Fiance Visa- Financial requirement A or F? please help..!

[Bparr92]

Hello,

My name is Bradley and i am a UK born citizen with a Brazilian Fiance.
I am currently in the UK whilst my fiance is currently in Brazil.
We have been together for almost 2 years and lived together for around 9 months as she was here in the UK on a tier 4 student visa, unfortunately the course was not right for her and she had to go back to Brazil.

We have wanted to get married for a while now and the plan is for her to eventually live with me in the UK. So Fiance visa -> get married and then apply for a Spouse visa.

The problem we are having is under the Financial Requirements.. I currently earn a salary of £2054 per month before tax which is above the £18,600 minimum requirement. But my dad owns the business.. he owns the shares etc but i am down as a Company Secretary.
Would this mean that i need to provide documents for category A (6 months payslips and 6 months bank statements etc) or Category F? What are the documents i need for category F if this is the case?

Many thanks, i would greatly appreciate your help.

Bradley.

[seagul]

Director or employee of a specified limited company in the
UK – specified evidence
9.8.1. The evidence required to demonstrate income as either a director or employee (or both) of
a specified limited company in the UK is specified in 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)3
:
(a) The specified type of limited company is one in which:
(i) the person is a 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 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 Recognised Supervisory Body (as defined in the
Companies Act 2006) or who is a member of the Institute of Financial Accountants;
(v) Corporate/business bank statements covering the same 12-month period as
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 a 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) Original 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 listed as either a director or 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 either 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 and tax
credit.
(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) Evidence of ongoing employment as a director or other employee of the company or
of ongoing dividend income from the company. 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
(or dividend income from the company) 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. 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.

[Bparr92]

Many thanks for this information seagul

[helpplease!]

I am employed at my husbands company and must therefore follow paragraph 9 of Appendix FM-SE.

paragrpah 9. (c) is difficult, because it says our payslips and bank statements must be covering the same 12-month period as the Company Tax Return CT600. Ok, but my husbands company was only established in July 2017 and has only recently filed its first set of accounts for the period of July 2017 - July 2018 with Companies House, and I only started to work at the company in February 2018.

So I will be unable to show payslips or bank statements "covering the same 12-month period" as the July 2017 - July 2018 period... I can only show from February 2018 onwards. Will this be an issue?!

[zef]

I am employed at my husbands company and must therefore follow paragraph 9 of Appendix FM-SE.

paragrpah 9. (c) is difficult, because it says our payslips and bank statements must be covering the same 12-month period as the Company Tax Return CT600. Ok, but my husbands company was only established in July 2017 and has only recently filed its first set of accounts for the period of July 2017 - July 2018 with Companies House, and I only started to work at the company in February 2018.

So I will be unable to show payslips or bank statements "covering the same 12-month period" as the July 2017 - July 2018 period... I can only show from February 2018 onwards. Will this be an issue?!

Did you manage to resolve this? I am in the same boat. My company has been established for not over a year and does not have a CT600 yet. In terms of income from employment and dividends I pass 18600 with no problems.

Income from employment immediately prior to the company starting also easily fulfils 18600 requirement. Are immigration officers likely to take that into account, or will they reject because each and every requirement of being a company director is not satisfied?

[Jaune08]

Did you manage to resolve this? I am in the same boat. My company has been established for not over a year and does not have a CT600 yet. In terms of income from employment and dividends I pass 18600 with no problems.

Income from employment immediately prior to the company starting also easily fulfils 18600 requirement. Are immigration officers likely to take that into account, or will they reject because each and every requirement of being a company director is not satisfied?

Yes, CT600 is compulsory, as you need to prove the business bank statements correlate with your dividends and the tax return you have submitted. You have also need to demonstrate that the CT600 has been filled with HMRC, (electronic or written acknowledgment from HMRC) for the company from where you have received dividend.

I know this quite well, because this was the most complex part of my visa application. My husband has two companies, but he decided to rely exclusively on one to meet the CT600 criteria, despite the second company was in a better position.

When can you fill in the CT600 form? How old is your company?

[zef]

The company is only seven months old and as such has not filed for a CT600. Proving bank statements correlate with dividends is easy enough with statements and dividend vouchers, and as previously mentioned 18600 income is not a problem, But there is no CT600 as yet. Am I completely screwed?

Am I correct that if this visa extension fails, she gets put on to the 10-year route?

[zef]

If the CT600 is a hard requirement and cannot be filled until company accounts are filed (in about five months), then what are the alternatives? My wife's visa is due to expire in three months.

It appears I will have to apply for the extension (extension must be applied for before expiry), which under my current circumstances will fail (CT600). I will then have to apply again in a few months when the company accounts are in and I have the CT600. Will I be able to to then apply for an extension to her current family visa and remain on the 5 year route?

[zef]

Could anyone confirm whether my assumptions are correct or not? To recap:

• That I need to apply for the extension to her spouse visa before it expires. What are the consequences of not doing so? I'm guessing she will need to leave the country for a while, but can she still apply for an extension to the visa after it expires, a few months down the line?

• If she applies and fails due to my finances and only my finances, does she get automatically put on a 10 year route? Or will she need to make another application for that? If she does then that will at least mean she need not leave the country, correct?

My accountant is willing to offer a visa reference, which hopefully will help, but I need to make a plan B if the application fails. I appreciate that there are a lot of questions here. Any solid advice would be greatly appreciated.

[CR001]

Could anyone confirm whether my assumptions are correct or not? To recap:

• That I need to apply for the extension to her spouse visa before it expires. What are the consequences of not doing so? I'm guessing she will need to leave the country for a while, but can she still apply for an extension to the visa after it expires, a few months down the line?

• If she applies and fails due to my finances and only my finances, does she get automatically put on a 10 year route? Or will she need to make another application for that? If she does then that will at least mean she need not leave the country, correct?

My accountant is willing to offer a visa reference, which hopefully will help, but I need to make a plan B if the application fails. I appreciate that there are a lot of questions here. Any solid advice would be greatly appreciated.

1. She becomes and overstayer if she applies after her visa expires and it not advised to do this as she then can't work or use NHS etc. Applying again from abroad is a new entry clearance visa meeting all the same requirements again MN extensions are for applications within the UK.

2. Likely ho will out her on the 10 year FLR fp route.

3. Your accountant offering a visa reference letter, whatever that is, would be irrelevant. Ho follows the immigration rules strictly.

[zef]

Thanks very much, that was useful. I'll still need to apply for the extension, even if I know it'll fail. If she gets put on the 10 year route that's better than her leaving the country. It's my understanding that even on a 10 year route she can apply for a 5 year route later, which we'll likely do later next year as soon as the company files accounts.

[seagul]

It's my understanding that even on a 10 year route she can apply for a 5 year route later, which we'll likely do later next year as soon as the company files accounts.

Yes but it will again reset the clock towards ILR.