconsider it after an appeal and you producing the missing docs. This is the list of financial docs you should have produced: 


Evidence of the amount of tax payable, paid and unpaid for the last full financial year. 
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years): 
(i) Annual self-assessment tax return to HMRC (a copy or print-out); (ii) Statement of Account (SA300 or SA302). 
(c) Proof of registration with HMRC as self-employed if available. 
(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. 
(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). 
(f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. 
Class 2 National Insurance contributions statement.

(h) One of the following documents must also be submitted: 
(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or 
(bb) If the business 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 Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;


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## Mario123 (Aug 27, 2016)

Yes thanks 

I submitted everything other than the sa302 as this wasn't yet available. I have now sent this with my appeal in the hope that they can review and reconsider


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## antshiel1970 (Aug 27, 2015)

Mario123 said:


> Yes thanks
> 
> I submitted everything other than the sa302 as this wasn't yet available. I have now sent this with my appeal in the hope that they can review and reconsider


If you have all docs inc the SA302 then I don't see why you shouldn't win, fingers crossed!


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## Mario123 (Aug 27, 2016)

Fingers crossed. 

It's just annoying as how could I have produced the document if it hadn't been produced yet. 

And given the covering letter I was told to submit to explain why it hadn't been included it seems that it was just ignored


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