# US to UK Spousal Visa Help (Director of a Limited Company)



## Lockarn (Feb 24, 2015)

Hello,

My name is Michael and I am an American citizen. I married my wife Claire in Sept 2013, who is a British citizen. I am hoping someone on this forum could shed some light on our situation, as we have been separated since we got married and it is now the end of Feb 2015 . 

My wife is a director of a limited company in the UK and earns a salary through this company. The last financial year for her company was from June 2013 to June 2014. During that time she earned enough to meet the 18,600 requirement through salary paid not from dividends. At the time of the end of her company's financial year (June 2014) she had a horrible accountant employed. From June 2014 to Nov 2014 her accountant was working on the documents needed for our application (CT600, year-end acountants, etc...). She was taking forever and making mistakes along the way so my wife fired her and employed a new accountant to fix her mistakes and finish the documents we needed.

We are now to the present (Feb 24, 2015) and we have just received that last document we needed (CT600). Our concern now is that her new accountant is saying that on top of all the documents stated in Appendix FM-SE (which I included below) that we will also need management accounts, payslips and bank statements for the most recent 6 months! Doing this will require at least another month or two. I have read over Appendix FM-SE several times and have read every supporting document I could find on the UKBA website and cannot find anywhere that states this. Is this true? Do we actual need financials for the last 6 months or just the 12 month period associated with the CT600 as stated in the Appendix FM-SE? Will we run into any problems because we are applying 7 months after the end of her company's last full financial year?

Any help or guidance in this matter will be greatly appreciated. I have not seen my wife in a year and I am so desperate to finally be reunited with her so that we can finally start living our lives together.

Thanks so much,

Michael





> 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)-(d) shall apply in place of
> the requirements of paragraphs 2 and 10(b).
> (a) The specified type of limited company is one in which:
> ...


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## Joppa (Sep 7, 2009)

You are right and your accountant is wrong. Nothing to submit other than those pertaining to 2013-14 financial year.


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## Lockarn (Feb 24, 2015)

Joppa said:


> You are right and your accountant is wrong. Nothing to submit other than those pertaining to 2013-14 financial year.


That is wonderful news! Thank you so much for your quick reply. I'll let my wife know and we'll double check all of our supporting documents and hopefully we will be able to apply by next week.


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## Joppa (Sep 7, 2009)

The only other thing you need is confirmation (by your accountant or finance officer) that he is still in self-employment (director) at the time of application.


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## Lockarn (Feb 24, 2015)

Joppa said:


> The only other thing you need is confirmation (by your accountant or finance officer) that he is still in self-employment (director) at the time of application.


Hi and thanks for that extra bit of information. I made my wife aware and she has already asked her accountant to draft up this confirmation letter. Her accountant told her that all supporting documents that are sent in with our application have to be less than 28 days old. Is this true? If so, then we will need to get some of the documents redone since we obtained a lot of them back in Nov 2014. Thanks as always!


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## Joppa (Sep 7, 2009)

This is a moot point for self-employment, as you need to submit documents relating to previous financial year. Even the most recent document such as bank statement will be several months old. So I'd ignore what your accountant is saying. Other parts of the requirement such as accommodation must be up to date and should if possible be no older than 28 days from online application.


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## Lockarn (Feb 24, 2015)

Joppa said:


> This is a moot point for self-employment, as you need to submit documents relating to previous financial year. Even the most recent document such as bank statement will be several months old. So I'd ignore what your accountant is saying. Other parts of the requirement such as accommodation must be up to date and should if possible be no older than 28 days from online application.


Thank you again for such a quick reply. I'm sorry to keep bothering you with all these questions, but I'm starting to think that my wife's accountant isn't very experienced in dealing with UK Immigration as it relates to a Director of a Limited Company. He has just told her that she will also be needing an SA302 (Self Assessment tax bill). As I understand it from the Appendix FM-SE that only pertains to someone who is self-employed in the UK as a partner, as a sole trader or in a franchise. This wouldn't apply to her as she is a Director of a Limited Company. Am I correct in thinking this? Thanks again for all of your help!


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## Joppa (Sep 7, 2009)

You are probably correct but haven't checked that up myself.


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## Lockarn (Feb 24, 2015)

*Hello again*

Hello again. I've been organizing and reviewing all the documents that we've gathered and something jumped out at me that I hope isn't going to be a concern, but I wanted to run it past you anyway.

My wife Claire paid herself a salary of 19,250 and paid taxes on that amount. All of the documents we have show that figure including the unaudited year end accounts, confirmation letter from the accountant, CT600, etc. Claire actually paid herself more than that. Her old accountant, in an attempt to save Claire some money on taxes, classified the excess amount as DLA (Director's Loan). None of the documents that we are sending discuss or explain this. The problem arises in that when I was checking Claire's payslips against her personal and business bank statements, they don't match up perfectly. On some months it'll say that she paid herself 750, but her bank statement only shows drawings of 650, and on other months it'll say 750, but show something like 2000. 

Now when my wife pays herself, she just transfers the amount from the business account to her personal account and classifies it as "drawings". These amounts come out at various times based on many factors (how business is doing, her needing money for bills, etc). It doesn't come out on a set day each month for a set amount. 

What I would like to know is how will the Entry Clearance Officer see it? Will he just see that some months don't match up perfectly and consider it grounds for refusal? Or will he just be concerned with the fact that she paid herself 19,250 within the 12 month period (which meets the financial requirement) corresponding to the company's CT600, and that taxes were paid on that amount, and that all documents correspond with that as well?

I would assume that the most important thing is that she paid herself more than 18,600 in a 12 month period and that it was taxed and earned legitimately, and that is all that matters. I hope this is the case.

I look forward to your reply.

Thanks,

Michael


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## Joppa (Sep 7, 2009)

I think you need to explain, by way of a covering note, why there is discrepancy. I don't think it's a biggie but it's best to be thorough. Self-employment is difficult enough to evidence as it is.


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## Lockarn (Feb 24, 2015)

Thanks for your quick reply. Would you recommend that I go into extreme detail, or can I just explain it the way I did in my last post. I ask because I'm obviously not an accountant and some of this stuff is above my head. It was hard enough for me to explain what I did to you haha. Thanks.


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## Joppa (Sep 7, 2009)

It's best if your accountant can write it, but failing that, try to be as concise as possible in your explanation.


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## Lockarn (Feb 24, 2015)

Hello again,

I was curious whether the type of visa I am applying for (Apply to join family living permanently in the UK) is considered a settlement visa or not. I ask this because I wanted to pay the fee to expedite the visa processing and the price is different depending on whether its a settlement visa or not. It's a bit confusing because on the https://www.gov.uk/join-family-in-uk site it seems as though it is not a settlement visa, yet at the top of the actual application you fill out it says Family Settlement Application Form. Thanks as always for all of you help.

Michael


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## nyclon (Apr 3, 2011)

A spouse visa/apply to join family is a settlement visa.


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## Lockarn (Feb 24, 2015)

nyclon said:


> A spouse visa/apply to join family is a settlement visa.


Its getting confusing now because on the gov.uk website it says the following:

"Find out if you can apply for settlement (also called ‘indefinite leave to remain’) in the UK. Settling means you can stay in the UK without any time restrictions."

A spouse/apply to join family visa has a 2.5 year limit before I need to apply again. Also you must go use a different link on their site to go to the family visas vs the settlement visas. Any idea on this?

Thanks,

Michael


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## nyclon (Apr 3, 2011)

A spouse visa leads to settlement. That's why it's called a settlement visa.


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## Lockarn (Feb 24, 2015)

nyclon said:


> A spouse visa leads to settlement. That's why it's called a settlement visa.


https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa

At the above link you can find the info for expediting the visa processing. Below I have copied over the pricing from this site:

Non- settlement applications:
The priority fee is $156 US for non- settlement applications. We aim to process these applications within 3-5 business days but this may take longer during peak times.

Settlement applications:
The priority fee is $468 US for settlement applications. We aim to process these applications within 15 working days but this may take longer during peak times.

So based on what you are saying, I would have to pay the $468 priority fee?

Thanks,

Michael


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## nyclon (Apr 3, 2011)

You only have to pay the priority fee if you want priority processing. It is on top of the actual application fee.


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## Lockarn (Feb 24, 2015)

nyclon said:


> You only have to pay the priority fee if you want priority processing. It is on top of the actual application fee.


Yes I understand that. I'm just trying to determine which of the fees I will have to pay because I do want priority processing.

Thanks,

Michael


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## chiefteaofficer (May 27, 2014)

Yes the fee is the higher one as it's a settlement application. I paid a little over $500 to get priority on my Spouse application from the US last summer, so it has gone down a bit looks like. The conversion rates can make it vary slightly as well sometimes, I think.


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## nyclon (Apr 3, 2011)

Lockarn said:


> Yes I understand that. I'm just trying to determine which of the fees I will have to pay because I do want priority processing.
> 
> Thanks,
> 
> Michael


Yes, if you want priority processing for a settlement visa the fee is an additional $468.


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## Lockarn (Feb 24, 2015)

chiefteaofficer said:


> Yes the fee is the higher one as it's a settlement application. I paid a little over $500 to get priority on my Spouse application from the US last summer, so it has gone down a bit looks like. The conversion rates can make it vary slightly as well sometimes, I think.


If you don't mind telling me, how long did your visa take using the priority service?


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## nyclon (Apr 3, 2011)

There is a timeline thread which you can check for current processing times:

http://www.expatforum.com/expats/br...uk/30135-post-your-uk-visa-timeline-here.html

Recent posts suggest priority from the US is taking about 3 weeks. This can vary throughout the year for various reasons. Additionally, there are no guarantees. Priority processing only puts your application ahead of non-priority applications.


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## salix (Apr 27, 2014)

Lockarn said:


> If you don't mind telling me, how long did your visa take using the priority service?


I filed for a priority fiancé visa. They received the documents on Feb 16th, they issued the visa on Feb. 25th and I had it in my hand in CA on Mar. 4th.

I would have been fine with non-priority processing, but since we were cutting it close for our booked wedding date (with family needing to book flights from NZ), I bit the bullet and paid for priority.

Our application was very simple and straight-forward, so all situations are a bit different.

Good luck.


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## Lockarn (Feb 24, 2015)

Quick question...I was filling out my application online and it was requesting a lot of employment information about myself. Will I be needing to submit my own payslips and employment history as well as my sponsor's?


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## nyclon (Apr 3, 2011)

Lockarn said:


> Quick question...I was filling out my application online and it was requesting a lot of employment information about myself. Will I be needing to submit my own payslips and employment history as well as my sponsor's?


If you are employed when you apply then include proof of that: 1 pay slip, 1 bank statement, letter of employment. It has no bearing on the financial requirement.


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## Lockarn (Feb 24, 2015)

Hi again. I hope this will be the last question I have to ask, seeing as I have my biometric appointment on Monday and plan on sending everything out that same day. I was going over all the paperwork and the application form and realized that on the financial requirement form (appendix 2) I hadn't filled out the part under 3C (question 3.53) Is your sponsor registered as self employed in the UK with HM Revenue & Customs (HMRC)?

I asked my wife to verify with her accountant (she is a director of a limited company in the UK) and the reply from the accountant had us both confused. 

He told her that she is registered as being self employed, however, advised her to consult a solicitor first because he says that they can get quite particular about people being registered as self employed if they are also a Director of a company, which means she is also employed by the company. He mentioned that it depends how we are structuring our application.

Any insight on what he is talking about? I just assumed that we should say yes seeing as it's the truth.

Thanks,

Michael


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## Joppa (Sep 7, 2009)

It depends on whether the company she is director of comes under limited family ownership defined under the immigration rules.


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## Lockarn (Feb 24, 2015)

Joppa said:


> It depends on whether the company she is director of comes under limited family ownership defined under the immigration rules.


Her company is not co-owned by any family members. So based on that, should I mark yes or no?

Thanks


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## Joppa (Sep 7, 2009)

But if she is sole director, it will count as limited family ownership as well. Read FM1.7. If she is sole director, all the income she gets even as employee from the company will count as self-employment income and full evidential details under Section 9 must be supplied.


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## Lockarn (Feb 24, 2015)

Joppa said:


> But if she is sole director, it will count as limited family ownership as well. Read FM1.7. If she is sole director, all the income she gets even as employee from the company will count as self-employment income and full evidential details under Section 9 must be supplied.


She is sole director, so I will mark yes. Thank you so much for the quick responses.

Michael


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## Joppa (Sep 7, 2009)

Has she included all her income as director as self-employment income under Section 9?


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## Lockarn (Feb 24, 2015)

Joppa said:


> Has she included all her income as director as self-employment income under Section 9?


Everything that we will be submitting as evidence was found under:

*9.8. Director of a specified limited company in the UK – specified evidence *

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 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 Recognised Supervisory Body (as defined in the
Companies Act 2006);
(v) Corporate/business bank statements covering the same 12-month period as 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 a 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 listed as a director of the company 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 was paid into an account in the name of
the person or in the name of the person and their partner jointly.

Is that what you were asking?


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## Joppa (Sep 7, 2009)

Yes so you are fine.


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## Lockarn (Feb 24, 2015)

Could I please get a confirmation on the postcode for the Sheffield Visa Office? On the gov.uk website it says:

International Operations and Visas 
6 Millsands 
Vulcan House 
Sheffield 
S3 8NH 
United Kingdom 

But on the email I received from visa4uk.fco.gov.uk told me to send it to:

International Operations and Visas 
6 Millsands 
Vulcan House 
Sheffield 
S3 8NU 
United Kingdom 

The postcode is different. Thanks for your help.

Michael


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## salix (Apr 27, 2014)

It's S3 8NH

At least, that's the postal code I used.


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## PArij (Apr 13, 2015)

Hi All , 

We got the documentation back from VFS Chennai today and unfortunately the Visa was refused . 

As per the letter,it says the the visa was refused because i do not meet the income threshold requirement under Appendix FM and/or related evidential requirments under Appendix FM-SE .

I have provided the evidence for Financial Requirment under category F .I am director of my limited comapany and my companys last full finacial year is Aug 2013-July 2014. All of my documentations were based on this accounting period but as per ECO letter it is 6/4/2013-05/04/2014.

Can anyone please confirm what does last full financial year means for Category F ? 

Applicant's application schedule
-------------------------------------- 
Visa type: Settlement spouse visa for my wife 
Date of online application submission: 04-Feb-2015 
Date of application: 11-Feb-2015, 
Applied at - VFS , Chennai, 
Biometrics done 
Application has been dispatched to BHC: 11-Feb-2015 

Application Status:Refused 13/04/2015


Cheers
Pari


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## Joppa (Sep 7, 2009)

PArij said:


> Hi All , We got the documentation back from VFS Chennai today and unfortunately the Visa was refused . As per the letter,it says the the visa was refused because i do not meet the income threshold requirement under Appendix FM and/or related evidential requirments under Appendix FM-SE . I have provided the evidence for Financial Requirment under category F .I am director of my limited comapany and my companys last full finacial year is Aug 2013-July 2014. All of my documentations were based on this accounting period but as per ECO letter it is 6/4/2013-05/04/2014. Can anyone please confirm what does last full financial year means for Category F ? Applicant's application schedule -------------------------------------- Visa type: Settlement spouse visa for my wife Date of online application submission: 04-Feb-2015 Date of application: 11-Feb-2015, Applied at - VFS , Chennai, Biometrics done Application has been dispatched to BHC: 11-Feb-2015 Application Status:Refused 13/04/2015 Cheers Pari


Accounting period for a limited company in UK must correspond to UK tax year.


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## PArij (Apr 13, 2015)

Thanks Joppa. 


But this is what guideline says..i fall under 9.3.2. 

9.3.1.
For those self
-
employed as a sole trader, as a partner or in a franchise, the relevant
financial year(s) will be that covered by the self
-
assessment tax
return and in the UK this
runs from 6 April to 5 April the following year. Where the applicant is relying on their
partner’s income from self
-
employment overseas, the relevant financial year(s) will
reflect the requirements of the taxation system of that c
ountry.
9.3.2.
For those employed as a director of a specified limited company in the UK, the relevant
financial year(s) will be that covered by the Company Tax Return CT600 and
corresponds to the 12 

month accounting year of the company


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## Joppa (Sep 7, 2009)

You should still send accounts corresponding to tax year. Is your company a specified limited company as defined?


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## PArij (Apr 13, 2015)

yes as per the definition. I hold 100% of the shares

(a) The specified type of limited company is one in which:

(i) the person is a director of the company (or another company within the same group);
and
(ii) share
s 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 r
emaining shares are held (directly or indirectly) by fewer than five other
persons


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## Joppa (Sep 7, 2009)

Ones I've seen all had accounting year identical to or very close to tax year. You can try arguing your case through appeal or complaint procedure. Did you combine Section 9 self-employment income with employed income?


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## PArij (Apr 13, 2015)

No i did not , showed income based on Category F ie Director of ltd company and all supporting documents.

I have posted the list of documents submitted along with snaphsot of the refusal letter. 

http://www.expatforum.com/expats/br...ing-uk/723722-spouse-visa-chennai-appeal.html

cheers


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## Crawford (Jan 23, 2011)

PArij said:


> No i did not , showed income based on Category F ie Director of ltd company and all supporting documents.
> 
> I have posted the list of documents submitted along with snaphsot of the refusal letter.
> 
> ...


Is you company a specified limited company registered in the UK?

I ask because of your accounting period.


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## PArij (Apr 13, 2015)

yes, registered in UK. Up and running since 2012.


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## PArij (Apr 13, 2015)

if i re appl now, does following dates cover the last full financial year?

Pay slips April 2015-April 214, April 2014-April 2013,April 2013-2012
Dividends April 2015-April 2014,April 2014-April 2013,April 2013-2012
Ct600, Aug 2012-July 13,Aug 13-July 14

do i need to wait till July 2015 for corporate cycle to end?


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