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Spouse visa - category F (director of a limited company)

Last activity 04 March 2023 by Cynic

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Akiko123

Spouse visa application - financial documents


Hi, i am finally in the process of uploading my

Documents for my spouse visa (priority)


Biometrics date 8/3/22


I have a few queries and concerns but i had no other choice but wait for another 4/5 months or try my luck.


The situation is that as i am a director of a limited company set up in may 14th 2021 i will be applying under category F (employed and non-employment income)


When i first made the company in may 2021 my accountant had started to issue me payslips, at the time i didn’t think this of an issue regarding a spouse application. However i did not pay myself into my bank account as the company was still in the very early stages of being set up and i had not yet received any income(so there is payslips and tax paid on may 21 wage corrosponding to the ct600/p60) but no physical bank statements to prove the money exists.


also for may 2022 which is the final month of the ct600 there is no wage going in my bank as i went on holiday and didn't inform my accountant to not issue a wageslip, so for 2 months of all the year there are no bank statements to prove the income


Ive spoken to 2 solicitors giving different advice, one says i should include a letter from an accountant to state it was paid “cash in hand” and the other solicitor has said i have a better chance not including this and my best bet is to hope they dont spot it (however its quite obvious as it will be the very first statement)


-there is no bank withdrawal or deposit in both my business and current accounts for this months wage however there is payslips,evidence tax has been paid


To add to the confusion on the appendix fm 1.7 it states


“Self-employed income can be cash-in-hand if the correct tax is paid. It would generally be expected that the person’s business or personal bank statements would fully reflect all gross (pre-tax) cash income. Flexibility may only be applied where the decision-maker is satisfied that the cash income relied upon is fully evidenced by the relevant tax return(s) and the accounts information.”


Please advise…


My other issue which im concerned about is that due to a miscommunication my dividend voucher states £7500 whilst my bank deposit was £8000, obviously there is no way to change this, would this be a concern?


Moreover this dividend was “declared but not paid for” untill august 2022. Basically it was declared within the year of the ct600 in april 2022 but i didnt pay myself until august 2022 which is outside of the ct600 (+ the voucher amount and payment amount will be different by £500)


all in all even if the ECO was to disregard these 2 missing bank statement wages and if the dividend was included in the calculation for the financial requirement i would still be above £18,600


Any advice and help would be appreciated…

Cynic

Hi and welcome to the Forum.


You have what I would describe as a complicated situation, not helped by the fact you have consulted with 2 experts who have given you conflicting information.


I think you have answered your own question really; you tell us that "appendix fm 1.7" tells you one thing, but that your own bank account tells you that you cannot meet the stipulation to "fully reflect all gross (pre-tax) cash income" - it doesn't.


My advice is to try and bring order to your financial affairs and then apply.  Immigration matters are not "well maybe", or "I hope it will be OK"; the days of professional civil servants running immigration departments who can apply logic or interpretation to people's situations are long gone, they are now ticking boxes on a computer screen, if you don't tick the box, then the computer says no.


I wish you the best of luck and hope this has helped.


Cynic

Expat Team

Akiko123

@Cynic thank you for your response


My concern mainly is: Even if they were to disregard 2 months of the 13 to which there is no bank statements to prove the payslips(i.e count only 10 months if wages and the dividend) i would meet still meet the £18,600 requirement.


i have mentioned 13 months as this was my first accounting year so it was slightly just over a year 13-05-2021 to 31-05-2022 (relating to the ct600)

Cynic

Hi again.


My advice would be to submit your application when you tick all the boxes, do not provide information that does not back up your application, if they ask for 12 months' worth of bank statements, then that's the box you need to tick, the claims are checked with HMRC to make sure that all taxes due were declared and collected.


Cynic

Expat Team

Akiko123

@Cynic ok thank you,


Something which is confusing me is that My financial year relating to the P60 would be different to the CT600 for the current financial year. (For 2022-2023)


P60 would cover 6th April 2022 to 5th April 2023

CT600 would cover 1st June 2022 to 31st may 2023


In total the entire period covered would be 14 months (from 6th April 2022 to 31st may 2023) , would this mean i would have to provide 14 months worth of bank statements and pay slips? Or would i only need to include bank statements and payslips which fall in the period relating to the CT600.

Cynic

Hi again.


First off - I'm not an accountant, you should really be speaking to your company accountant to request copies of all the documents you need.  As I understand it and in my opinion:


P60 - If you are the owner of the company, you do not get a P60, you are required to submit a self-assessment form to HMRC.  I assume it's a copy of this that you submit to the Home Office.


CT600 - if it's longer than 12 months, then there should be 2 separate CT600 forms.


I hope this helps.


Cynic

Expat Team

Akiko123

Hi, i did receive a P60 as i receive monthly salary paid to myself as a director.


i will be providing my CT600, P60 and additionally the SA100 which would show my employment income and dividended…


would this be sufficient


thanks

Cynic

Hi, i did receive a P60 as i receive monthly salary paid to myself as a director.
i will be providing my CT600, P60 and additionally the SA100 which would show my employment income and dividended…

would this be sufficient

thanks
-@Akiko123

Hi again.


As long as they provide the information required, then yes they should be sufficient.


I hope this helps.


Cynic

Expat Team

SimCityAT

Hi, getting straight to the point here.




I have all these financial evidences ; Wage-slips, P60, CT600, self-assessment tax return (SA100), bank statements, dividend vouchers




EXCEPT FOR - 2 bank statements reflecting the wage-slip Don't exist on my bank account (in the period relating to my CT600)




Bank statements missing- 1st month and last month relating to the period of the ct600




reasons: 1st month company was newly set up thus unknowingly i had no clue about accounting matters at the time, my accountant thus issued wage slips following that very same month (lol) when i had 0 balance in my business account and thus i never paid myself into my account and got cash in hand (tax has been paid on this and reflects on all tax return documents etc)


-last month, i was on holiday for a month and didn't tell my accountant to not issue me a wage-slip, thus i have a wage-slip but no income.




My CT600 covers a period greater than 12 months to begin with as it was my first accounting year, thus HMRC automatically sets the filing date towards the end of the same month (the following year).




would this mean they wouldn't really consider including the last months wage anyway? (In total 13 months of wages - accounting period was 15/5/21 to 31-5-22) as it would be unfair to include it?




should i just not include the payslip of the final month?




Here is where there is a grey area: Even if the ECO sees theres no physical evidence of money going in for them 2 months i mentioned and disregards them, i would still have earned above £18,600 if he counted the remainder 11 months which do have evidence along with a dividend which has a dividend voucher




i know this is a complex scenario and its hard to know i guess…




what are your thoughts?




thanks



-@Akiko123


Why are you starting a new topic off @Akiko123 when you should continue with the topic you had already started?

Your other post has been deleted!!

Akiko123

@SimCityAT i wasn't aware i couldn't start a new topic, i feel what i have stated here is more accurate and relevant to my situations


sorry for any troubles

Cynic

Hi again.


Perhaps I can simplify this.  The process tells you what you need to do, how to apply etc.  Whatever you are required to provide, there must be verifiable evidence of its existence (contracts, bank statements, HMRC correspondence, payslips etc).  They will not accept what you say at face value, they will check everything.


I don't think it is a grey area, if you have evidence that you earned over the required amount in the reference period, then you have ticked that box.  If you are concerned it may be misrepresented, then say so, but you won't be the first person in your position.


I hope this helps.


Cynic

Expat Team

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