Souse Visa refused - Self employment

[olafcanada]

We’ve just received a refusal letter for my wife spousal visa application.
It was refused based on insufficient evidence on self-employment income.
In Canada for my last reported financial year, I earned the equivalent of £24,300.
We submitted bank statements and tax returns. However, they are asking that we submit HMRC tax assessments. As we live in Canada, we do not need to file an HMRC self-assessment tax return. We also need to file unaudited accounts from an UK recognised supervisory body (not sure where this can be obtained in Toronto).

Additionally, since making the application, we have sold our house (no mortgage held) and the closing date is in a couple of weeks. We have all legal paperwork to support this.

We also have two children (both British citizens), and we are moving back to the UK mid-February where they will then start school. However, it was clearly stated in the letter that this does not make an ‘exceptional circumstance’

My questions are..
1. Should we appeal, or submit a different application based on cash savings (sale of our home)? Or can this be used in the appeal?
2. When we do go to UK, are we likely to have border issues when husband and children are moving, but she is ‘visiting’ while her visa is under appeal or new application?

Thanks

[Casa]

We’ve just received a refusal letter for my wife spousal visa application.
It was refused based on insufficient evidence on self-employment income.
In Canada for my last reported financial year, I earned the equivalent of £24,300.
We submitted bank statements and tax returns. However, they are asking that we submit HMRC tax assessments. As we live in Canada, we do not need to file an HMRC self-assessment tax return. We also need to file unaudited accounts from an UK recognised supervisory body (not sure where this can be obtained in Toronto).

Additionally, since making the application, we have sold our house (no mortgage held) and the closing date is in a couple of weeks. We have all legal paperwork to support this.

We also have two children (both British citizens), and we are moving back to the UK mid-February where they will then start school. However, it was clearly stated in the letter that this does not make an ‘exceptional circumstance’

My questions are..
1. Should we appeal, or submit a different application based on cash savings (sale of our home)? Or can this be used in the appeal?
2. When we do go to UK, are we likely to have border issues when husband and children are moving, but she is ‘visiting’ while her visa is under appeal or new application?

Thanks

"If the sponsor has been living overseas and is returning to the UK
with the applicant, they must have a verifiable job offer or signed
contract of employment to start work within three months of
their return (with an annual salary which is sufficient to meet the
financial requirement on its own or in conjunction with other
permitted sources). They must also either:
─ be in employment overseas at the point of application (with
a gross annual salary which meets the financial requirement
alone or in combination with other permitted sources) and
have been so continuously for at least the previous six
months; or
─ have received the level of income required over the previous
12 months through gross salaried income and/or other
permitted sources."

My understanding of the above it that only overseas earnings from employment will qualify, not self-employment. I stand to be corrected on this, if I'm missing something.

An appeal could take 12 months or even more for a decision and evidence not available to the Entry Clearance Officer at the time of application won't be considered.

In my honest opinion, it would be better to re-apply using the funds from your house sale, which unlike savings aren't required to be held in an accessible account for 6 months. Do ensure however that you meet all the requirements, including proof of adequate accommodation available on your family's arrival in the UK.

[Casa]

I'm correcting my own advice in my previous post.
"Example (d)
The applicant’s partner currently works in Canada as a self-employed carpenter. She is
returning with the applicant to the UK to work as a salaried employee of a large construction
firm. The applicant’s partner has provided all of the specified evidence for her selfemployment income for the last financial year. Her tax return shows her gross income as
being £19,200 for that year. She has a confirmed job offer with the construction firm to start
within 10 weeks of her return to the UK. The annual starting salary for this job is £20,500.
Therefore the applicant’s partner meets the financial requirement using Category A. "

https://assets.publishing.service.gov.u ... _Final.pdf

It appears that overseas earnings from self-employment are acceptable, but it's unclear how you would verify these without a UK registration with HMRC for tax. Perhaps another member will be able to advise.

I still believe your quicker and safer option would be to re-apply and qualify through the funds from your house sale.

[olafcanada]

Thanks for the advice.
We have come to the same conclusion.

We will wait until the funds are in our Canadian bank account from the sale of the house, and then get a statement from the bank confirming the funds, in addition to all the required documentation from solicitors including details of when the house was purchased, 12 months of bank statements, property taxes and ownership documentation.

As we have owned the house for 7 years, and there is no mortgage or loans against the property, from what we understand, we will meet the 62,500 cash savings requirement.

We will this time also include detailed evidence that there is sufficient accommodation for the family at my parents property (annexe) which we failed to include in the previous application.