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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife from April 16 2014 put in an application for a UK visa

Customer Question

My wife from April 16 2014 put in an application for a UK visa LTR and she is from Colombia she has a student tier 4 visa and has been residing in UK since september 2012.
The application required her to identify my income as being more than £18600.This was done and it included my state pension of £9800 and my Taxable earnings (copy of 2013-2014 income tax declaration sent ) from Hosting international students in my home of £14000 approx.
Today we received a response saying that part of my income from hosting international students in my home was not alowed "income from a renting rooms in the main residence cannot be counted" ,therefore I do not meet the financial requirements without this income ?? I am a tax payer and have declared this as taxable income infact it may be more next year ......I have a website and deal with various Universities and colleges .
Cant believe this to be correct please advise as I cant find this rule anywhere
many thanks ***** ***********
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.

If you view the financial requirement using the immigration instruction doctrine, which is basically the guidance which the immigration officers use when deciding a visa application, at page 37 it states the following:

6.2. Property rental – further guidance

6.2.1. Appendix FM-SE specifies further requirements for property rental income:

20(c) Any rental income from property, in the UK or overseas, must be from a property that is:

(i) owned by the person;

(ii) not their main residence and will not be so if the application is granted, except in the circumstances specified in paragraph 20(e); and

(iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted.

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

(d) Equity in a property cannot be used to meet the financial requirement.

(e) Where the applicant and their partner are resident outside the UK at the date of application, rental income from a property in the UK that will become their main residence if the application is granted may only be counted under paragraph 13(c)(i) and paragraph 13(d)(ii).

Please see the following link for further information:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf

In this case as you are already residing in the property in which you are obtaining income from, as per the guidance, you are unable to use this towards income which meets the financial requirements.

Although the amount received is income and is taxable, all forms of income are not accepted by the Home Office. That is why if you believe that the refusal is unfair , you should then either appeal the decision or write a letter of reconsideration outlining why you believe that the decision is incorrect. In my opinion I do not believe you have a high chance of success, and it would better to reapply providing evidence of you meeting the financial requirement.

The letter of reconsideration should be sent to the same person named at the end of the refusal letter and to the same address stated on the letter.

Unfortunately although harsh the fact is that as per the guidance you are not able to count income, from your main residence to meet the financial requirement.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regard
Expert:  UK_Lawyer replied 2 years ago.
Is there anything further I can assist you with? if not kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.

Uk Lawyer,Thank you for your message received Sunday 05.00am


I think there is a misunderstanding that I did not make clear in my Visa application to UK boarder agency .....perhaps you can advise me of your opinion with the position as it actually is.


In the area of the plot of land 272 shadwell lane are my 2 Houses separated by the drive .The main house is semi detached and faces the main road ....There are 4 bedrooms 2 bathrooms and toilet and shower facilities I do NOT live in this house as it is being occupied by approximately on average Three students over a 12 month period .


I live with my wife in what is called the Coach House as it was many years ago used for stables and later converted as a granny flat to accommodate only my immediate family but NOT for the use of paying guests ! this has been confirmed by the Council.there are 3 bedrooms and 3 bathrooms toilet and shower


In this instance would this constitute reasonable and sufficient evidence for an appeal.My friend who is a Judge suggested this to me fully aware of my living accommodation and the purpose of its usage and that it should be reconsidered ......What would you recommend please I can show evidence of the total detachment of the two homes on the land in both photographic and planned evidence.


please let me have your advice as soon as possible


many thanks


Lloyd Rakusenthe two detached homes on my land

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

I do believe that there is a chance that the home office might reconsider their decision but as you stated I believe that this should have been made clear to the home office via the use of photographs, plans and a letter from the council to confirm that they are indeed two separate properties and not one.

The fact is that if the address is the same then the home office would be of the opinion that this is one property. I believe that if you provide evidence of an assured short hold tenancy being granted to the students, along with separate council tax letters confirming that they are seen as two different properties by the council then you have a good chance at appeal.

Taking into account what you have stated , I believe that the refusal is definitely an appealable decision.

I hope this clarifies the matter.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

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