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Spouse Earnings - Urgent Please HO Query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shahid77
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My Famil's ILR Home Office Query - Urgent Please

Post by shahid77 » Sun Mar 21, 2021 2:30 pm

Hi,
I applied for my wife and Son ILR Visa, i am their sponsor and now after five years I applied for their ILR, I received queries on Friday from Home office about after more than four and half months I applied. I have a limited company and a job, my earning are from limited company and from my job, Below questions home office asked me.

Provide one of the following for the sponsor as a Director:
(i) Certificate of VAT registration and VAT return for 2020 business tax year
OR
(ii) Proof of ownership or lease of the business premises
OR
(iii) Proof of registration with HMRC as an employer for the purposes of PAYE and NI with PAYE ref number and Accounts Office ref number.

Now I am facing below problems.
1. I am not VAT registered as threshold for my limited company earning are below then VAT threshold, I was registered once for VAT back in 2015 and 2016 but then I stopped claiming VAT and also Stopped my VAT in HMRC office.
2.My Limited company is registered at my home address it does not have any lease or ownership, I am tenant at this property, as I work on my client site I do not need office any where else.
3.I registered my company back in 2010 and since then I never draw any salary for my self, I do not have any other employ as well, I take only dividends I double check with HMRC and hey confirmed I nave been registered for PAYE scheme.

I have to provide them one of the document but in my case I can not provide any, and i was given only 10 days to reply and three days gone already, Please help me and suggest me how i can tackle this situation please

Regards
Shahid

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CULLINAN
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by CULLINAN » Sun Mar 21, 2021 9:34 pm

Which visa route is your family on? Are they on family route?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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zimba
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by zimba » Sun Mar 21, 2021 10:20 pm

You are asked to provide one of those as per requirements under Appendix FM-SE. The director of a specified limited company is required to provide at least one of those. You should write back and explain that you are not registered for VAT, you do not own or lease a premises and you are not registered for PAYE as you are simply claiming dividends
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: My Famil's ILR Home Office Query - Urgent Please

Post by shahid77 » Sun Mar 21, 2021 10:24 pm

CULLINAN wrote:
Sun Mar 21, 2021 9:34 pm
Which visa route is your family on? Are they on family route?
They were my dependent for five years, I had ILR (Settlement) and they were on five year route.

Regards
Shahid

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Re: My Famil's ILR Home Office Query - Urgent Please

Post by shahid77 » Sun Mar 21, 2021 10:28 pm

Zimba wrote:
Sun Mar 21, 2021 10:20 pm
You are asked to provide one of those as per requirements under Appendix FM-SE. The director of a specified limited company is required to provide at least one of those. You should write back and explain that you are not registered for VAT, you do not own or lease a premises and you are not registered for PAYE as you are simply claiming dividends
Thanks a lot of getting back, do you think they will refuse my Visa even if I explain them, I never knew I will be asked this, my threshold is not hitting 85K that is why i do not need VAT and I am a IT contractor I did not need any lease or ownership of any company premises as my all services are on client site. I am Director of the company and draw dividends never took any salary and never had any employ since 2010 i established my limited company, do you believe this explanation is good enough?

Thanks & Regards
Shahid

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zimba
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by zimba » Sun Mar 21, 2021 10:43 pm

The rules certainly require this. I am afraid you should write to them and see
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Happydays11
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by Happydays11 » Sun Mar 21, 2021 11:12 pm

i am not expert but my opioion what about provide current appointment report to show the ownership of business.

(ii) Proof of ownership or lease of the business premises

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Happydays11
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by Happydays11 » Sun Mar 21, 2021 11:22 pm

when replying consider attaching dividend certificate and last accounts showing you taking dividends. plus get letter from your accountant and tell him to explain that you are not registered vat and not on payroll, instead you are taking dividends

also if you taking dividends , you must have file self assessment. best is involve your account get letter from them and attach dividends certificate , accounts, and self assessment.

(again take this as guide, don't reply in hurry take your time and get legal help on this before 10 days).
Last edited by Happydays11 on Sun Mar 21, 2021 11:25 pm, edited 1 time in total.

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Re: My Famil's ILR Home Office Query - Urgent Please

Post by zimba » Sun Mar 21, 2021 11:23 pm

Happydays11 wrote:
Sun Mar 21, 2021 11:12 pm
i am not expert but my opioion what about provide current appointment report to show the ownership of business.

(ii) Proof of ownership or lease of the business premises
Ownership in that sentence refers to the business premises, not the business
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

shahid78
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by shahid78 » Sun Mar 21, 2021 11:56 pm

Happydays11 wrote:
Sun Mar 21, 2021 11:22 pm
when replying consider attaching dividend certificate and last accounts showing you taking dividends. plus get letter from your accountant and tell him to explain that you are not registered vat and not on payroll, instead you are taking dividends

also if you taking dividends , you must have file self assessment. best is involve your account get letter from them and attach dividends certificate , accounts, and self assessment.

(again take this as guide, don't reply in hurry take your time and get legal help on this before 10 days).
Thanks happy days, i have already provided my dividend vouchers, my company returns mean CT600 also my self assesment accounts,i provided them my IT contracts and invoices, my company certificate an shares certificate from company house, an acountant letter has alread been provided as well, accountant is ready to provide any letters i need from him, my solicitor making me disappointed although i explain that is how my company has been operating what is wrong in it she says it might will get refusal, my company is registered at my home adress and i have been paying rent via my company and have bank statements as well, they still want one out of three above mentioned documents 😥

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Happydays11
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by Happydays11 » Mon Mar 22, 2021 11:58 am

get advise from different solicitor.

and check this

https://www.gov.uk/run-business-from-home

when replying consider adding link and follow information in the link.

i also suggest you ask barrister to write letter on your behalf, as he/she will only write when rules allow.

I VE A LIFE WITHOUT TIER2
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by I VE A LIFE WITHOUT TIER2 » Mon Mar 22, 2021 12:26 pm

Simple explanation should cover VAT and the fact that you are not registered as an employer for the purpose of PAYE.

You are the director and have never paid yourself or anyone else salary, your business also fall under the 85k VAT threshold.

On the proof of business premises, I am assuming you submitted your home rental agreement as part of your application. If you operate your business from home, this should cover you, so an explanation should suffice.

I personally don't believe there is any ground to refuse you based on this.

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Happydays11
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by Happydays11 » Mon Mar 22, 2021 12:53 pm

on top as per above link u need permission from your landlord for running company from home, if you already submitted rental agreement. and did not provided permission agreement you may consider supplying that too.

again these all are just a guide best is to speak firm dealing with immigration rules as wel as business rules is one u want to write reply.

shahid77
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by shahid77 » Mon Mar 22, 2021 2:05 pm

I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 12:26 pm
Simple explanation should cover VAT and the fact that you are not registered as an employer for the purpose of PAYE.

You are the director and have never paid yourself or anyone else salary, your business also fall under the 85k VAT threshold.

On the proof of business premises, I am assuming you submitted your home rental agreement as part of your application. If you operate your business from home, this should cover you, so an explanation should suffice.

I personally don't believe there is any ground to refuse you based on this.
First of all thanks a lot to spare time to reply my query, I have submitted rental agreement in my application but that agreement is between me and estate agent not between my company and estate agent but at the same time I am director of my limited company. Do you think will this fulfill requirement?

Thanks & Regards
Shahid

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Re: My Famil's ILR Home Office Query - Urgent Please

Post by I VE A LIFE WITHOUT TIER2 » Mon Mar 22, 2021 2:37 pm

shahid77 wrote:
Mon Mar 22, 2021 2:05 pm
I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 12:26 pm
Simple explanation should cover VAT and the fact that you are not registered as an employer for the purpose of PAYE.

You are the director and have never paid yourself or anyone else salary, your business also fall under the 85k VAT threshold.

On the proof of business premises, I am assuming you submitted your home rental agreement as part of your application. If you operate your business from home, this should cover you, so an explanation should suffice.

I personally don't believe there is any ground to refuse you based on this.
First of all thanks a lot to spare time to reply my query, I have submitted rental agreement in my application but that agreement is between me and estate agent not between my company and estate agent but at the same time I am director of my limited company. Do you think will this fulfill requirement?

Thanks & Regards
Shahid
It might be worth going through your agreement (with estate agent) to see if there are any clauses on running a business at the property etc, other than that, there is no reason why your rental agreement shouldn't fulfil the requirement for business premises. Your home address is both your registered and trading address No?

If possible, you can get a letter from your estate agent saying that you run a business at the property, that should cover everything.

No 2 and 3 on the link above doesn't apply to you, only 1.

You are well within the rights not to register for VAT or register your company for PAYE purposes. I was a director last time I renewed visa, although VAT registered.

shahid77
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by shahid77 » Mon Mar 22, 2021 3:47 pm

I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 2:37 pm
shahid77 wrote:
Mon Mar 22, 2021 2:05 pm
I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 12:26 pm
Simple explanation should cover VAT and the fact that you are not registered as an employer for the purpose of PAYE.

You are the director and have never paid yourself or anyone else salary, your business also fall under the 85k VAT threshold.

On the proof of business premises, I am assuming you submitted your home rental agreement as part of your application. If you operate your business from home, this should cover you, so an explanation should suffice.

I personally don't believe there is any ground to refuse you based on this.
First of all thanks a lot to spare time to reply my query, I have submitted rental agreement in my application but that agreement is between me and estate agent not between my company and estate agent but at the same time I am director of my limited company. Do you think will this fulfill requirement?

Thanks & Regards
Shahid
It might be worth going through your agreement (with estate agent) to see if there are any clauses on running a business at the property etc, other than that, there is no reason why your rental agreement shouldn't fulfil the requirement for business premises. Your home address is both your registered and trading address No?

If possible, you can get a letter from your estate agent saying that you run a business at the property, that should cover everything.

No 2 and 3 on the link above doesn't apply to you, only 1.

You are well within the rights not to register for VAT or register your company for PAYE purposes. I was a director last time I renewed visa, although VAT registered.
I went through the clauses and Yes there is one clause which say you can not do business from home, i have sent a email to my estate agent lets see what she replies, actually since January 2021 i have moved to my house from rented house and have not been in touch with them since then. I am also called HMRC now and they said you can register a employer but it will take two weeks to get deliver letter through the post but i have only about five more days left. They said they can give me PAYE and Account office Reference as soon i register but letter will take two weeks to be delivered.

I VE A LIFE WITHOUT TIER2
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Re: My Famil's ILR Home Office Query - Urgent Please

Post by I VE A LIFE WITHOUT TIER2 » Mon Mar 22, 2021 8:01 pm

shahid77 wrote:
Mon Mar 22, 2021 3:47 pm
I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 2:37 pm
shahid77 wrote:
Mon Mar 22, 2021 2:05 pm
I VE A LIFE WITHOUT TIER2 wrote:
Mon Mar 22, 2021 12:26 pm
Simple explanation should cover VAT and the fact that you are not registered as an employer for the purpose of PAYE.

You are the director and have never paid yourself or anyone else salary, your business also fall under the 85k VAT threshold.

On the proof of business premises, I am assuming you submitted your home rental agreement as part of your application. If you operate your business from home, this should cover you, so an explanation should suffice.

I personally don't believe there is any ground to refuse you based on this.
First of all thanks a lot to spare time to reply my query, I have submitted rental agreement in my application but that agreement is between me and estate agent not between my company and estate agent but at the same time I am director of my limited company. Do you think will this fulfill requirement?

Thanks & Regards
Shahid
It might be worth going through your agreement (with estate agent) to see if there are any clauses on running a business at the property etc, other than that, there is no reason why your rental agreement shouldn't fulfil the requirement for business premises. Your home address is both your registered and trading address No?

If possible, you can get a letter from your estate agent saying that you run a business at the property, that should cover everything.

No 2 and 3 on the link above doesn't apply to you, only 1.

You are well within the rights not to register for VAT or register your company for PAYE purposes. I was a director last time I renewed visa, although VAT registered.
I went through the clauses and Yes there is one clause which say you can not do business from home, i have sent a email to my estate agent lets see what she replies, actually since January 2021 i have moved to my house from rented house and have not been in touch with them since then. I am also called HMRC now and they said you can register a employer but it will take two weeks to get deliver letter through the post but i have only about five more days left. They said they can give me PAYE and Account office Reference as soon i register but letter will take two weeks to be delivered.
They say 2 weeks but usually, HMRC are very quick.

Also, save you former estate agent the headache, draft the letter and send to them to put on letter headed, tell them why you need it

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Re: My Famil's ILR Home Office Query - Urgent Please

Post by Happydays11 » Mon Mar 22, 2021 11:54 pm

and worth checking this for business rates

https://www.gov.uk/introduction-to-busi ... ng-at-home

shahid77
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Spouse Earnings - Urgent Please HO Query

Post by shahid77 » Fri Apr 09, 2021 1:07 pm

Hi,
I applied ILR Visa for my wife and Son through five years dependent route, few weeks HO sent a query asking proofs of living together for my self and wife, they also asked to Provide them VAT OR Premises Ownership OR Company Account off Reference/PAYE reference, I have none of them because I earn less VAT threshold, My Ltd company Registered at home address so no premises owner proof I take Dividend only from my ltd company so I have no Account Reference number or PAYE Reference number, someone on the forum suggested to apply now for Account Reference number of PAYE which I applied and got letter in time, I also asked my estate agent and she issued a letter saying they were aware company was registered on home address and I had permission to register at home address, I sent all these docs in home office including many living together proofs Now

I work in Royal Mail for 13 hours so I have all those pay slips for some reason they ask again might be guy at scanning center did not scan them they asked for three different months so this is not the issue as i have them but my other earning is from my limited company and I draw dividends only, my solicitor asked me i need to show my about 23000 (Wife +Son), from April to April I earned about 13000 from my Royal Mail income and 10500 from my company dividends, home office have all these documents but they ask solicitor in query "does your client wish to add anymore income for their financial requirement" this made me confuse, my solicitor asked me to provide below earning documents when I applied

1 -An accountant letter which show income from April 19 to April 2020 for both Royal Mail and for Ltd company
2- Self Assessment accounts
3.Coperation Tax accounts (Unaudited )
4.CT 600
5.SA302
6.SA 100
7. I attached SA 310 as well
8.Invoice
9.Company assignment (Contracts copies from clients )
10.Dividends Vouchers from April to April
11.Persona and Business bank statement where my income from Royal Mail and Dividends reflects
12. Ltd company certificate and shares holder certificate
13.Pay slips from Royal Mail and a letter from Employer
14.P60

I provided all above documents and providing again assuming they might have missed this as well but does not look they can miss all of them, now my fear is my company tax year is 1st of June to 31 of May each year, but the accountant letter we provided it shows income from April to April, also dividends are for same same period, did i do wrong here as i was suppose to follow my company tax year not April to April financial year?

My company tax years starts from 1st of June to 31 of May each years, but the accountant letter showed income from April 2019 to April 2020 and same as my dividend vouchers? I am wondering am did we do wrong to show income of wrong period ?

Sorry for long draft.

Regards
Shahid

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zimba
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Re: Spouse Earnings - Urgent Please HO Query

Post by zimba » Fri Apr 09, 2021 5:31 pm

If you submitted a self-assessment then follow the April to April period. THe dividends in that period will also be counted
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

TODMATT
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Re: Spouse Earnings - Urgent Please HO Query

Post by TODMATT » Sun Apr 11, 2021 8:08 pm

shahid77 wrote:
Fri Apr 09, 2021 1:07 pm
Hi,
I applied ILR Visa for my wife and Son through five years dependent route, few weeks HO sent a query asking proofs of living together for my self and wife, they also asked to Provide them VAT OR Premises Ownership OR Company Account off Reference/PAYE reference, I have none of them because I earn less VAT threshold, My Ltd company Registered at home address so no premises owner proof I take Dividend only from my ltd company so I have no Account Reference number or PAYE Reference number, someone on the forum suggested to apply now for Account Reference number of PAYE which I applied and got letter in time, I also asked my estate agent and she issued a letter saying they were aware company was registered on home address and I had permission to register at home address, I sent all these docs in home office including many living together proofs Now

I work in Royal Mail for 13 hours so I have all those pay slips for some reason they ask again might be guy at scanning center did not scan them they asked for three different months so this is not the issue as i have them but my other earning is from my limited company and I draw dividends only, my solicitor asked me i need to show my about 23000 (Wife +Son), from April to April I earned about 13000 from my Royal Mail income and 10500 from my company dividends, home office have all these documents but they ask solicitor in query "does your client wish to add anymore income for their financial requirement" this made me confuse, my solicitor asked me to provide below earning documents when I applied

1 -An accountant letter which show income from April 19 to April 2020 for both Royal Mail and for Ltd company
2- Self Assessment accounts
3.Coperation Tax accounts (Unaudited )
4.CT 600
5.SA302
6.SA 100
7. I attached SA 310 as well
8.Invoice
9.Company assignment (Contracts copies from clients )
10.Dividends Vouchers from April to April
11.Persona and Business bank statement where my income from Royal Mail and Dividends reflects
12. Ltd company certificate and shares holder certificate
13.Pay slips from Royal Mail and a letter from Employer
14.P60

I provided all above documents and providing again assuming they might have missed this as well but does not look they can miss all of them, now my fear is my company tax year is 1st of June to 31 of May each year, but the accountant letter we provided it shows income from April to April, also dividends are for same same period, did i do wrong here as i was suppose to follow my company tax year not April to April financial year?

My company tax years starts from 1st of June to 31 of May each years, but the accountant letter showed income from April 2019 to April 2020 and same as my dividend vouchers? I am wondering am did we do wrong to show income of wrong period ?

Sorry for long draft.

Regards
Shahid
SA302 is usually used by those people who are self employed? This is a all mixed up because in order to combine a ltd company with employment, it must be within the same financial year as the limited company as per your CT600.
My opinions should not be constituted as an immigration or legal advice.

shahid77
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Re: Spouse Earnings - Urgent Please HO Query

Post by shahid77 » Mon Apr 12, 2021 10:13 am

God does it mean i have done wrong? i claim my earning from April 19 to April 20 and even accountant letter is for same period. My Dividend vouchers are for the April 19 to April 20. My Solicitor said it looks they did not receive our documents and we sent them again for the same period. I am director of the specified ltd company looks like i am in trouble then she kept on telling me income should be between April 2019 to April 2020 because i have employment that is why we have to send self assessment accounts as well.

Regards
Shahid

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Re: Spouse Earnings - Urgent Please HO Query

Post by zimba » Mon Apr 12, 2021 3:02 pm

Zimba wrote:
Fri Apr 09, 2021 5:31 pm
If you submitted a self-assessment then follow the April to April period. THe dividends in that period will also be counted
???
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

shahid77
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Re: Spouse Earnings - Urgent Please HO Query

Post by shahid77 » Mon Apr 12, 2021 3:57 pm

Zimba wrote:
Fri Apr 09, 2021 5:31 pm
If you submitted a self-assessment then follow the April to April period. THe dividends in that period will also be counted
Thanks a lot for replying, It gave me a lot of encouragement i was bit upset.

Regards
Shahid

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