Wife visa after overstaying for 2 years - wife of a settled person

Your wife stands little to zero chance of being permitted entry as a visitor, due to her adverse immigration history which will flag up on the IO's system at UK Border Control.

Do not attempt the proposed non visa national visit visa route. It will be a very expensive exercise in seeing your loved one sent back home. Her overstaying and failed spouse visa will ensure she is refused entry and returned.

Your “logic” is flawed in thinking that because she has a return ticket and the costs etc. None of that is even remotely considered when presented with a previous overstayer and a recent failed settlement refusal.

You do know you being with her matters zero - you will be waved through and told to get on your way. You won’t be holding hands when she gets interviewed and refused entry.

Frontier Mole wrote: ↑

Fri Apr 26, 2019 7:44 am

Do not attempt the proposed non visa national visit visa route. It will be a very expensive exercise in seeing your loved one sent back home. Her overstaying and failed spouse visa will ensure she is refused entry and returned.

Your “logic” is flawed in thinking that because she has a return ticket and the costs etc. None of that is even remotely considered when presented with a previous overstayer and a recent failed settlement refusal.

You do know you being with her matters zero - you will be waved through and told to get on your way. You won’t be holding hands when she gets interviewed and refused entry.

Thank you for the wise advice. We have discarded this idea.
What we are thinking now is that she can stay with a friend of ours in Stockholm and I can visit her every fortnight or so during 3 months. She would then go back to our country and apply for the visa in December.

I think you agree it sounds more prudent, right?
Thanks a lot for your answer, honestly.

Another thing we are thinking about is for me to cease the company and stick with self-employment, and as soon as I do so do the new application.
Is an ongoing self-employment, not a new registration.

Any thoughts?
Maybe I should have done it from the beginning.

jrmaciel wrote: ↑

Fri Apr 26, 2019 7:29 pm

Another thing we are thinking about is for me to cease the company and stick with self-employment, and as soon as I do so do the new application.
Is an ongoing self-employment, not a new registration.

I'd consider the £ 1.7k per month I got through self-employment in my personal bank account, and ignore what I have earned through the company.

In 2 months I haven't earned a lot through self-employment though.
Am I right to consider the last three months as the more relevant?
It's OK to have earned this directly into my personal bank account right? It has been declared in my tax return anyway.

This gives me so much hope. <3 Looking forward to read any thoughts.

I'm ever so grateful and really hope this thread is useful to anyone out there as a lot of them were to me.

How soon could you show a total of £18,600 earnings under self employment?
You only have to reach the threshold, it does not need to be a full 12 months of earnings, you just have to show you have earned and accounted for it. But you will need accounts but they can be less than a full year. As long as your net of costs bottom line profit exceeds the threshold you can use them.

Frontier Mole wrote: ↑

Fri Apr 26, 2019 11:29 pm

How soon could you show a total of £18,600 earnings under self employment?
You only have to reach the threshold, it does not need to be a full 12 months of earnings, you just have to show you have earned and accounted for it. But you will need accounts but they can be less than a full year. As long as your net of costs bottom line profit exceeds the threshold you can use them.

I have accounts and bank statements for the last full year showing an income through self-employment of £ 34k. On the last 2 months it was lower because I was earning through the company, but still around £ 1.5k per month in my personal account.
I understand is ok that the deposit was into my personal account right? I’m safe then?

My accounts are unaudited. Does anybody know if hey need to be certified?

Thanks so SO much!

As Frontier Mole has advised, for self-employment this calculated as the net amount after all allowable business expenses have been deducted. e.g the amount on which HMRC have used to calculate tax due.

Is the net amount (profit) at least £18,600 p.a

Casa wrote: ↑

Sat Apr 27, 2019 9:13 am

As Frontier Mole has advised, for self-employment this calculated as the net amount after all allowable business expenses have been deducted. e.g the amount on which HMRC have used to calculate tax due.

Is the net amount (profit) at least £18,600 p.a

Yes, the net amount is £ 34k (after deductions, before tax). Turnover is £ 43k.

I’ve closed my self-employed bank account and got the payments straight into my personal account from December until now. I understand that is absolutely fine right?

(I should have done this from the beginning, but anyway at least there’s a way out).
Thanks again!

A breakdown of the last months of net profit after deductions of self-employment (company not considered) would be:
- April until November: £ 25,530
- December: £ 800 (here I opened the company, but carried on one of self-employment depositing into my personal account, not self-employed bank account as before)
- January: £ 1,800
- February: £ 1,900
- March: £ 1,900 (end of financial year = £ 34,130)
- April: £ 1,200
- May: £ 1,900 (expected)

So if a reapply using this income under category F I fill all the requirements, I can see.
Does anybody know if the accounts (unaudited) need to be certified?
Any other thoughts are welcome.
Thanks!

So... My wife is going to the VAC again next friday to apply for the visa again. Forms, fee and all have been done. We are now realying on category F (again) but considering my self-employment (and not the income from or through the company).

So what we're sending now is:

- Her current passport
- Her expired passport (with the stamp when I first entered the UK)
- 2 passport sized colour photographs
- Copy of my (the sponsor) passport certified by the Post Office
- Copy of my (the sponsor) Biometric Residence Card certified by the Post Office
- Marriage certificate + sworn translation
- Letter from estate agency confirming they are happy for us to live in the same flat
- Trinity College London certificate for A1 test
- 12 months bank statement of my (the sponsor) personal account
- 6 months statement of my (the sponsor) savings account
- 2018/2019 Tax return (£ 41k net/taxable profit)
- SA302/tax calculation
- Sales invoices (about 3 or 4 for the last 2 months)
- Using the tax return as proof of registration with HMRC
- Letter with my UTR number (from 2014, and on my tax return there's the same number - ongoing self-employment)
- Accountant certificate of confirmation of my tax return
- Bank statement from my self-employment account apr/18 until nov/18 (when I incorporated the company I closed down the account and carried on the self-employment through my personal bank account)
- Bank statement from my personal account apr/18 until may/19, showing money of self-employment being deposited into this account.
- Review page of one of the services I provide (400 positive reviews)
- A statement of relationship from me
- Two statements from different friends
- Copy of my (the sponsor) driving license
- Council tax bill for 2018/2019
- Her e-ticket our home city to London for the 5th of August
- 30 pictures of us (wedding, Christmas, with friends, with her parents, travelling in England, Scotland, Wales, etc)

QUESTION 1: As I am relying on self-employment (not as director of my company) do you consider that I should send what I have for the company too?
- Copy of Certificate of Incorporation of my limited company
- 3 last (and only) salary payment submission from HMRC
- 3 last (and only) dividend vouchers
- 7 months bank statements of the business account

QUESTION 2: Does the bank statement need to be stamped by the bank? In the Immigration regulation it doesn't say so.

QUESTION 3: Do you consider necessary to send them Whatsapp chats for this 2 months we are apart? Is A LOT of chatting, by the way. Or what we are sending is enough?

Thank you so so much!

Hi guys!

Just to inform that after painful 51 working days we've got an e-mail asking for more documents:

You have submitted a Tax return for 18/19 as a sole trader. However you are a Limited company and are required to provide a CT600 for your trading year, this must have bank statements that coinside with the dates on the CT600, also please provide any payslips or dividend vouchers also within the same dates.

As I explained before in this forum, I am relying on my self-employment/sole trader, the money that I earn from outside the company. Not the company money, not my salaries/dividends, but the other business I operate as a Sole Trader with shown evidence through bank statements and HMRC documents and returns.
I'm relying on my self-employment as Sole Trader stream of income, not felf-employment as a director.

Would you guys advise me to reply stating this and quoting the document where it says so (Appendix FM section 1.7 - 9.3.4 & 9.5?

jrmaciel wrote: ↑

Tue Jul 23, 2019 2:31 pm

Hi guys!

Just to inform that after painful 51 working days we've got an e-mail asking for more documents:

You have submitted a Tax return for 18/19 as a sole trader. However you are a Limited company and are required to provide a CT600 for your trading year, this must have bank statements that coinside with the dates on the CT600, also please provide any payslips or dividend vouchers also within the same dates.

As I explained before in this forum, I am relying on my self-employment/sole trader, the money that I earn from outside the company. Not the company money, not my salaries/dividends, but the other business I operate as a Sole Trader with shown evidence through bank statements and HMRC documents and returns.
I'm relying on my self-employment as Sole Trader stream of income, not felf-employment as a director.

Would you guys advise me to reply stating this and quoting the document where it says so (Appendix FM section 1.7 - 9.3.4 & 9.5?

My knowledge about self-employment for visas isn't extensive, but I had to deal with it when I was preparing my spouse visa application. My husband has three companies, where he works as a sole trader, and as a director in two of them. We decided to use exclusively one company to show the financial requirements, and to avoid any risk of refusal and provide more solid evidence, we submitted all the paperwork of a self-employment as a director. The lawyer who arranged the application explained to us pretty much what the ECO is telling you: the tax return must coincide with payslips, P60's and the CT600 to be approved. What I can recommend you, is to submit all this evidence as a director.

PS. In the end my application was refused but it was only based on the English Test. The financial part did pass.

I have read your thread and I just want to give you an advice of something that you wrote: I don't know if your wife is still considering to fly to the UK as a visitor at some point if the visa doesn't go as planned, but I need to emphasise that she must desist (if that's the case). A new solicitor explained to me that a wife with a refused visa is a red flag to overstay and an automatic reason to deport her back to her home country. Just to let you know if that helps you somehow

Go straight to an accountant with all the relevant details of your directorship and get the document asap. Our visa was refused for something similar, and now I am rushing to get the correct document. The rules state this is needed and they will refuse you even if it is not relevant now.

Thanks for the reply guys, really appreciated.

The rules states that this is needed for directors, but I am applying as a sole trader. Mind you I still don't have a CT600 for the company, that's why I applied as a sole trader.

As a sole trader I have the same name with no "Ltd" at the end; and in the financial form I informed I've been trading as a sole trader for more than 4 years (whilst the company is less than a year).

So simple: have been trading as sole trader since august 2014 and since November 2018 I also got the company and I'm trading with both, but with different business structure. And have shown everything about being a sole trader, from tax return highlighting this income (ignoring dividends and salary on self-assessment) and ongoing income through my personal bank account.
All considering solely my sole trader income only.

They clearly overlooked this information in the documents, form and cover letter.
I'll be sending a document attached to the e-mail explaining it better.
Thank you very much. Hope to bring good news soon.
Cheers!

Hi everyone!

So, update about this case.
Last Friday our advisor sent an e-mail to the address provided in the last mentioned contact saying:

We would like to clarify that the Sponsor has completed the financial form under the Category Self-Employment, Sole Trader, though, he has also a limited company. However, in order to meet the financial requirements, he is relying on his self-assessment as sole trader. Therefore, no documents related to the company should be required.
Please note that our client has provided the relevant documents as per paragraph 7 of the Appendix FM, SE, in order to comply with the financial requirement.
- list of documents -

Therefore, we kindly request the Home Office to consider the application under paragraph 7 of the Appendix FM-SE, as the Sponsor meets the financial requirement of the rules as self-employed, sole trader, not relying on the income related to the limited company. Therefore, we believe that the documents requested in the email below should not be needed, since the Sponsor meets the financial requirement as a sole trader.

After 2 working days we got the e-mail with the decision and IT HAS BEEN APPROVED.
We are over the moon and can't put in words how thankful we are to each and every member of this group either helping with information or even good thoughts.
Honestly hope your process goes smoothly and you hear something back in no time.

Lessons with this application:
- If you're self-employed as director of your company and the company is less than 12 months old (you don't have a CT600) it will be refused.
- The Home Office follows exactly what is in the guidelines. Even with my incomes combined of around £ 50k, they only want to know about the minimum threshold as long as it follows what they are looking for. What makes sense, of course...

Once again, thanks a lot and please let me know if there's anything I can help with based on my experience.

Thanks!

This is fantastic news!
I have question i am not sure i am allowed to ask. Admin, please remove if not allowed, this is my first time posting anything.
May i ask what reason your wife gave for overstaying? I am embarking on this journey with my partner and the advice lawyer has said that ovestayers can be refused point blank unless they have a reason which is out of their control.
I need some help with this.