Dividend (ltd company) - financial requirements

[harv]

First of all, you have already applied so stop stressing.

Now looking at the probabilities , it is highly inlikely that a case will be refused only on a missing latest VAT return. Although it is mentioned in the requirement of the documents I would not worry about it that much if you have provided more then enough information to cover all other points in the requirements.

Once you know the decision think from that point onwards.

In terms of appeal and re-application:

- Appeal - if the application is refused on the point of not providing latest VAT return as evidence, you may have less chance of a win. However the argument could be that your business bank statements would clearly show payments to HMRC VAT account every so often to show as a proof that payments are being made on regular basis, if you know what I mean. So your argument is still valid.

- Fresh application - This can be done ofcourse but there is no guarantee of a success, ECO may find some other point of refusal. On the same time you will have to pay the full amount for a new application.

I would suggest, that you hope for the best and wait for the decision and than make up your mind.

Hope this helps.

[sal911]

Yeah I guess I shall sit tight and wait. Fingers crossed all will go well. I shall update once I get a response.

Thanks

[myegin11]

Hi

My wife's application was refused on the basis of submission of unaudited accounts instead of audited accounts.

My accountant called HO and they confirmed unaudited would be OK as long as it's signed by a certified accountant. I submitted the application accordingly. And it was refused.

Recently, they changed the rules for evidence and now they accept unaudited accounts for small companies as well. It's too late for us. But that just tells how crap the system is as it seems some others were granted visa although they sent unaudited accounts.

[harv]

Hi

My wife's application was refused on the basis of submission of unaudited accounts instead of audited accounts.

My accountant called HO and they confirmed unaudited would be OK as long as it's signed by a certified accountant. I submitted the application accordingly. And it was refused.

Recently, they changed the rules for evidence and now they accept unaudited accounts for small companies as well. It's too late for us. But that just tells how crap the system is as it seems some others were granted visa although they sent unaudited accounts.

So sorry to hear about your refusal.

This is completely rubbish decision to be honest. However on the same time, because the rules were mentioned in such a way that they only required audited accounts. It would have been beneficial to supply a proof from HO confirmation. You could have asked for an email to be sent and used that email printout with your application.

I know it does not help at the moment, however I would suggest you appeal aginst the decision and make sure that you also note down as much information onthe conversation taken place between your accountant and HO i.e. time and date, name of HO staff etc.

Best of luck

[m.j]

HI Harv / All

I am in a similar situation, working as a consultant using my own Limited Company and need to apply for a spouse visa.
I am getting confused whether to consider myself as an employed by my company or Self Employed.
Till now, in all previous correspondances, I have been referring myself as the employee of my company.
But I can see the following text in the document:

December 2012
IMMIGRATION DIRECTORATE INSTRUCTIONS
FAMILY MEMBERS UNDER APPENDIX FM OF THE IMMIGRATION RULES
Annex FM Section FM 1.7
FINANCIAL REQUIREMENT

Below is the text:
9.7. Directors of Limited Companies - Requirements
9.7.1.
A limited company is owned by its shareholders. Where such a shareholder is also a director employed by the company, they may be paid a salary. However, for the purposes of the financial requirement a director of a limited company is treated as though they were self-employed. This is because of the financial year basis on which the operation of the company needs to be evidenced and assessed.

Any ideas on this?

Thanks

[sal911]

Positive update on my situation: As I previously stated I had forgotten to attach my latest VAT return and only realised it after submitting the application. I also submitted unaudited accounts with a printout from companies house website detailing the thresholds required for audited accounts and my accountant included an explanation in his letter that my accounts were to a standard required by HMRC.

We submitted the application on the 8th November 2012, my wife (the applicant) received notification on the 14th Jan 2013 that the result of her application was ready for collection.

What a relief to hear my wife collected her passport today with the visa approved!

Thanks to everyone who helped with their advice.