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.

Decision

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.

 

Legalally has an expert team of Immigration Lawyers who deal with complex Immigration matters. For further advice, and assistance please visit www.legalally.co.uk

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