Deferred spousal visa application..! PLEASE advise :)

[DanandClavs]

Thanks for reading,

Just received this email..

The initial processing of your visa application has commenced. Having assessed the application, the Entry Clearance Officer has decided that additional supporting documents are required in order that full consideration can be given to the application. You are therefore now being given a limited opportunity to provide the following documentation so the application can be assessed. Please provide the ff. documents from your sponsor:



· 1. Statement of Account (SA300 or SA302);

· 2. Proof of registration with HMRC as self-employed. This evidence must be either an original or a certified copy of the registration documentation issued by HMRC;

· 3. Monthly personal bank statements for period 06/04/2011 - 23/10/11 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.

· 4. Evidence of ongoing self-employment through:

· (i) evidence of payment of Class 2 National Insurance contributions (for self-employed persons); or

· (ii) current Appointment Reports from Companies House (for Directors).

So, you get just 5 days to produce the documents ! I'm currently living in the phils with my wife while we await our decision. All the documents required i will have to order from the Inland revenue / bank but they will take 10 - 15 days to be posted, then i will have someone in uk scan and mail to me.. around 3.5 weeks so no chance of meeting the deadline which by the time i got the email is 4 days!

My questions are : If i don't comply will they just refuse me ? Is proving i'm self employed reason to refuse ? ( I did submit accountant letter and completed tax return form ). Should i email them and ask for extra time/give an explanation/plead for leniency? Should i email back screenshots of my internet banking account to prove my statements for the period ? :Help1:

[Terpe]

.....My questions are : If i don't comply will they just refuse me ? Is proving i'm self employed reason to refuse ? ( I did submit accountant letter and completed tax return form ). Should i email them and ask for extra time/give an explanation/plead for leniency? Should i email back screenshots of my internet banking account to prove my statements for the period ? :Help1:

Firstly let me say that whether or not the application will actually fall for refusal or not
depends on the supporting evidence you can supply. Maybe worth requesting additional time in order to comply.
Worst case scenario is that yes the ECO can refuse to grant the visa.


The application rules for the financial requirement are very clear on these points.

Here's the requirement:-


In respect of self-employment (partnership, sole trader, franchise)

- The amount of tax payable for the last financial year; the amount of tax paid for the last financial year; and the amount of any unpaid tax for the last financial year.

- Latest annual self-assessment tax return to HMRC and Statement of Account (SA300 or SA302). If necessary, the same for the previous financial year if the latest return does not show the necessary level of income, but the average of the last 2 financial years does.

- Proof of registration with HMRC as self-employed. Proof of registration must be original or certified copy of documentation issued by HMRC only.

- Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.

- Where the person holds or held a separate business bank account(s), monthly bank statements for the same 12-month period as the tax return(s).

- Monthly personal bank statements for the same 12-month period as the tax return(s). These statements must show that the income from self-employment has been paid into the person’s account.

- Evidence of ongoing self-employment: for self-employed persons, evidence of payment of Class 2 National Insurance contributions. For Directors, Current Appointment Reports from Companies House.

Additionally One of the following documents must also be submitted:

- Organisation’s latest annual audited accounts with the name of the accountant clearly shown. The accountant must be a member of an accredited accounting body (CIMA, CIPFA, ACCA, ACA, etc).

- Certificate of VAT registration and latest VAT return confirming VAT registration number if turnover in excess of £73,000.

- 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).

- Franchise agreement signed by both parties. This is a mandatory document for any organisation that is a franchise.

Neither the ECO nor the caseworker has any flexibility or discretion in this regard. The specified documentation needs to be submitted.

I perfectly understand that time is of the essence and that is why you must do all you can to get those documents sent asap whilst at the same time request an extension of the period given by explaning you current location etc. At least nothing to lose.

Sorry it may not be what you had hoped to hear, but there's no point in me beating about the bush on this.

Good luck

[DanandClavs]

How much of the first lot of info should you supply ? all ?

What i have supplied is: Copy of online Tax return submitted by accountant, letter from accountant confirming earnings ect ( dont think the accountant is accreditted though ) 1 years bank statements from personal and business account ( 3 months of personal statements were missing so i supplied screenshots of internet banking ) HMRC Letters ( 1 stating UTR number 1 stating i am owed tax from previous year )

I have a major problem with the National Insurance as i have not been paying it. I have contacted the inland revenue numerous times but never had a bill from them.

On the additional documents of which you should supply one. I have not submitted any but they still haven't requested any thankfully.

The worst thing is that there is over 35k in my accounts so i could of just used savings to prove the maintenance requirement..

So, based on what i have provided, you think its a fail ? I will request more time. Also, where did you find this info Terpe? i researched the hell out of this thing before i submitted it and never came across that info.

[Terpe]

....So, based on what i have provided, you think its a fail ? I will request more time. Also, where did you find this info Terpe? i researched the hell out of this thing before i submitted it and never came across that info.

To minimise all risks of refusal it's important to be compliant with the requirements by submitting the evidence/documentation.
If you do not supply the requested documents/evidence, then the application will fall for refusal. That's why it's so important to respond immediately requesting an extension of time.

Follow this link to the UKBA webpage for Financial requirement (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial)

The Annex FM 1.7 - Financial Requirement can be found on the right hand side of the webpage under Related Documents.

[DanandClavs]

Hi Terpe,

Thanks for your reply. I have replied to their email including all the information i can include. i have also asked for an extension on the allowed time and explained my situation. Its going to be a costly mistake if they refuse it on these items !

Just want to say a big thank you to you for your replies, this is a great forum and your help is very much appreciated. I will keep you updated on what happens next.

The waiting kills me !

[Terpe]

Good luck to you both.
I do hope they will allow you more time to submit those documents .

[DanandClavs]

Hi Terpe,

So, we requested the extension, sent all documents we had that could be possibly relevant and explained our reasons why we needed the extension and how long it would take us to supply the documents. We could have had all requested documents within an additional 10 days. They didn't really answer any of our questions or requests and just replied with....

This is an acknowledgment of your 5 emails and attachments. These will be attached to the application for the processing of the Entry Clearance Officer

Today we have received another email from them which reads...

Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub

Does this mean we have the visa ? or just that they are returning the application ?

We requested that the visa is sent back to my wife's address in Leyte. Any idea how long it usually takes to receive ?

Thanks in advance Terpe :)

[Terpe]

.........Today we have received another email from them which reads...

Your visa will be despatched shortly. .....

Does this mean we have the visa ? or just that they are returning the application ?

We requested that the visa is sent back to my wife's address in Leyte. Any idea how long it usually takes to receive ?

Thanks in advance Terpe :)

Messages from the UKBA Manila hub that are worded in that way usually mean exactly that. "your visa will be despatched".

So I would say celebrations are in order. :Wine:
Many congratulations. :Jump::Jump:

To 100% certain of course you would need to hold the passport in your hand and see the visa with your eyes.

Well done. :appl:

[DanandClavs]

Oh my god...! You sound pretty certain Terpe..!

I hope your right but i can't celebrate yet, not till its there in front of me.. I am flying my wife from Boracay back to Leyte tomorrow to wait for the delivery. We should have an answer by Wednesday latest next week so i will be certain to let you know..

[Terpe]

Oh my god...! You sound pretty certain Terpe..!

I hope your right but i can't celebrate yet, not till its there in front of me.. I am flying my wife from Boracay back to Leyte tomorrow to wait for the delivery. We should have an answer by Wednesday latest next week so i will be certain to let you know..

Lot's of members here will also confirm that.
The reason I mentioned about holding the passport to 100% certain is that it's an automated mail message and there is a very small chance that someone pressed the wrong button :rolleyes: But I doubt that.

I've not known that message your visa will be despatched to mean anything other than the visa is on it's way. :xxgrinning--00xx3:

Enjoy the celebration together

[DanandClavs]

Crikey.... Yipppppeeeeeeeeee...! :Hellooo: :hubbahubba: :laugher:

What a relief, i was beginning to think it was gonna fail for sure. Even putting together my plans for appeal ect.

I will wait for the passport to be delivered to be one hundred percent sure and if all is OK i will share my story on a new post and upload my index of supporting documents ect for others to reference.

Thank you again Terpe. I can see from the forum here that you sharing your knowledge here really helps a lot of people. People who really need it and i'm sure appreciate it massively as i do. :xxgrinning--00xx3:

[bigmarco]

Congratulations :Jump::Jump:

[andy222]

Yes well done another success.:xxgrinning--00xx3:

[DanandClavs]

Thank you both BigMarco and Andy :) Lets just hope its not a cock up from someone pushing the wrong button huh :)