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Spouse visa extension

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Spouse visa extension

Post by Siav » Thu May 20, 2021 8:29 pm

Hello everyone,

we have to apply for my wife's UK spouse residency by the beginning of July and have a few questions. We will be grateful if anyone could help us. We are applying under category F (if we are not wrong) as a self-employed dentist:

1. when filling the application there is a question saying: What is the name of the self-employed business or company? but there was no name, just pure self-employment because I am working as an associate dentist for multiple practices. I am asking because later on when we reach the mandatory documents section they are asking: SA200 or SA303 for MY NAME at THE NAME WE GIVE TO THAT QUESTION?!

2. the second question is about how to fulfill the financial documentation. I have worked from April 2020 till January 2021 as a self-employed and earned well above £18600, then in January 2021, I registered a company and earnings are going to the company account. In April 2021 my accountant submitted my tax return for my self-employment and I have paid it. But for the company earnings and tax return, it is still too early to be filed as the company is only about 4 months old. will it be a problem if I show earnings from April 2020 to April 2021 as my tax year with the tax return and all the necessary documents even though it is only self-employed earnings from April 2020 till February 2021???
And also show the rest of the earnings to my company account from February 2021 till the end of June 2021 to only prove that earnings and business are ongoing???

Thanks for any help in advance
Siav

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Spouse visa extension

Post by manci » Sun May 23, 2021 10:09 am

Siav wrote:
Thu May 20, 2021 8:29 pm
What is the name of the self-employed business or company?
You were a sole trader April 2020-Jan 2021 so it is just your name as given in the tax return.
Siav wrote:
Thu May 20, 2021 8:29 pm
how to fulfill the financial documentation
By reference to p11 of https://assets.publishing.service.gov.u ... .0-ext.pdf

The applicant has to demonstrate and evidence the income and or savings required to meet the level of the financial requirement relevant to their application. They do not need to provide information in the first instance about any income or savings which they and or their partner may have beyond this.

If your sell-employed income as a sole trader in the period April 2020 - January 2021 exceeded £18,600 (assuming you have no children) there is no need to evidence the company income.
Personal opinion, not professional or legal advice

Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Re: Spouse visa extension

Post by Siav » Sun May 23, 2021 1:10 pm

Thank you very much dear Manci for your reply.
Just to be 100% clear, if I provide the business bank account details from April 2020 till January 2021+tax return, do I still have to submit bank details as proof of ongoing earnings till June 2021 (when am applying)?
and unaudited accounts from the accountant's certificate of confirmation to prove that earnings/business is ongoing right?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Spouse visa extension

Post by manci » Sun May 23, 2021 2:00 pm

The documents your wife will need to submit with her application are listed in Appendix FM-SE of the immigration rules:
posting.php?mode=reply&f=6&t=316776

7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:

(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out); and
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
(f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
(bb) If the business 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) 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;
(ii) 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;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
Personal opinion, not professional or legal advice

Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Re: Spouse visa extension

Post by Siav » Sun May 23, 2021 2:47 pm

Thank you. I found this website very helpful.
I contacted 2 lawyers and they told me that our case is very complicated because we have changed the nature of our financial requirement from self-employed sole trader to a limited company and this has increased the possibility for rejection so if they accept our case, it will be no guaranty for money back due to high rejection possibility:)!?! It really scared us..
Thanks again for your time.
Siav

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

Re: Spouse visa extension

Post by TODMATT » Sun May 23, 2021 3:47 pm

Siav wrote:
Sun May 23, 2021 1:10 pm
Thank you very much dear Manci for your reply.
Just to be 100% clear, if I provide the business bank account details from April 2020 till January 2021+tax return, do I still have to submit bank details as proof of ongoing earnings till June 2021 (when am applying)?
and unaudited accounts from the accountant's certificate of confirmation to prove that earnings/business is ongoing right?
You do need evidence of ongoing self employment at the date of the application as per appendix FM-SE.

I do agree with the lawyers that your financial case is complicated because you have switched from self employed to ltd company.

You have to explain in a cover letter your situation and be hopeful that caseworker will consider your switching.
My opinions should not be constituted as an immigration or legal advice.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Spouse visa extension

Post by manci » Sun May 23, 2021 4:28 pm

Siav wrote:
Sun May 23, 2021 2:47 pm
I contacted 2 lawyers and they told me that our case is very complicated
No doubt reflected in the fee they quoted you
Siav wrote:
Sun May 23, 2021 2:47 pm
It really scared us.
No need to be scared, just understand and follow the rules
Personal opinion, not professional or legal advice

Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Re: Spouse visa extension

Post by Siav » Sun May 23, 2021 5:32 pm

Yes, I assumed that they want to scare us to charge more. why to be rejected if we have earned above the threshold and all the earnings are reflected in the bank accounts and tax return?! At the end of the day, we have not done anything illegal for switching from self-employed to ltd.
Thank you both for sharing your thoughts.

Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Re: Spouse visa extension

Post by Siav » Sun Jun 20, 2021 1:29 pm

Hi,
I have another question now. As a self-employed, if I have my earning deposited into my business account which has my name and address, do I still need to provide my personal bank account?
Many thanks

Siav
Newly Registered
Posts: 9
Joined: Thu May 20, 2021 7:48 pm

Re: Spouse visa extension

Post by Siav » Tue Sep 14, 2021 6:39 pm

Hi everyone,

We provided all the required documents and added a cover letter explaining that financial requirement is from April till January and the income for this period is sufficient. We also paid £800 for a premium service and we received a positive answer in 24 hours.:))

Many thanks for all the support
Best wishes

Dsandhu
Junior Member
Posts: 65
Joined: Fri Apr 12, 2019 8:14 pm

Re: Spouse visa extension

Post by Dsandhu » Sun Sep 19, 2021 6:49 pm

Can someone advise what cohabition documents required for uk spouse visa extension?

My partner came to uk in may 2019 , his visa expires in feb 2022. We will be applying in jan 2022. Please advise what year documents to show

Thanks

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

Re: Spouse visa extension

Post by TODMATT » Sun Sep 19, 2021 6:52 pm

Dsandhu wrote:
Sun Sep 19, 2021 6:49 pm
Can someone advise what cohabition documents required for uk spouse visa extension?

My partner came to uk in may 2019 , his visa expires in feb 2022. We will be applying in jan 2022. Please advise what year documents to show

Thanks
Fill FLR M online and it will usually tells you all documents you need to provide in support of your application. You should also create your own thread by asking your own question.
My opinions should not be constituted as an immigration or legal advice.

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