Hello
Guest

Sponsored Links


Topic: FLR(M) Spouse Visa - Confusion (Category F) Director of a Limited Company  (Read 3028 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 4

  • Liked: 0
  • Joined: Jan 2019
Hi.

I am new to the forum and have read a lot of posts here that helped me apply for my visa initially. I am now going to apply for my spouse visa extension (FLRM) and have a few questions in this regard based on my current circumstances, i hope someone will be able to assist me on this. Thanks

I am planning to apply as a director of a limited company under Category (F).

Since i need the last full financial year this would be 01/04/2018 till 31/03/2019.

There is a question on the online form which reads
"What was the income (in GBP) from self-employment in the last financial year? (Required)
This is the income (i.e. profit), not turnover. Please provide the figure before tax and National insurance deductions. Get the figures from either form SA302 or SA300."


Is this asking me to submit the figures from my SA302 for the period ended 5 April 2018 or
Is this asking me for the next return that i will have by 05 April 2019 or
Is this asking me to provide figures for the profit from the current tax return which will be prepared after 31/03/2019?

The company i am applying under has had it's name changed one month after it was registered in 2012 so do i provide

Incorporation Certificate for the original name &
Incorporation Certificate for the name change &
Explain this in a covering letter?

I registered this company and was a Director of this company until 2014 but since left the UK in 2013 i resigned in 2014 as i was then a non-resident and continued receiving notices from HMRC to file
self-assessments, i resigned from the Directorship and continued working as a freelancer from outside the UK then in 2016, i came back to the UK and was employed
again, i had a previous partner in this company who resigned due to health issues and his other engagements (hereditary ataxia) and i became the sole director again with 100% shares in August 2017.

Do i need to explain this in my application? The current appointment report will show the entire history of me registering the company, the resigning and then becoming director again anyway.

I've had home office incorrectly refuse visa previously twice

i) when they mixed up this company with another company which had a similar name (both mine).
ii) when i initially applied for spouse visa, they could not find the company my wife worked at on the companieshouse website (as stated in the refusal reason) for which we had to appeal and got it overturned by providing screen shots and other evidence.

They ask for Dividend Vouchers "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"

Are these the dividends i issued to myself from the company between 01/04/2018 and 31/03/2019 and does the vouchers have to show the accounting period? I have taken dividends before the accounting period will end, so not sure how to do this and the vouchers my accountant mailed me doesn't show the period-ending?

This is the format of my vouchers:

Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600

I use Quickbooks Online to run my payroll where the payslips have a pay date, but i don't pay myself on the pay date, i usually pay 2-3 days after the pay date, and add a reference on transaction (for ex: the month for which the pay relates to) so if i am paying may's salary into my account i would add May 2018 will this be an issue?

my P60 should cover this already to confirm my pay as a director at the time of my application which is May 2019 one month after my company year ends. The P60 i am going to provide will be from 6 April 2018 to 5 April 2019, so it adds the extra 5 days as compared to CT600 which will end on 31/03/2019. Do i need to do anything about this i am a little confused here.

How will they assess my income?
Based on p60, Based on dividend or Based on profit reported on ct600?
my p60 will show a minimum salary of £12k
my dividends show £30k+ for the period covered by CT600.

Hope someone can point me in the right direction, i have serious panic disorder when i can't make sense of what i am supposed to do.



  • *
  • *
  • *
  • Posts: 26891

  • Liked: 3601
  • Joined: Jan 2007
Since i need the last full financial year this would be 01/04/2018 till 31/03/2019.

There is a question on the online form which reads
"What was the income (in GBP) from self-employment in the last financial year? (Required)
This is the income (i.e. profit), not turnover. Please provide the figure before tax and National insurance deductions. Get the figures from either form SA302 or SA300."


Is this asking me to submit the figures from my SA302 for the period ended 5 April 2018 or
Is this asking me for the next return that i will have by 05 April 2019 or
Is this asking me to provide figures for the profit from the current tax return which will be prepared after 31/03/2019?

When will you be applying for the visa?

If you apply before 31st March 2019, you can only use the 2017/2018 tax year, because the current tax year will not have ended yet.

If you apply after 31st March 2019, you use the 2018/2019 tax year, because that will be the most recent full tax year.

Quote
Hope someone can point me in the right direction, i have serious panic disorder when i can't make sense of what i am supposed to do.

To be honest, as you have had 2 prior refusals under the self-employment category, I would recommend contacting an immigration lawyer to help you sort out what you need for the application this time in order to get an approval.

We aren't very well versed in the requirements for self-employment income here, because they are fairly complicated and not many people apply using self-employment... so we usually assume that the applicant and their sponsor are able to work out what they need... and as your application situation is also fairly complicated, we wouldn't feel confident advising you on how to apply successfully this time.

I would recommend contacting Medivisas in London (either Victoria or Beth) and see if they can help you work out what you need to supply for your self-employment documents.


  • *
  • Posts: 4

  • Liked: 0
  • Joined: Jan 2019
The first refusal was in a different category, the second refusal was overturned so not technically a refusal.

I have sent medivisas an email. I will be applying after 31st March 2019 but could you tell me which income is it that i need to provide?

The CT600 profit or the SA302 one?


  • *
  • *
  • *
  • Posts: 26891

  • Liked: 3601
  • Joined: Jan 2007
The first refusal was in a different category, the second refusal was overturned so not technically a refusal.

Either way, any previous refusals/appeals/overturned decisions in the past will automatically make your application non-straightforward, and as the self-employment category is tricky to get right anyway, it's probably best to get go through an immigration lawyer.

Quote
I have sent medivisas an email. I will be applying after 31st March 2019 but could you tell me which income is it that i need to provide?

The CT600 profit or the SA302 one?

I don't know, I'm afraid, because I'm not familiar with what the two different forms are for. That's something to check with Medivisas.


  • *
  • Posts: 18239

  • Liked: 4993
  • Joined: Jun 2012
  • Location: Wokingham
I've personally assisted a friend with a straight forward self employment application (which was successful) but I completely agree with ksand.

The discrepancies in pay dates versus deposits will be a BIG deal I fear....

Hire Medivisas.  They'll give you solid advice.  The previous two refusals and appeal complicate things further.


Sponsored Links





 

coloured_drab