HELP! Visa on hold. What to do?

[sherie]

Hello everyone! I submitted my documents on February 20, 2014 for spouse visa and today I received this email,



DEFERRED APPLICATION: MNL

Dear Ms

Your application for entry clearance / leave to remain under Appendix FM 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 and / or the related evidential requirements under Appendix FM-SE.

You will need to provide evidence of the sponsor’s self-employment income as per his tax return for 2013-2014 to show his earnings in the twelve months prior to the date of application. The current evidence provided does not meet the requirements as set out under Appendix FM-SE. The guidance is detailed below:

7. 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 full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302).
(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, such accounts for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year 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 VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
(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.

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 by 03 June 2014, you submit any further information or document(s), it must relate directly to the reasons given above why you do not meet the income threshold requirement. It must also relate only 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. 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.

You may send the information/ documents through any of the following methods:

(a) EMAIL - scanned original documents to Manila.Deferrals@fco.gov.uk
Please quote the subject heading of your email - DEFERRED APPLICATION: MNL/. Documents exceeding 10 pages must be sent either in person or post / courier ONLY.

(b) IN PERSON - at the Visa Application Centre (VAC)

(c) FAX - to 00632 858 2305.
Please ensure that you quote your online application number on the top left hand corner of the documents. Documents exceeding 10 pages must be sent either in person or post / courier ONLY.

(d) POST / COURIER - addressed to UK Visas and Immigration: MNL/, British Embassy Manila, 120 Upper McKinley Road, McKinley Hill, Taguig City, Philippines 1634

You can withdraw your application at any time and any documents submitted with it will be returned to you. If you withdraw your application, you will not be refunded the application fee.

If you wish for your passport to be returned to you while your application remains on hold, you may send a request to Manila.Deferrals@fco.gov.uk . Please quote the subject heading of your email – BORROW PASSPORT: MNL/.


Yours sincerely


G Medina
Entry Clearance Assistant
Deferrals Team, Manila Visa Hub
UK Visas and Immigration

Home Office
British Embassy Manila
T: +63 (0) 2 858 2200
F: +63 (0) 2 858 2305
www.ukba.homeoffice.gov.uk



My husband is now employed (since November 2013 up to present) we used combine categories Category A - income from Salaried Employment and Category F - income from Self Employment. I don't know what evidences they are asking for, do I need to provide all of them or his tax return from 2013-2014 will be enough evidence? I want to withdraw my application because I know it will take ages. Should I re-apply and submit my husband's documents/evidences from salaried employment, in that case we wont need to include his past self employment on the new application. Also, if ever I re-apply do I need to take another English Test? I took my english test on November 15, 2013 at TOEIC.


-Thanks!

[bigmac]

Well--as you know--if you withdraw you will lose your money.

If you wait for the court appeal it will take forever--and you will still fail if you don't supply the evidence listed.

So--just supply all the evidence they have asked for--if it exists--you have nothing to lose.

[sherie]

Sir bigmac I can only provide his 2013-2014 tax return as evidence that we meet the income threshold requirement. Will that be enough?

[sweetlove]

Hello Sherie..... two of my friend before, their visa was put hold and they were given 10 days to submit some of the papers that the UKBA asked from them, then after few days they were given a visa ...

[sherie]

Hello Sherie..... two of my friends before, their visa was put hold and they were given 10 days to submit some of the papers that the UKBA asked from them, then after few days they were given a visa ...

Hi Sweetlove, did they submit original or scanned documents? My documents has exceeded 10 pages so I'm going to submit scanned via courier as I don't have much time to wait for the original docs.

[sweetlove]

Hi sweetlove, did they submit original or scanned documents? My documents has exceeded 10 pages so I'm going to submit scanned via courier as I don't have much time to wait for the original docs.

They only scanned it and emailed it to them... then after few days UKBA issued them a visa ...

[Michael Parnham]

Well--as you know--if you withdraw you will lose your money.

If you wait for the court appeal it will take forever--and you will still fail if you don't supply the evidence listed.

So--just supply all the evidence they have asked for--if it exists--you have nothing to lose.

Good advice!

[KeithD]

Scan them, then send ten to the UKBA, but state that originals will be supplied on request.

[bigmac]

Sir bigmac I can only provide his 2013-2014 tax return as evidence that we meet the income threshold requirement. Will that be enough?

No--it won't---read the wording of the UKBA reply to you:

7 lists the documents needed for a self employed sponsor:- ALL must be supplied.

As I said above--at this stage you have nothing to lose if you don't submit them all. I know, I've been self employed in the past--as a commission -only salesman--and I never had all those items.

Or--lose the application fee--and try again with your partner being employed--with the correct documents this time round.

[sherie]

No--it won't---read the wording of the UKBA reply to you:

7 lists the documents needed for a self employed sponsor:- ALL must be supplied.

As I said above--at this stage you have nothing to lose if you don't submit them all. I know, I've been self employed in the past--as a commission -only salesman--and I never had all those items.

Or--lose the application fee--and try again with your partner being employed--with the correct documents this time round.

These are the only documents we have (Tax return, HMRC Letters with UTR number) but I'll still submit them. If they refuse, I'll start another application with my husband's employed documents. Thanks for the advice.

[KeithD]

Always try and supply MORE than what they ask for. It gives them less reason to come back to you for more information.