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maribruk
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Brazil

Spouse Visa inside the UK - DOCs within 28 days of application

Post by maribruk » Tue Mar 16, 2021 12:48 pm

Hi,

I’m due to renew my Spouse Visa next month and I’m worried that I’d seen somewhere that my documents can’t be dated older than 28 days of my application. I don’t remember where I had seen this and I can’t find it anymore. I’m just wondering what documents should be within this rule. My bank statements, for instance were all sent by the bank last month, my payslips are all digital, my proofs of address to evidence accommodation are all from different dates to show that we’ve been living together for the past few years, etc.
Can anyone clarify this 28-day rule and where I can find it, please?
Thanks
Mariana

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Spouse Visa inside the UK - DOCs within 28 days of application

Post by TODMATT » Tue Mar 16, 2021 8:55 pm

maribruk wrote:
Tue Mar 16, 2021 12:48 pm
Hi,

I’m due to renew my Spouse Visa next month and I’m worried that I’d seen somewhere that my documents can’t be dated older than 28 days of my application. I don’t remember where I had seen this and I can’t find it anymore. I’m just wondering what documents should be within this rule. My bank statements, for instance were all sent by the bank last month, my payslips are all digital, my proofs of address to evidence accommodation are all from different dates to show that we’ve been living together for the past few years, etc.
Can anyone clarify this 28-day rule and where I can find it, please?
Thanks
Mariana
See Appendix FM-SE

"l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application."
My opinions should not be constituted as an immigration or legal advice.

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Re: Spouse Visa inside the UK - DOCs within 28 days of application

Post by maribruk » Wed Mar 17, 2021 9:21 am

Bless you!! 🙏🏼🙏🏼🙏🏼

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Maternity Leave under the Category F

Post by maribruk » Mon Apr 05, 2021 7:05 am

Hi, everyone! I hope you’re all well!

I’m applying for an extension of Spouse Visa and I’ll be doing that under the category F (I work for my husband, who’s the director of a specified limited company). Nevertheless, I was on Maternity Leave for the majority of last year and therefore my annual earnings (coinciding with the company’s tax year) was below the £18600 that the Home Office requires. In normal circumstances, my earnings are above the minimum financial requirement.

If I were applying under the Categories A or B, the appendix says that I have the option to show the payslips 6 months prior to the start of Maternity Leave but nothing is said in regards to the Category F.

I’m following the same rules (showing my payslips 6 months prior to the start of my maternity leave + the latest payslips since the end of my Maternity Leave up to the date of my application).

Is it something that the Home Office would approve? I’m sure I can’t be penalised for being on Maternity Leave so how do I go around it?

Thank you so much for your attention and any help you can provide.

Best,

Mariana

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Maternity Leave under the Category F

Post by TODMATT » Mon Apr 05, 2021 12:11 pm

maribruk wrote:
Mon Apr 05, 2021 7:05 am
Hi, everyone! I hope you’re all well!

I’m applying for an extension of Spouse Visa and I’ll be doing that under the category F (I work for my husband, who’s the director of a specified limited company). Nevertheless, I was on Maternity Leave for the majority of last year and therefore my annual earnings (coinciding with the company’s tax year) was below the £18600 that the Home Office requires. In normal circumstances, my earnings are above the minimum financial requirement.

If I were applying under the Categories A or B, the appendix says that I have the option to show the payslips 6 months prior to the start of Maternity Leave but nothing is said in regards to the Category F.

I’m following the same rules (showing my payslips 6 months prior to the start of my maternity leave + the latest payslips since the end of my Maternity Leave up to the date of my application).

Is it something that the Home Office would approve? I’m sure I can’t be penalised for being on Maternity Leave so how do I go around it?

Thank you so much for your attention and any help you can provide.

Best,

Mariana
Appendix FM-SE

You need to check paragraph 9A before trying to apply under CAT A or B? it is not clear from your post whether you were previously employed before working for your husband? If working for our husband, is any remaining shares held by fewer than 5 other people?

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.
My opinions should not be constituted as an immigration or legal advice.

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Re: Maternity Leave under the Category F

Post by maribruk » Mon Apr 05, 2021 12:35 pm

TODMATT wrote:
Mon Apr 05, 2021 12:11 pm
maribruk wrote:
Mon Apr 05, 2021 7:05 am
Hi, everyone! I hope you’re all well!

I’m applying for an extension of Spouse Visa and I’ll be doing that under the category F (I work for my husband, who’s the director of a specified limited company). Nevertheless, I was on Maternity Leave for the majority of last year and therefore my annual earnings (coinciding with the company’s tax year) was below the £18600 that the Home Office requires. In normal circumstances, my earnings are above the minimum financial requirement.

If I were applying under the Categories A or B, the appendix says that I have the option to show the payslips 6 months prior to the start of Maternity Leave but nothing is said in regards to the Category F.

I’m following the same rules (showing my payslips 6 months prior to the start of my maternity leave + the latest payslips since the end of my Maternity Leave up to the date of my application).

Is it something that the Home Office would approve? I’m sure I can’t be penalised for being on Maternity Leave so how do I go around it?

Thank you so much for your attention and any help you can provide.

Best,

Mariana
Appendix FM-SE

You need to check paragraph 9A before trying to apply under CAT A or B? it is not clear from your post whether you were previously employed before working for your husband? If working for our husband, is any remaining shares held by fewer than 5 other people?

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.
Hi, thank you for your reply.

I have been working for my husband for the last 2 years. It's like he's self-employed but because his company is registered with the Companies House, he falls under the category F. That's sorted, I have no doubts about the category I must use in my application.

My doubt is: Under the Cateogry F, how do I prove that I earn more than enough to meet the financial criteria when I'm not on Maternity Leave? As I said, for Categories A and B, the appendix gives the choice of showing the payslips 6 months prior to the date of application, but it's silent when it comes to Category F.

Thanks

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Maternity Leave under the Category F

Post by TODMATT » Mon Apr 05, 2021 2:20 pm

maribruk wrote:
Mon Apr 05, 2021 12:35 pm
TODMATT wrote:
Mon Apr 05, 2021 12:11 pm
maribruk wrote:
Mon Apr 05, 2021 7:05 am
Hi, everyone! I hope you’re all well!

I’m applying for an extension of Spouse Visa and I’ll be doing that under the category F (I work for my husband, who’s the director of a specified limited company). Nevertheless, I was on Maternity Leave for the majority of last year and therefore my annual earnings (coinciding with the company’s tax year) was below the £18600 that the Home Office requires. In normal circumstances, my earnings are above the minimum financial requirement.

If I were applying under the Categories A or B, the appendix says that I have the option to show the payslips 6 months prior to the start of Maternity Leave but nothing is said in regards to the Category F.

I’m following the same rules (showing my payslips 6 months prior to the start of my maternity leave + the latest payslips since the end of my Maternity Leave up to the date of my application).

Is it something that the Home Office would approve? I’m sure I can’t be penalised for being on Maternity Leave so how do I go around it?

Thank you so much for your attention and any help you can provide.

Best,

Mariana
Appendix FM-SE

You need to check paragraph 9A before trying to apply under CAT A or B? it is not clear from your post whether you were previously employed before working for your husband? If working for our husband, is any remaining shares held by fewer than 5 other people?

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.
Hi, thank you for your reply.

I have been working for my husband for the last 2 years. It's like he's self-employed but because his company is registered with the Companies House, he falls under the category F. That's sorted, I have no doubts about the category I must use in my application.

My doubt is: Under the Cateogry F, how do I prove that I earn more than enough to meet the financial criteria when I'm not on Maternity Leave? As I said, for Categories A and B, the appendix gives the choice of showing the payslips 6 months prior to the date of application, but it's silent when it comes to Category F.

Thanks
If that's the case, why don't you use your sponsors income to meet the financial requirement?
My opinions should not be constituted as an immigration or legal advice.

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Re: Maternity Leave under the Category F

Post by maribruk » Mon Apr 05, 2021 5:26 pm

TODMATT wrote:
Mon Apr 05, 2021 2:20 pm
maribruk wrote:
Mon Apr 05, 2021 12:35 pm
TODMATT wrote:
Mon Apr 05, 2021 12:11 pm
maribruk wrote:
Mon Apr 05, 2021 7:05 am
Hi, everyone! I hope you’re all well!

I’m applying for an extension of Spouse Visa and I’ll be doing that under the category F (I work for my husband, who’s the director of a specified limited company). Nevertheless, I was on Maternity Leave for the majority of last year and therefore my annual earnings (coinciding with the company’s tax year) was below the £18600 that the Home Office requires. In normal circumstances, my earnings are above the minimum financial requirement.

If I were applying under the Categories A or B, the appendix says that I have the option to show the payslips 6 months prior to the start of Maternity Leave but nothing is said in regards to the Category F.

I’m following the same rules (showing my payslips 6 months prior to the start of my maternity leave + the latest payslips since the end of my Maternity Leave up to the date of my application).

Is it something that the Home Office would approve? I’m sure I can’t be penalised for being on Maternity Leave so how do I go around it?

Thank you so much for your attention and any help you can provide.

Best,

Mariana
Appendix FM-SE

You need to check paragraph 9A before trying to apply under CAT A or B? it is not clear from your post whether you were previously employed before working for your husband? If working for our husband, is any remaining shares held by fewer than 5 other people?

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.
Hi, thank you for your reply.

I have been working for my husband for the last 2 years. It's like he's self-employed but because his company is registered with the Companies House, he falls under the category F. That's sorted, I have no doubts about the category I must use in my application.

My doubt is: Under the Cateogry F, how do I prove that I earn more than enough to meet the financial criteria when I'm not on Maternity Leave? As I said, for Categories A and B, the appendix gives the choice of showing the payslips 6 months prior to the date of application, but it's silent when it comes to Category F.

Thanks
If that's the case, why don't you use your sponsors income to meet the financial requirement?
Because it’s more complicated to get the documents to support his income

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Maternity Leave under the Category F

Post by TODMATT » Mon Apr 05, 2021 6:08 pm

You will still need to provide information relating to his company hence the purpose of the question above whether you fall unto paragraph 9a and if that's the case irrespective of whether you are using your income or his income, you will still need to provide information relating to the company and provide your payslips.

Appendix FM-SE

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, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians.
(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) 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.
(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."
My opinions should not be constituted as an immigration or legal advice.

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Re: Maternity Leave under the Category F

Post by maribruk » Tue Apr 06, 2021 8:42 am

Yes, thank you! I know that. I have all the documents already but I don’t have the dividends vouchers and I can’t link the dividends with the bank statements therefore I’m ruling out his income.

All I want to know is how do I use my income when I was receiving maternity pay. Do I show payslips 6 months prior to the application date just like Categories A and B? That’s all.

I want to stay focused on this matter.

Thank you

maribruk
Newly Registered
Posts: 12
Joined: Fri Feb 26, 2021 8:49 am
Brazil

Documents upload + proof of address for children

Post by maribruk » Sun May 02, 2021 3:04 pm

Hi everyone,

Once again I'm in need of your help. I'm about to upload my documents of the Sopra Steria website and I am wondering if I can partially upload them at home and finish scanning them at the visa centre.

Also, I need to provide proof of address for my young children. Can I use the same utility bills that I'm providing to prove that my partner and I have been living together for the past 2 years? Because my children are so young, they don't have anything on their names.

Thank you. x

AmazonianX
Respected Guru
Posts: 7304
Joined: Tue Jun 11, 2019 1:09 pm

Re: Documents upload + proof of address for children

Post by AmazonianX » Sun May 02, 2021 6:43 pm

maribruk wrote:
Sun May 02, 2021 3:04 pm
Hi everyone,

Once again I'm in need of your help. I'm about to upload my documents of the Sopra Steria website and I am wondering if I can partially upload them at home and finish scanning them at the visa centre. Yes yiou can,

Also, I need to provide proof of address for my young children. Can I use the same utility bills that I'm providing to prove that my partner and I have been living together for the past 2 years? Because my children are so young, they don't have anything on their names. There is no need for young children to show proof of address. You would have indicated them in application and stated they live with you.

Thank you. x

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