How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a british citizen. I married a jordanian lady last April.

Customer Question

I am a british citizen. I married a jordanian lady last April. Our application for residency visa was refused on financial grounds. I'm sure she has the right to live here?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Can you please expand on the specific reasons why they considered that you did not meet the financial criteria?
Kind regards,
Tom
Customer: replied 2 years ago.
There was no specific reason stated, just a code which, upon checking on internet, was with regards ***** ***** financial standing here in uk. I am a director of my own catering company which turns over around £70-80k a year. We both invested a lot of money into start up in Feb of this year. She has also been offered work here for salaries up to 70k a year. We don't understand the reasoning.
Expert:  Thomas replied 2 years ago.
Hi,
There is quite a restrictive financial requirement in order to obtain a spouse visa.
If you are self-employer as a director of the company, how many full financial years information did you submit and what level of income did it show?
Note, this is your personal income as a director and NOT the turnover/profit of the company itself..
Kind regards,
Tom
Customer: replied 2 years ago.
I never have taken a salary. If I need money, I use it. Personally, I think the Home office is just covering it's backside as they have been under heavy scrutiny the past few months. Her father, is General of the police in Amman as well as being personal envoy to the King of Jordan and his daughter, Princess Heya who is based 5 miles from me here. History states we created Jordan as a country and yet the percentage rate of refusal is very high. English law also states, she has the right to live here with her husband. The home office accepted it's a real marriage and she qualifies to be here as she was educated to high degree obtaining a masters degree and high level of spoken English. Both her brothers are lawyers for the United Nations. One based in Bahrain, the other in Geneva.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for the further information.
The Home Office judge any application according to whether or not it meets the eligibility criteria for the application under the immigration rules.
There is very strict financial criteria to meet in order to be eligible. It is contained here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
Can you tell me how you take the money from the company if you don't take it as salary? Do you take it as dividends?
Kind regards,
Tom
Customer: replied 2 years ago.
I just use it as I wish. I get receipts for everything and the account puts it as personal drawings. It's indirectly a wage of some sort.
Expert:  Thomas replied 2 years ago.
Hi,
Okay.
Is your business a limited company or a partnership?
What financial evidence did you supply with the application?
Kind regards,
Tom
Customer: replied 2 years ago.
It's a limited company and we supplied all bank statements both personal and business to show our collateral
Expert:  Thomas replied 2 years ago.
Hi,
Thanks very much.
Drafting your answer now. 10 mins please.
It's probably not going to be the answer that you wished for though, unfortunately.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Whilst from the detail that you have provided throughout the course of our conversation I am certain that there is no possibility that your wife would be a financial burden on the state, the home office have to judge each application according to the financial criteria in place. They have no discretion at all on this.
Guidance on the financial criteria is here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
If you are a director of a limited company and you have been withdrawing money from the company (other than as a shareholder taking dividends) then section 9 of the guidance would apply to you.
This means that you have to show that your income from your employment as a director (ie your wage or salary) is above the threshold level of £18600 per annum. It is you’re your income from employment as a director that will be considered, not turnover of the company or profit of the company.
They way that you show this is by submitting details of your income for the last full financial year or (if the last full financial year is below that level) the last two full financial years to show that the average yearly income is above £18600 per annum.
Assuming that you do earn above this amount, then the problem that the home office will have with your application is likely to be evidential, which is to say that the supporting financial documents that you have submitted are not sufficient to clearly show the income above the threshold level.
Examples of the documents normally submitted would be as follows (but there are frequently others too) :-
1. Personal Bank statements
2. P60
3. Statement of terms of employment
4. annual self-assessment tax return to HMRC (
5. Proof of registration with HMRC as self-employed
6. A Unique Tax Reference Number (UTR) for you and/or the UTR of the partnership or business
7. audited accounts
8. certificate of VAT registration
9. Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
10. Evidence of registration with the Registrar of Companies at Companies House.
11. If the company is required to produce annual audited accounts, such accounts for the last full financial year.
12. Corporate/business bank statements covering the same 12-month period as
the Company Tax Return CT600.
13. A current Appointment Report from Companies House.
What you have to do now depends on the evidence that you have submitted already. If the evidence is strong then you might consider appealing the decision, if there is not a lot of documentary evidence then it will be quicker and easier to simply apply again correcting the mistakes.
You really need to have a consultation with a local solicitor taking with:-
1. your rejection letter
2. copies of all the supporting documents that you submitted
3. details of whether the money that you take out of the company is taken as wages OR dividends
..and ask them whether they consider the evidence that you have submitted is good enough for an appeal, or if it would be quicker to apply again.
Basically, I suspect they may say that it will be quicker to submit a new application.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
If she has a multi entry visa, can she still visit here although her application was turned down?
Expert:  Thomas replied 2 years ago.
Hi

When does the multi entry visa expire please?

Kind regards

Tom
Customer: replied 2 years ago.
It expires September this year.
Expert:  Thomas replied 2 years ago.
Hi,

The difficulty is that they know that you have applied for a spouse visa.

This means that they are aware that the ultimate long-term intention is for her to move permanently to the UK. So, although the multi entry visa will not be cancelled it does mean that they may possibly reject any attempted entrance to the UK if they consider/suspect that it is actually for the purposes of gaining entry permanently to the UK.

Tom
Customer: replied 2 years ago.
How can we prove that it's just for a 3 week holiday?
Expert:  Thomas replied 2 years ago.
Hi,

Even if you were to show return flights, hotel tickets and evidence of obligations back in her home country, you could still not guarantee her entry to the UK. It's inevitable that there would be some questioning, in the best case scenario..

Tom
Customer: replied 2 years ago.
I think it sucks that she can be denied seeing her husband whilst holding an entry visa. What do you suggest?
Expert:  Thomas replied 2 years ago.
Hi,

Yes, it's a horrible situation to be in but the immigration officers are charged with attempting to ensure that the immigration rules are breach and, though it's unfortunate, there are quite a few desperate couples who seek entry in this way.

If you are prepared for her to be refused entry then you can still try.

If you are not prepared then you should see a UK solicitor immediately in the way I have mentioned above

Tom
Customer: replied 2 years ago.
What about a family visa?
Expert:  Thomas replied 2 years ago.
Hi,

If you were to apply for a new family visa, disclosing the failed spouse visa application and this was granted to you then you would probably be okay.

Obviously, though the application and visit would further delay the spouse visa appeal or application, which I assume is still the ultimate objective.

Tom
Customer: replied 2 years ago.
So it's a no-win situation then.
Expert:  Thomas replied 2 years ago.
Hi,

If your ultimate aim is to get her here on a spouse visa as quickly as possible then I would see a UK solicitor about reviewing the errors in your rejected application and submitting a new application as soon as possible.

Tom

Related Immigration Law Questions