Settlement Visa refusal, seeking advice.

[ilovepayingukvisafees]

Your application for entry clearance under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused because you do not meet the income threshold requirement under Appendix FM and the related evidential requirements under Appendix FM-SE as listed below.

Your sponsor states that he meets the maintenance threshold through his salaried employment with XXXXXX Limited. However as this is a company with less than five directors, your application must be considered as your sponsor being the director of a limited company fitting into category F or G. As his company has not been in operation for a full financial year, this income cannot be used. Your sponsor may choose to rely upon another source of income e.g. savings/rental income etc and if so he may submit this evidence in support of your application.

Does anyone know if redundancy payment count as eligible income?

Tried calling the UKBA in UK but of course, similar to Thailand, there is no one who you can speak to.

Massively upset right now.

[7by7]

Any cash savings you and/or your partner have which have been in your possession for at least the 6 months prior to the application and are above £16,000 can be used to reduce the required income. If above £62,500 the required income reduces to zero.

I can't see why a redundancy payment cant be used, provided it meets the above.

For more details on how to meet the financial requirement, see Annex FM Section FM 1.7: Financial Requirement.

For details of the evidence required, see Appendix FM-SE - Family members - specified evidence.

Having said that, I don't fully understand them saying

However as this is a company with less than five directors, your application must be considered as your sponsor being the director of a limited company fitting into category F or G.

Until recently I was employed by a company with just one director; in fact there was just me and him! I wasn't a director, I was an employee paid a wage and paid my tax etc. through PAYE.

Although drawing a salary, are you also a director of the company?

[ThaiPhil]

Reading the opening post has sent a massive chill down my spine because I'm worried the circumstances behind the refusal may apply in my case as well.

I'm applying for a settlement visa for my wife soon. I'm meeting the financial requirements by having earned over 18,600 for the past 12 months and having a job offer in the UK (for over 18600). The job offer is from a small company that has been operating for between 18-24 months. As far as I know they only have 2 directors, and there's a chance they may only have one. Under those circumstances how will the Embassy verify my future income will meet the requirements? Would they treat me as a director, even though I'd only be a salaried PAYE employee?

Another concern is if they ask to see the company's accounts. Although it's been operating for a while, they only have limited turnover, and their accounts probably won't show much profit. That's precisely why they're hiring me - to help the business develop. The immigration dept. can't accurately gauge the impact a new employee will have on turnover / profit, so presumably they'll accept the job offer in good faith, even if last years accounts don't look particularly healthy.

The reason why this has me so worried is that I've already resigned from my previous job and the company I work for have lined up a replacement. I will be heartbroken if I've resigned and can't go back to the UK.

To the OP - I'm really sorry to hear about your refusal. I hope you can find suitable grounds for an appeal.

[ilovepayingukvisafees]

Thanks for your replies here. Just submitted earnings in the past 12 months which are over £18,600 (prior to what they call self employment) and quick as a flash this has been rejected as well, because I am now "self employed". I can't even begin to explain how sick I feel right now.

ThaiPhil, looking at below, I would have thought you would be ok.

Letter is as follows:

The ECO has seen the documents you refer to you in your recent email. I would ask you again to check the rules which relate to the financial maintenance requirements for settlement applications. Your husband is self employed, and his company must have been in operation for at least one year at the time of the application for him to be able to rely upon this as evidenced income. Because it has not, you must decide if you can meet these requirements in another way e.g. savings and submit that evidence if you wish it to be considered. If you choose this option, then we would ask that any required evidence is submitted altogether.

Your husband cannot rely upon the fact that he has been employed in the twelve months preceding the application – he is only asked to evidence this if he has been with his current employers for less than six months – but this does not apply as he is self employed. Alternatively, you can withdraw your application at any time (and any document/s submitted with it will be returned to you) and make a fresh application and pay the relevant application fee. You may wish to consider doing so if, for example, 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.

I specifically explained my circumstances to more than one advisor in the UK office and was told that I would qualify under this route.