REFUSAL - FLR(M) Spousal Visa Application based on Self-Employment Financial Requirement

[jacksonlee83]

Hello all,

Our Spousal FLRM Visa Application was refused at the Home Office Same-Day-Appointment at Glasgow a few days ago based on the fact that my Self-Employment did not meet the Financial Requirement at £18,600.

I left feeling pretty frustrated because the solicitors we got involved in our case did not give us the right information. I thought I write in this forum to warn and ensure other visa applicants that the £18,600 Self-Employment Financial Requirement is based on PROFIT, and not total sales.

I went in with my SA200, SA100, SA101, unaudited accounts, bank statements and invoices for the last financial year. They all added up to be £19,980 income, but after accounting for expenses, it came up lower than the £18,600 financial requirement.

Our lawyers from xxxxx did not point this out in our many meetings with them and even after we approached them about this issue after we got out of the Home Office, they were very nonchalant about it and shunned the blame. Now they are taking advantage of our desperation and just quoted us a higher fee to help us with an appeal.

This is appalling behaviour especially when you expect your immigration solicitors to be hand-holding you throughout this stressful process. Regardless if you take my rant into consideration, I thought I send out a big disclaimer to all others that are doing the Financial Requirement for the FLRM application through Self-Employment.

Please make sure that you hit ABOVE the financial requirement AFTER you deduct your Self-Employment Expenses!!!

I can only hope that my failure in this application serves as some help for others that are going through the same thing.

If anyone have good successful applications with trustworthy solicitors, please send them our way... We are now trying to work on an appeal with a 14 days deadline!


X

[Casa]

Sorry that you've been misled by your solicitors, however to avoid potential libel issues I've taken the precaution of redacting the company name from your post.

The Board Ts&Cs don't permit the posting of professional recommendations on the open forum.

As you've found to your detriment, qualifying income from self-employment is the nett amount after business expenses have been deducted. In other words, the amount on which HMRC calculate tax due.

Appeals are currently taking 12 months or more to be decided and as the Case Worker's decision was correct, it may well be futile to challenge this by appealing.

However, if your spouse's visa is close to expiry, it would be wise to consider submitting a FLR(FP) Partner route application within 14 days of the refusal, which will retain their Section 3c cover while the application is being processed.

[Obie]

Do you have a child with your partner.

Yes with self employment, it is the net earning, and a competent solicitor ought to have known that.

[jacksonlee83]

My FLRM application has been refused by the Home Office, but they have given me an option to make an Appeal. I have been told that I could make the appeal, then make another application then while waiting for the tribunal. Is this possible as both my passport and biometric card have been taken away by the Home Office.

My visa status will revert to Tier 1 based on Section 3C leave.

Is anyone able to offer some advice? I would not want to be separated from my partner and we have a countdown of 14 days to make a decision...

[CR001]

My visa status will revert to Tier 1 based on Section 3C leave.

When does your Tier 1 visa expire? Which category of Tier 1 visa do you hold?

[jacksonlee83]

Hey CR001, thanks for the reply...

I have got a Tier 1 Entrepreneur Visa which expired on the 21 December 2017.

I made a Same-Day-Service Appointment on the 20 December 2017. The appointment was on 19 January 2018.

I have just got my application rejected but given an option to appeal.

[Obie]

My understanding is that you cannot do Entrepreneur visa on counter. How did you do it? Was that the reason it was refused?

These type of application don't trigger a right of appeal, I am puzzled as to how one was given.

[jacksonlee83]

Appeals are currently taking 12 months or more to be decided and as the Case Worker's decision was correct, it may well be futile to challenge this by appealing.

However, if your spouse's visa is close to expiry, it would be wise to consider submitting a FLR(FP) Partner route application within 14 days of the refusal, which will retain their Section 3c cover while the application is being processed.

Hello Casa and Obi, Thank you for your replies. I am truly gutted that my visa has been refused due to my solicitor's advice... but I guess feeling anguish and regret over it will not do much help to the situation.

My partner and I do have have any children dependants so we are unable to make the FLR(FP) Partner route.


This advice was given by the same solicitors so I would like to check if this is possible...
Making the appeal, then create another application (with my partner's employment) while waiting for the tribunal. My visa status will revert to Tier 1 based on Section 3C leave as I have made the application before that visa expired.

Is this possible at all? Both my passport and biometric card have been taken away by the Home Office...

We have a countdown of 14 days to make a decision...

[jacksonlee83]

My understanding is that you cannot do Entrepreneur visa on counter. How did you do it? Was that the reason it was refused?

These type of application don't trigger a right of appeal, I am puzzled as to how one was given.

My application was for a FLRM Visa. The Visa I held before the application was a Tier 1 Graduate Entrepreneur Visa. The appeal was rejected because of the financial requirement but they have given me a chance to appeal under Human Rights.

I hope that clears the confusion...

[Obie]

So you partner is the settled person , right?

[jacksonlee83]

So you partner is the settled person , right?

Yes my partner is British and I am Singaporean

[jacksonlee83]

Does anyone have any idea if by making the appeal then withdrawing with a new application, it would work? And if I would be able to get my passport back for that application?

Many thanks for your input!

[DaniGP]

Sorry to hear u went through that, I’m in a similar situation. We just submitted our IRL online based on combined income from Self-employment and employment. We only realised the self employed income was PROFIT rather than turnouver. We were a shocked as our solicitors never pointed it out and they also said the HO would consider my partners current employment salary. Other groups online say it’s not the case.
It’s so annoying as my current financial year we are well above the threshold.
I feel I just wasted money making the application knowing now that it will be refused. My visa expires the 3rd of Feb so I don’t think we had any other choice but to apply.
May I ask how did ur appeal go? on what grounds? Was it successful?