Trevor1809

I don't think anybody begrudges migrants coming here I just wish that sometimes we had the same rights.

You do, whether under the EEA freedom of movement regulations or the UK immigration rules.

Clearly we don't have the same rights as an EU citizen could come to the UK with a non EU partner and not earn £18600 pa. A UK citizen earning less than £18600 had no right what so ever to bring a non EU partner to the UK.

Trenton Oldfield also has the right to remain despite serving a prison sentence.

it appears that the main (only?) reason you have for following the Surinder Singh route via Spain is to avoid paying the fees such an application would incur!

Which let's face it aren't insignificant, especially bearing in mind it doesn't stop at the settlement visa, there is the FLR and the ILR stages. Throw in may be a rejection as well then having to go to appeal.

I could certainly have done without the thousands that getting my wife to the UK and keeping her here is costing me. I don't think anybody begrudges migrants coming here I just wish that sometimes we had the same rights.

I thought with Surinder Singh you have to have worked in the EU country. Is that not the case?

I'm not sure what point you are trying to make, to be honest.

The only reference I can find by you to a previous premium appointment was your frustration with the booking system.

If I have missed a post where you say that your wife's application via the premium service was rejected because the staff couldn't be bothered to look at the evidence properly, perhaps you will link to it.

If that didn't happen and you or your solicitor for some reason believe the evidence you supply will be ignored, I think you will both be in for a pleasant surprise.

To be frank; the more you post, the more the words 'mountain' and 'molehill' spring to mind.

As for being 'forced into the self employed bracket.'

Have you and your solicitor actually read the guidance? Either you haven't, or you have not told us the full story here.

Whichever, I'm done.

Except to wonder why, if you have so much confidence in your solicitor, you came to this forum to seek confirmation of what she told you!

Firstly at no point did I say that I did not have confidence in the solicitor only the system. I am not sure what point you are making about being self employed. In the eyes of HMRC I am an employee. Only in the eyes of UKVI am I self employed. I am pondering whether to reduce my fears that I resign my Directorship then I can sponsor as an employee with salary that exceeds the minimum plus dividend income plus the wife's earnings.

I am only trying to open the debate of categorising employees as self employed.

I haven't yet made a premium visa application. I tried to make an appointment on 2 occasions finishing up paying 2 NHS surcharge payments but no appointments were available. Now I had incorrectly assumed that the visa expired 30 months after entering the country which was incorrect. There was in fact another 2 months on the visa validity which given the problems I had back in July when I tried to make an appointment is why I decided to go through a solicitor who should know the ropes better than me. It has been suggested that the reason I couldn't make an appointment is that the appointments are only released 28 days before the visa expires. But that is only a suggestion. I have seen nothing on any UKVI web site that says there is a time limit on booking the appointment. I can't see the problem of booking an appointment a year in advance.

It seems rather dumb to have a premium service than can only be booked less than 28 days before the visa expires. Given that having made a booking anybody would have to pay the visa fee, the premium fee and now it would seem the NHS surcharge that the government would want you booking the appointment as far in advance as possible to get the money in their coffers.

Coming back to the Director earnings. Depending on the date of any application accounts could be up to a year old if you are submitting the most recent audited accounts.

For example my wife's ILR application will be in May 2018. Accounts for April 2017 to March 2018 wont be available until long after the ILR application therefore I will be using April 2016 to March 2017 accounts to support an application in May 2018. So at the time of application over a year old.

7by7 you conveniently ignored the point that I was trying to make. It wasn't that the solicitor was concerned about my earning. Just that being forced into the self employed bracket and making a premium application and the time limitation that the tick box checked with simply put the application in the too difficult tray and reject it. That was the point I was making.

The solicitor had experienced problems with Directors before as I had as well at the settlement visa stage.

Whilst mistakes should not be ignored, my belief is that forums such as this should mainly be concerned with advising people how to prepare an application properly so that they get the right result.

I can't disagree with that however the application form is very confusing when dealing with Directors of limited companies. I certainly hope not to be reporting in a few weeks that my wife's application was turned down for failing to meet earnings requirements.

I can only assume that an Immigration solicitor with many years of experience is talking with some knowledge. She was also concerned that I had intended to include my child tax credit awards, zero for anybody who may think I was receiving CTC however I am legally obliged to notify HMRC of a change of circumstances irrespective of whether my wife has recourse to public funds, the fact is I do. Has anybody had experience of this?

It may be anecdotal but the most posts here that feature problems with visas do seem to be UK visa applications.

The case of Ai Weiwei does not show that decision makers are pressurised into refusing; he was granted his visa but it was limited to three weeks rather than 6 months.

As you well know he applied for a 6 month visa but UKVI only granted a 3 week visa as they said that he had hidden the fact he had a criminal record. That was untrue. It is disingenuous to suggest that UKVI had acted properly when they had engaged in blatant discrimination. I hope that whoever made up that he had a criminal conviction was severely reprimanded. Their job is to deal with facts and evidence and not to make things up or base decisions on their own prejudices.

Yes I agree but finding out how the refund system works is the problem. I don't think they know themselves. I have emailed, my MP has emailed, I have written. I was told to phone the help line and they didn't know what I was talking about. They are hopeless.

I know some people here defend UKVI but as far as I am concerned that are thoroughly discredited organization and a law unto themselves.

Tell me about the complaints procedure. I was trying to make a premium application appointment and finished up having to pay two NHS surcharges only to be told that no appointments available. Can I get the £1000 back, can I hell.

I assume everybody who pays the NHS surcharge and then get their visa application rejected also can't get the NHS surcharge refunded.

Yesterday I heard that my MP is going to be made the Minister in charge of the Syrian refugee crisis so you can see where his focus will be concentrated now. Not that he did anything before he got the job.

I suppose that is the issue. If you have a good immigration officer who doesn't pre judge then every thing will be fine. If in my case Immigration doesn't look beyond the CT600 then who knows.

I don't know what I am looking at half the time so how can an immigration officer be expected to understand it.

In the guidance notes for self employment 9.3.2 it says for those employed as a Director of a specified ltd co in the UK the relevant financial years will be that covered by the Company Tax Return CT600. The CT600 specifies a net trading profit of £22872. The accounts show an operating profit before tax of £20858 and tax on profit (£4574). Profit for the financial year £16284.

So combined I have earnt £45000 after tax on profit or £49,000 before tax on profit. So if they take the CT600 figure although it exceeds £18600 it is not what I have earnt.

It goes on to say in 9.3.6 Income under category F or G can be combined with income from salaried and non salaried employment. So if UKVI look beyond the CT600 and look at the pay slips and P60s then I should be fine. If they stop at the CT 600 then in theory I should be fine. Or If I get somebody who says this is all too difficult then who knows.

My only hope is that I don't get the same person who did the pensioner's wife's FLR and doesn't simply say nothing stacks up, in their view, and rejects the whole application.

Why do you think there is pressure to reject applications?

This http://www.theguardian.com/commentisfree/2015/aug/03/ai-weiwei-visa-system-chinese-artist may be and all the other horror stories I read here and the experience of the settlement visa may be.

Well I maintain I am not self employed. In the eyes of HMRC I am not self employed but this is how the settlement visa was very nearly not allowed.

We exceed the earnings requirement by a long way based on salaried earnings so I could presumably complete section 7.3A income from salaried employment.

I am however Director of my own company and therefore I am forced to answer under 7.3B income from self employment even though HMRC and my accountant say that I am not self employed. 7.3 B option F a says How much did you or your sponsor earn from self employment in the last financial year. Well from self employment, if that means dividends from the company, then it is £16000. ie below the limit but then there is £29000 of salaried employment.

Unfortunately if a get the same tick box checker who makes things up and refuse wei wei's visa then my wife's visa will be refused, she will be deported and I will probably be unable to afford the stonking legal fees that will guarantee the refusal will be overturned at appeal. That will in all probability take over a year.

I have already been stung by UKVI into paying £1000 in NHS surcharges that I can't now get back. I am about to launch a parliamentary ombudsman's complaint to get it back.

I will have to pay it again when the final application goes in as when UKVI wrote to my MP they them selves said that any NHS surcharge payment is limited to that application, their words not nine.

So you can see if I am hesitant. It is all very well living on the fact that you do exceed the earnings requirement until the visa is rejected. Isn't there a thread further down from a pensioner who exceeds the requirement but non the less had his wife's application rejected. The suggestion is that he sent the wrong back up data.

The question is quite explicit, how much did you earn from self employment. If UKVI look at the accounts see a profit of £16000 against my declaration of £44000 then don't look any further then I am screwed.

I sent a post a while ago which seems to have been lost.

I am applying for my wife's FLR visa under 7B option F as a Director of a limited company. Combined salry of £29000 pa. The solicitor I am using was concerned that the profit of the company is only £16000, so the total income is £45000. The solicitor is concerned that the tick box checker will only see the £16000 and not see the payslips and P60s.

Also the solicitor advised against sending my child tax credits awards as evidence of living together as my wife has no recourse to public funds. I pointed out that I am obliged to notify HMRC of a change of circumstances which is what I did when my wife moved to the UK.

I get no CTC anyway as our combined earnings are too great.

Given that I have to notify HMRC of my circumstance can UKVI now use that against me?

Given the problems I had a few weeks back trying to make a premium visa application I am now using an immigration solicitor.

As I am a Director of a limited company the solicitor raise the issue of only having a profit last year of only £16000. As I pointed out the joint income before profit was £29000 so exceeding the minimum level before adding the dividends by a long way.

The solicitor is concerned that the tick box checker will only pay attention to the profit on the accounts and not focus on the P60s and pay slips as I will be applying under 7.3 B option F.

It really bugs me that my wife has to apply under the self employed option when both of us are Directors but exceed the earnings limit salary alone.

Given how the pressure must be on rejecting the application rather than look a little deeper I am expecting the application to be rejected.

Am I worrying unnecessarily?

Section 8 is about the English language requirement.

8.4 asks if body that awarded the test was IELTS SELT or Trinity College London.

It then asks for the SELT unique reference number. Does this only apply to the IELTS SELT certificate. My wife has Trinity College. There is no SELT number on the certificate.

It goes on to ask for the title of the qualification and gives 23 spaces to answer. The next question is level of entry with 23 spaces to answer.

My wife's certificate says :

xxxxxx is awarded

Grade 2

Graded examination in spoken English

Entry level certificate in ESOL international

(Speaking and listening)(Entry 1)

A1 of CEFR

with merit

So what is the title and what is the level of entry?

My wife needs to renew her passport before the FLR application and is questioning changing her name on her passport. She says that it is more time consuming and the passport will then not match her flight booking.

It is very 19th century for a woman to adopt her husband's name but how will UKVI view that when it comes to the FLR application if she retained her maiden name in her passport?

"Actually, she can apply for FLR up to 28 days before the end of that 30 months."

I think that was caused my confusion, I know it was from Aug I could apply but didn't realize it could be left right up until November.

I think that works better as I assume that the FLR is 30 months from date of issue. Based on my initial thoughts that would have put the ILR in March 2018 so the P60 would have been almost a year old. As it is the ILR will now move to April 2018 so I will have an up to date P60 when I apply for the ILR.

Based on my understanding I was convinced that my wife's settlement visa expired 30 months after she arrived in the UK. That would mean applying for the FLR before the 8 Sept.

Only after seeing an Immigration solicitor did the solicitor point out that the visa expires on the 18 Nov. I don't want to risk my wife travelling and not being able to return after the 8 Sept but before the 18 Nov.

Was my assumption wrong?

I even went as far as asking the Immigration officers at Heathrow, they seemed fine with the 18 Nov but as they said they are not UKBA, I didn't realize that and said I should talk to UKBA.

Just about what I expect from the Conservative Government. The application refuses to allow me access unless I pay ANOTHER £500. Complete rip off.

For God's sake who designed this.

For security reasons it wont allow more than 3 attempts in 15 minutes. I was thrown out and had to restart from the beginning. I was pissed that before I could proceed it forces you to pay the NHS surcharge BEFORE allowing you to make the booking. Now it has thrown me back to the start and making me pay another £500.

This is a good money making scheme. There are no appointments and every time you try it costs you £500.

I am trying to book an FLR visa application for 2 months time but its telling me that no appointments are available. Are they serious. Isn't the point of paying a premium so you can chose to short cut the application process.

What is the point if you can't get an appointment?

As for the non return of your documents, originals are only returned if a copy is also provided.

Does this apply to the FLR as well? If I don't provide copies then they will keep my original divorce certificate, my kid's birth certificate, my VAT registration certificate, my P60? You can't get duplicates of these documents so if they keep them then they are not available for other purposes. These people can't even get the application form right, see my post, yet they expect the applicant to be word perfect.

I fail to see the point in H (iii). There is no requirement for planning permission if purely using the home as a business address otherwise anybody who took work home with them would be in breach of planning regs.

I hope this isn't a new rejection criteria to catch out all self employed people.

I hope somebody can answer these questions. The FLR M form is like watching a hour long tv programme on the theory of relativity. I still don't understand it and I have a headache.

I wrote to my MP and have not received an answer. About what I would expect from a Conservative MP.

4.1 Do you and your sponsor have any children together. Answer No

4.2 Do you have any children whose parent is not your sponsor. Answer Yes

4.3 Does your sponsor have any children living in the UK whose parent is not you. Answer yes

I have one son living in the UK from previous marriage and my wife has one son from previous marriage living in Thailand.

4.4 If you answered yes to questions 4.1, 4.2 and/or 4.3 provide details of these children in the table below.

Q "S" If your sponsor is not the other parent of this child provide details of the other parent.

For my wife's son that is clearly her ex husband but I don't get it with respect to my son. They seem to be implying that my wife is one of the parents, "If YOUR sponsor is not the OTHER parent..

If it said, If this child is not your child and your sponsor is one of the parents then provide details of the other parent, then I would get it.

In the case of my son are they asking for details of my ex wife?

The other ambiguity is questions 6.7 to 6.9.

Q 6.7 When did you start living together in a relationship. Answer The date that my wife arrived in the UK.

There are then 3 boxes to provide details of other addresses lived at in the preceding 2 years.

The next question is 6.9, there is no question 6.8.

Q 6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last grant of "limited leave to remain as a partner".

My wife came to the UK on a settlement visa so I assume that Q 6.9 is not relevant or is a settlement visa a limited leave to remain then I answer yes?

It asks yes, go to question 6.16 or no provide details blah blah blah. I have no problems with my wife answering yes to this questions as we have lived together just is the settlement visa limited leave to remain.

It then says applicants who answered yes to question 6.6 and have completed question 6.7, 6.8 and 6.9 proceed to question 6.16.

So is question 6.9 relevant or not in my case and how do I answer question 6,8 as it doesn't exist.

I am concerned that I am handing a reason for rejection to the Immigration Dept on a plate.

The latest form is dated 04/2015 so has anybody completed an FLR M since April?

Has your FLR form got question 6.8 on it? Mine jumps from 6.7 to 6.9 then asks is you answered yes to question 6.8? It was on the older form that I looked at.

I did a draft of this a few months back and I have now revisited this. The form has changed from 11/2014 to 04/2015.

Question 6.8 has vanished, it simply jumps from 6.7 to 6.9.

Q6.9 is ambiguous as it refers to living arrangements since the last limited leave to remain application. My wife has not made a previous limited leave to remain or is the settlement spouse visa a limited leave to remain.

It then goes on to say if you answered yes to Q 6.6 and have completed 6.7, 6.8 and 6.9 proceed to 6.16 but 6.8 doesn't exist and 6.9 is ambiguous.

Given that they are simply looking for reasons to reject the application on technicalities I am very concerned.