Spouse VISA refused

[Terpe]

I'm really sorry to learn of the visa refusal.

I know it doesn't help you now, but as Marco has said the way to handle the financial requirement is very clear and for your specific case there are some simple rules to follow.
The ECO must follow the rules and has no discretion at all.
You should have taken time to read the UKBA Financial Requirement for Directors of a Limited, or at least shown them to your accountant.
You could have used income from the last full financial year to meet the financial requirement. (Category F)
or
You could have used income based on an average of the income received in the last 2 full financial years to meet the financial requirement. (Category G)

Income from employment as a director of a limited company and dividends from this company (where the person is a director of that company), will be counted as income under Category F or Category G.

....In my opinion, the income threshold is unjust in the sense that even people who are able to prove they earn minimum or above. This does not gurantee that they will not take public funds for example in a situation where 2 months after his spouse arrives in UK he lost his job and what happens they start taking housing benefits and job seekers allowance.

Yes, it's a theme that's been talked about even before the new rules came into being.
Unfortunately some benefits are actually framed within legal requirements and cannot be totally excluded.
The restrictions on claiming Public Funds only apply to the visa holder. A UK citizen is fully entitled to (and allowed to) claim any public funds they are eligible to do without any impact on the immigration status of the restricted spouse.
Housing benefit and child benefit etc are allowable. If the UK citizen would lose their job they would remain eligible for all those benefits.
The major challenge would be meeting the UKBA Financial Requirement at the time for FLR(M) application 30 months down the line. Hopefully between the sponsor and spouse they could find a way to pool their incomes together to meet the income threshold.

..If I were you, I would go with the surinder singh route straight away or soon as you can as you could be waiting for ages before UKBA release the pause on the financial requirement

Yes, the so called EEA route (Surinder Singh) DOES offer an alternative and may be attractive for many folks who cannot reach the current income thresholds.

I would also advise people in the right circumstance to consider that.
But it does require planning. The challenges are not without pitfalls.

If you're seriously considering that route you would be well advised to do your research.
The BBC report does tend to gloss over some of the challenges and make it seem too easy. Not many folks get granted a UK Family Permit after just 3 months. The vast majority will have spent around 6 months exercising their treaty rights, although I personally know of a case where only 2 months resulted in a Family Permit.

Remember you'll need to be employed or self-employed in the EU member state of your choice.
Don't underestimate the unemployment levels within many EU member countries and the potential barriers if you would struggle with language and communication.
Do be sure that your income is sourced within that state and that you make all legal contributions and taxes etc
Do be aware that generally UKBA are not willing to approve an application from a family member of a British citizen if the British citizen was not properly and legally employed or self-employed in the other EEA state.
EU Member states may not accept employment which is considered marginal or transient (generally being 8-10 hours per week with income below the local social security level)
I've not personally heard of it being applicable to anyone, but just a heads-up to check if it applies in your choice of EU state.

On a more positive note, the Regulations do not set out particular professions which are considered acceptable for this purpose,
nor do they prescribe a particular amount of time which must be spent as a qualified person in another EEA state in order to engage Regulation 9.
Applications for confirmation of a right to reside on the basis of the Regulations will be considered on a case by case basis on the information and evidence presented.

Here's some links you should review. Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

The Immigration (European Economic Area) Regulations

Free movement for EU citizens and their non-EU family members

Freedom to move and live in Europe

UKBA webpage How to apply for an EEA family permit

[blackcat22]

I'm really sorry to learn of the visa refusal.

I know it doesn't help you now, but as Marco has said the way to handle the financial requirement is very clear and for your specific case there are some simple rules to follow.
The ECO must follow the rules and has no discretion at all.
You should have taken time to read the UKBA Financial Requirement for Directors of a Limited, or at least shown them to your accountant.
You could have used income from the last full financial year to meet the financial requirement. (Category F)
or
You could have used income based on an average of the income received in the last 2 full financial years to meet the financial requirement. (Category G)

Income from employment as a director of a limited company and dividends from this company (where the person is a director of that company), will be counted as income under Category F or Category G.



Yes, it's a theme that's been talked about even before the new rules came into being.
Unfortunately some benefits are actually framed within legal requirements and cannot be totally excluded.
The restrictions on claiming Public Funds only apply to the visa holder. A UK citizen is fully entitled to (and allowed to) claim any public funds they are eligible to do without any impact on the immigration status of the restricted spouse.
Housing benefit and child benefit etc are allowable. If the UK citizen would lose their job they would remain eligible for all those benefits.
The major challenge would be meeting the UKBA Financial Requirement at the time for FLR(M) application 30 months down the line. Hopefully between the sponsor and spouse they could find a way to pool their incomes together to meet the income threshold.



Yes, the so called EEA route (Surinder Singh) DOES offer an alternative and may be attractive for many folks who cannot reach the current income thresholds.

I would also advise people in the right circumstance to consider that.
But it does require planning. The challenges are not without pitfalls.

If you're seriously considering that route you would be well advised to do your research.
The BBC report does tend to gloss over some of the challenges and make it seem too easy. Not many folks get granted a UK Family Permit after just 3 months. The vast majority will have spent around 6 months exercising their treaty rights, although I personally know of a case where only 2 months resulted in a Family Permit.

Remember you'll need to be employed or self-employed in the EU member state of your choice.
Don't underestimate the unemployment levels within many EU member countries and the potential barriers if you would struggle with language and communication.
Do be sure that your income is sourced within that state and that you make all legal contributions and taxes etc
Do be aware that generally UKBA are not willing to approve an application from a family member of a British citizen if the British citizen was not properly and legally employed or self-employed in the other EEA state.
EU Member states may not accept employment which is considered marginal or transient (generally being 8-10 hours per week with income below the local social security level)
I've not personally heard of it being applicable to anyone, but just a heads-up to check if it applies in your choice of EU state.

On a more positive note, the Regulations do not set out particular professions which are considered acceptable for this purpose,
nor do they prescribe a particular amount of time which must be spent as a qualified person in another EEA state in order to engage Regulation 9.
Applications for confirmation of a right to reside on the basis of the Regulations will be considered on a case by case basis on the information and evidence presented.

Here's some links you should review. Happy reading

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

The Immigration (European Economic Area) Regulations

Free movement for EU citizens and their non-EU family members

Freedom to move and live in Europe

UKBA webpage How to apply for an EEA family permit

Thanks Terpe for a very informative reply. I suppose if I had known in advance I could have jack up my monthly salary in the run up to the VISA application. I was thinking then that ECO seeing divi payments and the actual credit reference in bank accounts clearly says "directors divident payments" coming in quaterly at sometimes 10k blocks to top up the salary should be sufficient prove.

Anyway, My wife got letter that she will get date of appeal sometimes after november 11th 2013. after nearly 5 months, she will get appeal date which will then again be 5 or 6 months from november.

So in the run up to appeal date, should I jack up my pay right now or should I still go with just paying myself divident as normal and just show this at appeal and could ask my account for divi vouchers to take to appeal. I'll rather not jack up my pay as I'll be liable to pay more tax.

while we are waiting for appeal, I want to explore the option of EEA family permit in parallel so I don't put my eggs in one basket.
My wife already have an aunty living in Switzerland so Zurich will be ideal choice for her if I want to take the EEA family permit route. But i'm not sure Switzerland is part of the deal to go and exercise treaty rights as Switzerland is not part of EU or EEA but I've read in forum some folks saying they gone to switzerland for this purpose. Can anyone clarify the position with going to Switzerland to exercise treaty rights?

PLEASE NOTE: If I had to go to europe to exercise my treaty rights to get my wife EEA family permit I'd be open to offers of any legal jobs even if it's office cleaning jobs, Mcdonalds or starBucks coffee shops etc.. paying very little as long as it's legit and plug into the EU state tax system. I really won't need the pay from these low paid job to sustain myself and main reason taking this type of job on will be to accelerate chance of finding job very quickly when I arrive at th EU country and after months 3+ head back to UK with my wife.

thnaks a lot