Вот письмо из Варшавы: (кто знает что делать в данном случае буду оч. признательна)
Dear applicant,
Your application for entry clearance under paragraph EC-P.1.1 of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. Your sponsor is required to demonstrate that he has an income before tax of at least £22,400. You indicate that he is self-employed and that his income for the last financial year was £23.500
Your sponsor is self employed and Appendix FM-SE of the Immigration Rules sets out the documentation required for evidence of self employment. However, you have not provided the specified documents. I have copied the requirements below for your information. These documents are specified in Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application in accordance with paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1).
7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.
( The latest:
(i) Annual self-assessment tax return to HMRC;
(ii) Statement of Account (SA300 or SA302); and,
(iii) The same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.
© Proof of registration with HMRC as self-employed. This evidence must be either an original or a certified copy of the registration documentation issued by HMRC.
(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
(e) Where the person holds or held a separate business bank account(s), monthly bank statements for the same 12-month period as the tax return(s).
(f) Monthly personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through:
(i) Evidence of payment of Class 2 National Insurance contributions (for self-employed persons); or,
(ii) Current Appointment Reports from Companies House (for Directors).
(h) One of the following documents must also be submitted:
(i) The organisation's latest annual audited accounts with:
(1) The name of the accountant clearly shown; and,
(2) The accountant must be a member of an accredited accounting body specified in paragraph 19 (g) (ii) of Appendix A of these rules;
(ii) A certificate of VAT registration and the latest VAT return confirming the VAT registration number, if turnover is in excess of £73,000;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) a franchise agreement signed by both parties.
The document referred to in paragraph 7(h) (iv) must be provided if the organisation is a franchise.
The banking documentation does not conform to the requirements above but rather shows an uncharacteristic injection of funds on 08/02/2013, following a long period of the account being overdrawn. Given that the source of these funds is unclear and that the payments are not in character with others to that account I have reasonable grounds to doubt that the account is indeed an accurate reflection of your sponsor's current financial circumstances.
A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State's appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website. Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least. We will not respond to general enquiries on this matter or give your case further consideration until the outcome of the legal challenge is known.
In the meantime, if you submit any further information or document(s) relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date, this will be considered. If, on the basis of this further information or document(s), your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.
You can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (e.g. in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.
If you wish your passport to be returned to you while your application remains on hold, please contact this office on the email address listed below quoting your name, date of birth, nationality, passport number and reference number which is Warsaw/130838.
Entry Clearance Officer
UK Visas & Immigration | Home Office | Central and Eastern Europe
British Embassy Warsaw
ul. Kawalerii 12
00-468
