Author Topic: Checklist? USA > Spouse Visa  (Read 144 times)

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Offline gandalftheking

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Checklist? USA > Spouse Visa
« on: February 14, 2018, 01:14:13 PM »
Hi all,

I'm constantly panicking and need to calm myself re the preparation required for a spouse visa, including all the director/employer stuff (CT600 etc) which I will need.

Is there a fully comprehensive checklist I can use to make sure I am not missing anything?

I think during March (my year end as an employer is end Feb) I want to focus on gathering the accounts info required (and making sure I am including the right amount of statements etc) as employer/employee etc. All that companies house stuff etc.

Is there a check list for JUST that part so that I don't too overwhelmed?

Cheers
P.S. The above info will be based around an end of Feb year end (I have already got agreement from my accountant to fast track accounts)
« Last Edit: February 14, 2018, 01:29:35 PM by gandalftheking »

Online larrabee

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Re: Checklist? USA > Spouse Visa
« Reply #1 on: February 14, 2018, 01:34:05 PM »
Hi all,

I'm constantly panicking and need to calm myself re the preparation required for a spouse visa, including all the director/employer stuff (CT600 etc) which I will need.

Is there a fully comprehensive checklist I can use to make sure I am not missing anything?

I think during March (my year end as an employer is end Feb) I want to focus on gathering the accounts info required (and making sure I am including the right amount of statements etc) as employer/employee etc. All that companies house stuff etc.

Is there a check list for JUST that part so that I don't too overwhelmed?

Cheers
P.S. The above info will be based around an end of Feb year end (I have already got agreement from my accountant to fast track accounts)

The checklist for the self employment categories is here in the official guidance which is the the only thing you should follow because it is so specific.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline gandalftheking

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Re: Checklist? USA > Spouse Visa
« Reply #2 on: February 14, 2018, 02:07:40 PM »
Is all of this distilled into a list anywhere? Sorry to re-ask...

Online larrabee

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Re: Checklist? USA > Spouse Visa
« Reply #3 on: February 14, 2018, 02:10:45 PM »
Is all of this distilled into a list anywhere? Sorry to re-ask...

It’s ok, I know that is what you are after and I’m sorry to come back at you with the official guidance but the self employment categories are so tricky and specialised that the only way to do it is take each point one by one and supply the evidence as it applies to your situation.
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Online larrabee

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Re: Checklist? USA > Spouse Visa
« Reply #4 on: February 14, 2018, 02:12:33 PM »
Is all of this distilled into a list anywhere? Sorry to re-ask...

It might be slightly easier to digest here. Also official guidance.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Quote
.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 full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out); and
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(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), bank statements for the same 12-month period as the tax return(s).
(f) 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 the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
(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.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.
8A. In respect of prospective self-employment in the UK (for an applicant’s partner or parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of Appendix FM, is in self-employment outside the UK at the date of application and is returning to the UK to continue that self-employment), one of the following must be provided, with a starting date within three months of the person’s return to the UK:
(a) An application to the appropriate authority for a licence to trade;
(b) Details of the purchase or rental of business premises;
(c) A signed employment contract or a signed contract for the provision of services; or
(d) A partnership or franchise agreement signed by the relevant parties to the agreement.
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
(b) All of the following must be provided:
(i) 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.
(ii) Evidence of registration with the Registrar of Companies at Companies House.
(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person receives dividends from the company, all of the following documents must also be provided:
(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit.
(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.

Etc!
« Last Edit: February 14, 2018, 02:15:32 PM by larrabee »
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline ksand24

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Re: Checklist? USA > Spouse Visa
« Reply #5 on: February 14, 2018, 02:13:25 PM »
Is all of this distilled into a list anywhere? Sorry to re-ask...

Unfortunately, the only list is in the financial requirements document linked above.

See page 65-66 of Appendix FM 1.7 for the full list of documents needed. These are also repeated in paragraph 9 of Appendix FM-SE, which larrabee has just linked to as well.

It's such a tricky category and the documents are so specific that we refer directly to the guidance, because most of us are unfamiliar with what all the documents actually are.
« Last Edit: February 14, 2018, 02:14:43 PM by ksand24 »

Offline gandalftheking

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Re: Checklist? USA > Spouse Visa
« Reply #6 on: February 14, 2018, 03:14:35 PM »
so when the guidance refers to 12 months of personal bank stmts 'within same period as tax return' (my business tax year is end feb 18), I would need feb 18, jan18, dec 17, nov 17, oct 17, sept 17, aug 17, july 17, jun 17, may 17, apr 17, mar 17 (and feb 17?) statements (both business as well as personal)?

Thanks
p.s. do I need to pick out/highlight relevant payments on the personal statements (re salary), or just leave it to sheffield?
« Last Edit: February 14, 2018, 03:20:49 PM by gandalftheking »

Online KFdancer

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Re: Checklist? USA > Spouse Visa
« Reply #7 on: February 14, 2018, 03:20:33 PM »
so when the guidance refers to 12 months of personal bank stmts 'within same period as tax return' (my business tax year is end feb 18), I would need feb 18, jan18, dec 17, nov 17, oct 17, sept 17, aug 17, july 17, jun 17, may 17, apr 17, mar 17 (and feb 17?) statements (both business as well as personal)?

Thanks

Exactly.

Offline gandalftheking

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Re: Checklist? USA > Spouse Visa
« Reply #8 on: February 14, 2018, 03:21:46 PM »

Offline ksand24

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Re: Checklist? USA > Spouse Visa
« Reply #9 on: February 14, 2018, 03:22:02 PM »
so when the guidance refers to 12 months of personal bank stmts 'within same period as tax return' (my business tax year is end feb 18), I would need feb 18, jan18, dec 17, nov 17, oct 17, sept 17, aug 17, july 17, jun 17, may 17, apr 17, mar 17 (and feb 17?) statements (both business as well as personal)?

Thanks

Yep, you have to cover the entire 365 days of the tax year.

So, if your tax year runs March 1st to Feb 28th, then both your personal and business bank statements must cover the entire year from March 1st 2017 to Feb 28th 2018.

Offline ksand24

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Re: Checklist? USA > Spouse Visa
« Reply #10 on: February 14, 2018, 03:22:48 PM »
Feb 17 statement required ?

Only if the March 2017 statement doesn't cover the beginning of your tax year.

Offline gandalftheking

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Re: Checklist? USA > Spouse Visa
« Reply #11 on: February 14, 2018, 03:30:38 PM »
Yep, you have to cover the entire 365 days of the tax year.

So, if your tax year runs March 1st to Feb 28th, then both your personal and business bank statements must cover the entire year from March 1st 2017 to Feb 28th 2018.

So Feb 17 NOT required going by that. Thanks

Offline gandalftheking

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Re: Checklist? USA > Spouse Visa
« Reply #12 on: February 14, 2018, 03:32:55 PM »
Only if the March 2017 statement doesn't cover the beginning of your tax year.
#

sounds like including it anyway is best, ;-)

Offline ksand24

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Re: Checklist? USA > Spouse Visa
« Reply #13 on: February 14, 2018, 03:40:42 PM »
#

sounds like including it anyway is best, ;-)

It depends on your exact tax year dates and the dates covered by the bank statement - if it doesn't cover any of the tax year, then they won't even look at it.