# Refused UK spouse visa. On hold



## satouf (Dec 23, 2013)

Dear members 

I would please like to ask for your assintance in this matter of a refused spouse visa. 

I submitted my wife visa in morocco on the 28th October 13
Today the 23 Dec 13 my wife got a e mail: 

Your application for entry clearance has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM.

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website.

Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.

In the meantime, if you submit any further information or document(s) relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date, this will be considered. If, on the basis of this further information or document(s), your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.

Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (e.g. in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.


Am self employed and submitted my tax retune showing £19013.

Not sure how or on what they refused me exactly.

What should I do?! 

Thank u in advanced


----------



## Joppa (Sep 7, 2009)

You need to find out the exact ground(s) for being put on hold. You have to request it. Once you know, you can then plan your response.
It's possible you didn't submit all the supporting evidence required by FM1.7. There is a long list for self-employed income. But find out from them first.


----------



## satouf (Dec 23, 2013)

Thank you for your quick replay

How do I go about finding out that?!


----------



## Joppa (Sep 7, 2009)

Send an email and ask.


----------



## satouf (Dec 23, 2013)

Thank you


----------



## satouf (Dec 23, 2013)

By the way do I asked them or my wife who was refused?! 

Is there anyway in particular to how to ask for the info from them?!


----------



## Joppa (Sep 7, 2009)

Your wife as applicant should to the email address the message came from.
Say something like, 'Thank you for your email. I would be grateful if you would provide the full details of why my application was put on hold, so that I can plan my response.'


----------



## satouf (Dec 23, 2013)

Joppa said:


> Your wife as applicant should to the email address the message came from.
> Say something like, 'Thank you for your email. I would be grateful if you would provide the full details of why my application was put on hold, so that I can plan my response.'


I have sent them email, but they only keep sending me the original email telling me its on hold. 
they wont give me the full details.


----------



## Guest (Jan 2, 2014)

Strange. So you applied as being self employed? What evidence did you send other than your tax return? I know self employed people have to send lots of evidence of such covering the whole year.


----------



## satouf (Dec 23, 2013)

_shel said:


> Strange. So you applied as being self employed? What evidence did you send other than your tax return? I know self employed people have to send lots of evidence of such covering the whole year.


All self employed documents sent. Tax return, NI 2, SA form all that was mentioned on the apendix for self employed. 
It seems they not doing their job.


----------



## Guest (Jan 2, 2014)

I doubt they are not doing their job. They only refuse if you do not meet the requirements. That also includes if you did not provide the full evidence of how you meet the requirements.


----------



## satouf (Dec 23, 2013)

_shel said:


> I doubt they are not doing their job. They only refuse if you do not meet the requirements. That also includes if you did not provide the full evidence of how you meet the requirements.


The funny thing is we have sent three emails requesting full details 
Of the case and how they based their decision on not meeting the financial apendix
But they keep sending the original email.

I don't know why don't wont explain in greater detail!!


----------



## Guest (Jan 2, 2014)

This is the list of required evidence i have just found. Did you send all of that? 

In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:

(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.

(b) The latest:

(i) annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302); and,
(iii) the same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.

(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.

(g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions.

(h) One of the following documents must also be submitted:

(i) (aa) If the business is required to produce annual audited accounts, the latest such accounts; or
(bb) If the business is not required to produce annual audited accounts, the latest unaudited accounts 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);
(ii) A certificate of VAT registration and the latest VAT return (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £73,000;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.

(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.


----------



## satouf (Dec 23, 2013)

_shel said:


> This is the list of required evidence i have just found. Did you send all of that?
> 
> In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
> 
> ...


That's the text that I went by and sent all documents mentioned in it.


----------



## nyclon (Apr 3, 2011)

satouf said:


> The funny thing is we have sent three emails requesting full details
> Of the case and how they based their decision on not meeting the financial apendix
> But they keep sending the original email.
> 
> I don't know why don't wont explain in greater detail!!


Take into consideration that there have been 3 bank holidays and a weekend since you received your refusal and it's likely that they have not been fully staffed for these 2 holiday weeks.


----------



## satouf (Dec 23, 2013)

nyclon said:


> Take into consideration that there have been 3 bank holidays and a weekend since you received your refusal and it's likely that they have not been fully staffed for these 2 holiday weeks.


Yeah that's true. 

Plus the way the e mails were responded was not very profeesional.
It seemed like the person sending them did not really understand what I was asking for.


----------



## Joppa (Sep 7, 2009)

Your British partner should contact their MP and ask them to escalate the request as a matter of urgency. Home Office will respond to the request made by a Member of Parliament, and there is a special section within it to deal with their interventions.


----------



## satouf (Dec 23, 2013)

Joppa said:


> Your British partner should contact their MP and ask them to escalate the request as a matter of urgency. Home Office will respond to the request made by a Member of Parliament, and there is a special section within it to deal with their interventions.


Thank you. We shall try and do that. 

A lawyer wants £2000 to withdraw the aplication and for them to reconsider 
The refusal.


----------



## UKPS (Dec 24, 2013)

Hi,

I am in a similar position with my wife's visa on hold in India. But with the email they sent me, and everyone else I have seen they gave the reason.

I tried to post earlier, but maybe it got deleted. This email we all get is standard wording from direction document Appendix FM Annex 1.7. In that, they are supposed to give you a reason in the email itself. You should email them that they have not followed their own direction in your case! That may get them to move a bit faster.

UKPS


----------



## satouf (Dec 23, 2013)

UKPS said:


> Hi,
> 
> I am in a similar position with my wife's visa on hold in India. But with the email they sent me, and everyone else I have seen they gave the reason.
> 
> ...


Thank you. Sorry to hear that u r in a similar position.
It's very stressful right now.
Not sure how to get them to give me the exact reason.
Whoever is replying to my e mails does not seem to understand exactly what am asking for.
What should I send them?!


----------



## Joppa (Sep 7, 2009)

Stop wasting time. Go to the top. Ask your MP to intervene. They WILL get the answer you are seeking.


----------



## UKPS (Dec 24, 2013)

There's no reason not to do both. Go to your MP AND send them an email telling them they failed to give you a reason which they are obliged to do. The exact wording from Annex 1.7 is:

The notification to the applicant should be in the following terms:
“Your application for entry clearance/leave to remain under paragraph [insert] of Appendix FM/Appendix Armed Forces to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM/Appendix Armed Forces and/or the related evidential requirements under Appendix FM-SE. [Give reasons].


That last bit '[Give reasons]' is what they have not done. Tell them they have not complied with their own direction, and so the notice was invalid. That should give them a big nudge.

Let us know what happens,

UKPS


----------



## Joppa (Sep 7, 2009)

UKPS: I know all that but apparently the person answering the OP's email requests doesn't bother to or doesn't have access to the details of his case - probably working for official visa partner. Hence going to the top - ECM through Home Office via their MP. There is a dedicated section only MPs have access to and they can set things in motion. OP can also send a complaint to ECM.


----------



## satouf (Dec 23, 2013)

UKPS said:


> There's no reason not to do both. Go to your MP AND send them an email telling them they failed to give you a reason which they are obliged to do. The exact wording from Annex 1.7 is:
> 
> The notification to the applicant should be in the following terms:
> “Your application for entry clearance/leave to remain under paragraph [insert] of Appendix FM/Appendix Armed Forces to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM/Appendix Armed Forces and/or the related evidential requirements under Appendix FM-SE. [Give reasons].
> ...


Thank you. I will take your advice on board. 
I have contacted the my local MP and will email him.

How's your case going?!


----------



## UKPS (Dec 24, 2013)

Yes. I don't think it's either/or. You can email them, which they should escalate if they are junior to whoever made the decision in the first place AND see your MP. Helping immigrants into the country isn't top of many MPs todo lists right now, I imagine, so that may also take some time. In my experience, when you point out to officials where they have missed the letter of the law, they usually move quite swiftly to rectify. Who knows?

I am just waiting. I want to know what the position actually IS with these cases? Are they being reviewed now, or just kept in cold storage until the court case is done and THEN looked at along with cases where no additional documents were submitted in time?

I too will ask a lawyer next week and escalate with my MP. But if they don't have to look at any of them before the court case then... I would rather withdraw and submit a fresh one. At least then I know it will be considered in a reasonable time.


----------



## satouf (Dec 23, 2013)

UKPS said:


> Yes. I don't think it's either/or. You can email them, which they should escalate if they are junior to whoever made the decision in the first place AND see your MP. Helping immigrants into the country isn't top of many MPs todo lists right now, I imagine, so that may also take some time. In my experience, when you point out to officials where they have missed the letter of the law, they usually move quite swiftly to rectify. Who knows?
> 
> I am just waiting. I want to know what the position actually IS with these cases? Are they being reviewed now, or just kept in cold storage until the court case is done and THEN looked at along with cases where no additional documents were submitted in time?
> 
> I too will ask a lawyer next week and escalate with my MP. But if they don't have to look at any of them before the court case then... I would rather withdraw and submit a fresh one. At least then I know it will be considered in a reasonable time.


My MP has just told exactly what they keep telling me.
The reason is I don't meet the income threshold.

What a useless MP


----------



## satouf (Dec 23, 2013)

With regard to the ‘give reason’ part which you are questioning, the UK Border Agency have stated that your wife’s application has been refused solely on the income threshold, therefore, I can only suggest you await the outcome of the court’s judgement of the Home Secretary’s appeal regarding the income threshold requirement.


----------



## Guest (Jan 3, 2014)

Why dont you lay out your income here so we can try and seehow they came to that conclusion if you provided all the correct evidence but they say you do not meet the income requirement. 

Ive seen people make mistakes with self employed income/profit before. 

The tax return you sent how much profit and income did it show?


----------



## satouf (Dec 23, 2013)

33650 before expense 
After total deduction
Net profit £19013


----------



## satouf (Dec 23, 2013)

_shel said:


> Why dont you lay out your income here so we can try and seehow they came to that conclusion if you provided all the correct evidence but they say you do not meet the income requirement.
> 
> Ive seen people make mistakes with self employed income/profit before.
> 
> The tax return you sent how much profit and income did it show?


£33650 before expenses 
After total deductions 
Net profit £19013


----------



## Guest (Jan 3, 2014)

I can only think you missed sending something or something was not up to date or covering hole period they require . Is it just 1 person you are sponsoring? 

Your MP sounds like they were not helpful. Did you tell them you required an explanation of how you didnt meet the requirement? Which party do they represent?


----------



## satouf (Dec 23, 2013)

_shel said:


> I can only think you missed sending something or something was not up to date or covering hole period they require . Is it just 1 person you are sponsoring?
> 
> Your MP sounds like they were not helpful. Did you tell them you required an explanation of how you didnt meet the requirement? Which party do they represent?


Just my wife. 

Well that's what I told him but he is conservative so That explains his reply


----------



## UKPS (Dec 24, 2013)

satouf said:


> With regard to the ‘give reason’ part which you are questioning, the UK Border Agency have stated that your wife’s application has been refused solely on the income threshold, therefore, I can only suggest you await the outcome of the court’s judgement of the Home Secretary’s appeal regarding the income threshold requirement.


Your MP is worse than useless. He/she has not understood the point at all. No surprise really. The UKBA has specifically NOT given you a reason WHY you have not met the income threshold. They are OBLIGED to as per the direction. That's what you are chasing them up on! The MP has not addressed this or understood this at all.

Everyone else who gets this mail DOES get a precise reason, and usually which paragraphs of Appendix FM have not been met. Just look at other similar posts and the corresponding email from UKBA. Mine mentioned paragraphs 7 and 10 specifically. Of course this is causing the problem because you don't know where you may have gone wrong (if at all).

Maybe your lawyer could help? Maybe he/she could understand the issue and send UKBA an appropriate letter. If their notice is in fact invalid and you can prove exactly how you have met the threshold, they may reconsider very quickly.

All the best.


----------



## satouf (Dec 23, 2013)

UKPS said:


> Your MP is worse than useless. He/she has not understood the point at all. No surprise really. The UKBA has specifically NOT given you a reason WHY you have not met the income threshold. They are OBLIGED to as per the direction. That's what you are chasing them up on! The MP has not addressed this or understood this at all.
> 
> Everyone else who gets this mail DOES get a precise reason, and usually which paragraphs of Appendix FM have not been met. Just look at other similar posts and the corresponding email from UKBA. Mine mentioned paragraphs 7 and 10 specifically. Of course this is causing the problem because you don't know where you may have gone wrong (if at all).
> 
> ...


Thanks.
I have spoken to a few lawyers but they don't seem to understand what am asking for.
They r all concerd with money. I don't want to waste more money with no great outcome


----------



## satouf (Dec 23, 2013)

_shel said:


> I can only think you missed sending something or something was not up to date or covering hole period they require . Is it just 1 person you are sponsoring?
> 
> Your MP sounds like they were not helpful. Did you tell them you required an explanation of how you didnt meet the requirement? Which party do they represent?


Hello it's been a while. 

After sending over 10 emails in one day about why my case is on hold.
I got a email yesterday 
I quote 
Dear Sir ,

Thank you for your e-mail.

Your wife’s application has been deferred for further evidence of the sponsor’s employment. However, she was mistakenly sent an e-mail which stated that her case was deferred under OPI rules.

The matter has now been rectified and your wife was issued with a visa.

We apologise for any inconveniece this might have created.

Yours Faithfully,

Not sure what OPI rules are?!! 

So it seems my wife has been issued a visa but they have not contacted yet so am still a bit sceptical


----------

