The Immigration and Asylum Tribunal (IAT) rules in favour of our client

The Case

London- The Immigration and Asylum Tribunal today gave judgement in favour of our client in a complex appeal against the decision of the Home Office to refuse the application for further extension of stay on the basis of family life in the UK as a partner of a person present and settled in the UK.

Legal Issues

The legal issues IAT had to deal with were whether the Income (under guide FM-SE) includes self -employed or employed income and how the employed and self-employed income can be combined to achieve the income threshold of £18,600. Whether SA302 certificate from HRMC and bank statements of the applicant provides sufficient documentary evidence in the absence of wages slips (due to the nature of the self-employment in this instance) and the procedural guidance where an applicant leaves employed job and starts working as a self-employed person in the middle of a financial year.


Gross annual Income from employment can be combined with income from self- employment, non-employment income, pensions and cash savings.

In order to combine income from self-employment with employment, the relevant period of employment relied upon must fall within the same financial year as the self -employment income relied upon.

For the purpose of achieving an income threshold of £18,600, an applicant can rely on his/her and partners employment and self-employment income. However, Gross annual income from self-employment cannot be combined with Cash savings.

The HMRC’s statement of account SA302 is an admissible evidence of income earned in a particular financial year provided the employment income relied upon also falls within the same financial year.


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