Spouse visa refused - related to Director

[Akkk123]

I applied for my wife Visa from Dubai. We paid for priority service. Got answer in 4 weeks but was refused Visa from dubai because I work for my father and they wanted all the documents under paragraph 9. These are the documents they wanted in refusal letter

(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.
Iii) 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.
(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.

In the letter everything else was correct and even both me and my father said the same thing in the interview.
I paid for pirioty service at first. I don't have the money to reapply so I have to appeal.
After getting all these documents I might appeal both paper and oral but want to if anyone know how long it will take for appeal from Dubai and is there any way to make this appeal faster? Please share if any of you who has gone through an appeal your appeal process details and how long does appeal usually take? Does the country affect the timing? If Visa granted what is the process after?

[CR001]

Your quickest option is to apply again. You failed to submit substantial documentation, clearly stated in Appendix 1.7 as a mandatory requirement, so the refusal would have been correct.

[Akkk123]

Your quickest option is to apply again. You failed to submit substantial documentation, clearly stated in Appendix 1.7 as a mandatory requirement, so the refusal would have been correct.

Thanks for the reply.
I understand that applying again would be quicker but I don't want to pay the fees again when the refusal is just based on the fact that they need more documents which my father can easily produce. I just wanted to know also if I send all the related documents that they want in the refusal letter, would I get the Visa?
Also i have submitted 6 months statements and pay slips in original application. Do I have to submit the 2 months more statements to prove to them that my employment is ongoing even though they didnt mention that was needed in refusal letter.

[Akkk123]

My timeline 

Spouse Visa from Dubai. Priority service 
Biometrics Date: 22/10/2019
Phone interview to me and my father: 21/11/2019
Decision rceived: 26/11/2019
Refused because related to employer as director is my father. 

I am thinking about appealing this both paper and oral and give all these documents but wanted to create this forum to know about other people appeal timelines. Please share as much detail as you can with dates.

[geoeng]

Also i have submitted 6 months statements and pay slips in original application. Do I have to submit the 2 months more statements to prove to them that my employment is ongoing even though they didnt mention that was needed in refusal letter.

Your answer to that question lies in (c) (i) and (ii) of the portion of the refusal letter you posted.

[Akkk123]

I think I am going to apply again. I just wanted to ask that in the refusal letter it says company tax returns for the last full financial year but my employment is only 8 months and one solicitor told me that i have to wait untill I have been employed for 12 months because they requested company tax returns for last full financial year so 12 months and that means I also have to be employed at those same time as the company tax returns. Can you or anyone please confirm if this is right because many solicitors say differnent things. I don't want to wait another 4 months.

[AmazonianX]

I think I am going to apply again. I just wanted to ask that in the refusal letter it says company tax returns for the last full financial year but my employment is only 8 months and one solicitor told me that i have to wait untill I have been employed for 12 months because they requested company tax returns for last full financial year so 12 months and that means I also have to be employed at those same time as the company tax returns. Can you or anyone please confirm if this is right because many solicitors say differnent things. I don't want to wait another 4 months.

So far the company tax returns of last full financial year covers your period of employment exceeding 6months you should be fine.

[geoeng]

I just wanted to ask that in the refusal letter it says company tax returns for the last full financial year but my employment is only 8 months and one solicitor told me that i have to wait untill I have been employed for 12 months because they requested company tax returns for last full financial year so 12 months and that means I also have to be employed at those same time as the company tax returns.

You will have to provide all of the document listed in the refusal letter, which corresponds to the requirements for applying under this category provided in the guidance document (linked below). Beyond the tax return for the last full financial year, it states you also have to provide payslips and personal bank statements covering the same 12 month period as the Company Tax Return. Only income received in the financial year covered by these documents can be used towards meeting the requirement, so it seems whether or not your current length of employment will meet the requirement depends largely on when the company's financial year starts/ends and not specifically on being employed for a 12 month period. For example, if the last full financial year of the company ended 31 March 2019 and you have only been employed there for the last 8 months, none of that income falls within the period covered by the last full financial year.

https://assets.publishing.service.gov.u ... -ext_1.pdf

[Akkk123]

I just wanted to ask that in the refusal letter it says company tax returns for the last full financial year but my employment is only 8 months and one solicitor told me that i have to wait untill I have been employed for 12 months because they requested company tax returns for last full financial year so 12 months and that means I also have to be employed at those same time as the company tax returns.

You will have to provide all of the document listed in the refusal letter, which corresponds to the requirements for applying under this category provided in the guidance document (linked below). Beyond the tax return for the last full financial year, it states you also have to provide payslips and personal bank statements covering the same 12 month period as the Company Tax Return. Only income received in the financial year covered by these documents can be used towards meeting the requirement, so it seems whether or not your current length of employment will meet the requirement depends largely on when the company's financial year starts/ends and not specifically on being employed for a 12 month period. For example, if the last full financial year of the company ended 31 March 2019 and you have only been employed there for the last 8 months, none of that income falls within the period covered by the last full financial year.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Thank you soo much for replying. It helped me alot. I just checked and my father company financial year ends in 30 November 2019 and I started working for him on 1st April 2019 so does that mean I should be okay to reapply for spouse visa now because I have been employed for 7 months fully?

Also wanted to ask that i know financial documents has to be dated within the last 28 days, does that apply for other documents like housing contract or no objection letter from my dad as I pay him rent for my husband to live her with me and him. That was dated on 10th of October. Do i have to make another one or can I use this same one that I sent when j applied last to spouse visa?

[geoeng]

does that mean I should be okay to reapply for spouse visa now because I have been employed for 7 months fully?

Provided the total income received in the period of the last full financial year is sufficient to meet the financial requirement keeping in mind that this category is based on income and not salary (see Section 9.4 on pages 62-63 of the guidance document).

Also wanted to ask that i know financial documents has to be dated within the last 28 days, does that apply for other documents like housing contract or no objection letter from my dad as I pay him rent for my husband to live her with me and him. That was dated on 10th of October. Do i have to make another one or can I use this same one that I sent when j applied last to spouse visa?

If you can easily get one dated within 28 days of the application date it's probably worth doing, but it seems it's really only evidence relating to a period which ends with the date of application (typically the financial requirement) that is required to be dated within 28 days of the date of application (1.(l) of Appendix FM-SE).

[Akkk123]

does that mean I should be okay to reapply for spouse visa now because I have been employed for 7 months fully?

Provided the total income received in the period of the last full financial year is sufficient to meet the financial requirement keeping in mind that this category is based on income and not salary (see Section 9.4 on pages 62-63 of the guidance document).

Also wanted to ask that i know financial documents has to be dated within the last 28 days, does that apply for other documents like housing contract or no objection letter from my dad as I pay him rent for my husband to live her with me and him. That was dated on 10th of October. Do i have to make another one or can I use this same one that I sent when j applied last to spouse visa?

If you can easily get one dated within 28 days of the application date it's probably worth doing, but it seems it's really only evidence relating to a period which ends with the date of application (typically the financial requirement) that is required to be dated within 28 days of the date of application (1.(l) of Appendix FM-SE).

Thank you so much for replying.
I read section 9.4 and that was about self employment but I am not self employed. I work for my father who is self employed in his own limited company. I am an employee in that limited company so how am I in that category.
Also can you tell me what you mean by salary and income. Are they not the same thing? My salary is paid into my account every month and yearly that's more than 18,600 a year. Is that ok?

[geoeng]

Thank you so much for replying.
I read section 9.4 and that was about self employment but I am not self employed. I work for my father who is self employed in his own limited company. I am an employee in that limited company so how am I in that category.

You are in that category because of the last paragraph [13(i)] which states "the provisions of paragraph 13 which apply to self-employment and to a person who is self-employed also apply to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies and to a person in receipt of such income."

Also can you tell me what you mean by salary and income. Are they not the same thing? My salary is paid into my account every month and yearly that's more than 18,600 a year. Is that ok?

By salary I mean the fixed amount you would earn in a period based on a contract of employment. By income I mean the actual amount of money received in a period. So while you may be in salaried employment, the financial requirement under Category F is based on income received in the last full financial year and not on what your salary was in that financial year (though they would be the same if the full period being considered were worked). You may have a salary over £18,600 in a year, but only the portion received in the financial year being considered can be counted under Category F. It does seem you can add any other employment income received during the period covered by the financial year being considered though, and it would not necessarily have to be from your current employment.

[Akkk123]

Thank you so much for replying.
I read section 9.4 and that was about self employment but I am not self employed. I work for my father who is self employed in his own limited company. I am an employee in that limited company so how am I in that category.

You are in that category because of the last paragraph [13(i)] which states "the provisions of paragraph 13 which apply to self-employment and to a person who is self-employed also apply to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies and to a person in receipt of such income."

Also can you tell me what you mean by salary and income. Are they not the same thing? My salary is paid into my account every month and yearly that's more than 18,600 a year. Is that ok?

By salary I mean the fixed amount you would earn in a period based on a contract of employment. By income I mean the actual amount of money received in a period. So while you may be in salaried employment, the financial requirement under Category F is based on income received in the last full financial year and not on what your salary was in that financial year (though they would be the same if the full period being considered were worked). You may have a salary over £18,600 in a year, but only the portion received in the financial year being considered can be counted under Category F. It does seem you can add any other employment income received during the period covered by the financial year being considered though, and it would not necessarily have to be from your current employment.

Thank you for taking your time to reply to me. I really appreciate it. It's making more sense to me but just wanted to ask about what u said about income. In my fathers company's last full financial year I have been employed for 7 full months and when I calculated my income in those 7 months, it is less than 18,600 even though my annual salary is more than 18,600. Does that mean I cant apply now and have to wait till I am employed for a full finanacial year then apply to meet the financial requirements?
Please clarify again using my details.

[geoeng]

In my fathers company's last full financial year I have been employed for 7 full months and when I calculated my income in those 7 months, it is less than 18,600 even though my annual salary is more than 18,600. Does that mean I cant apply now and have to wait till I am employed for a full finanacial year then apply to meet the financial requirements?

If in the last full financial year of your father's company your total income (from this and any other employment within that period combined) is less than £18,600, I don't believe you would meet the financial requirement and if you were to continue using this employment, the financial requirement would not be met until the next full financial year was complete. I'm not a solicitor though, so if any of the ones you have talked to have said something different, it is possible they're correct.

[Akkk123]

In my fathers company's last full financial year I have been employed for 7 full months and when I calculated my income in those 7 months, it is less than 18,600 even though my annual salary is more than 18,600. Does that mean I cant apply now and have to wait till I am employed for a full finanacial year then apply to meet the financial requirements?

If in the last full financial year of your father's company your total income (from this and any other employment within that period combined) is less than £18,600, I don't believe you would meet the financial requirement and if you were to continue using this employment, the financial requirement would not be met until the next full financial year was complete. I'm not a solicitor though, so if any of the ones you have talked to have said something different, it is possible they're correct.

So basically because my employer is my father, under their law they have put me under that same category as self employed people even though I am not self employed.
I know self employed provides 12 months bank statements and are employed for 12 months in that financial year and their income has to be more than 18,600 a year.
So that means I have to provide all those documents the same as self employed people

[geoeng]

So basically because my employer is my father, under their law they have put me under that same category as self employed people even though I am not self employed.

The reasoning for including employees of specified limited companies under this category is outlined in Section 9.7.1 of the guidance document.

[Akkk123]

So basically because my employer is my father, under their law they have put me under that same category as self employed people even though I am not self employed.

The reasoning for including employees of specified limited companies under this category is outlined in Section 9.7.1 of the guidance document.

Thank you so much for guiding me to read that section.
When I was reading the saw this in the section of the appendix
"This is because in a company in sole or limited family ownership there is scope for doubt as to the effective control of the company, as the person is either a director or employee (or both) and a shareholder or the other shareholders are family members of that person. In that case, instead of the employment evidence in Category A or Category B or the dividend evidence in Category C, we need the evidence about the operation of the company required under Category F or Category G.

Does this necessarily mean that I am under category F and have to supply the same evidence as self employed because they have said "evidence of the operation of the company" am I right to assume that this means that they want evidence to see if my father's company is genuine and that he pays tax etc so that's why they wanted these additional documents not that I am under category as self employed.
.

[geoeng]

Does this necessarily mean that I am under category F and have to supply the same evidence as self employed because they have said "evidence of the operation of the company" am I right to assume that this means that they want evidence to see if my father's company is genuine and that he pays tax etc so that's why they wanted these additional documents not that I am under category as self employed.

Yes, that's pretty much it. If those documents weren't required, it is conceivable someone could enlist a family member to setup a limited company to employ them for the sole purpose of meeting the financial requirement of a visa without actually having any real revenue or business to support it.

[Akkk123]

Does this necessarily mean that I am under category F and have to supply the same evidence as self employed because they have said "evidence of the operation of the company" am I right to assume that this means that they want evidence to see if my father's company is genuine and that he pays tax etc so that's why they wanted these additional documents not that I am under category as self employed.

Yes, that's pretty much it. If those documents weren't required, it is conceivable someone could enlist a family member to setup a limited company to employ them for the sole purpose of meeting the financial requirement of a visa without actually having any real revenue or business to support it.

My father can produce those documents to prove the company is genuine. Even for 2 full financial years. The problem is still is that I have only been employed there for 8 months and I am still confused if I can apply now or I have to wait till I am employed for 12 full months under category F. 1 solicitor told me I have to wait and other solicitor told me that they just want your fathers 12 months business statements, not yours because your annual salary meets the requirements. I am really confused as to what to do

[Akkk123]

In my fathers company's last full financial year I have been employed for 7 full months and when I calculated my income in those 7 months, it is less than 18,600 even though my annual salary is more than 18,600. Does that mean I cant apply now and have to wait till I am employed for a full finanacial year then apply to meet the financial requirements?

If in the last full financial year of your father's company your total income (from this and any other employment within that period combined) is less than £18,600, I don't believe you would meet the financial requirement and if you were to continue using this employment, the financial requirement would not be met until the next full financial year was complete. I'm not a solicitor though, so if any of the ones you have talked to have said something different, it is possible they're correct.

My father's financial runs from 1st December 2018 to 30 November 2019. In that financial year I have been employed for 8 months and my income in those 8 months is less than 18,600. You mentioned that this financial requirement would not be met untill the end of next financial year. So does that mean I have to wait till 30 November 2020 to be employed for a full financial year or can I not use some of last financial year and some of next financial year combimee to nake 12 months untill my income meets 18,600?

[geoeng]

You mentioned that this financial requirement would not be met untill the end of next financial year. So does that mean I have to wait till 30 November 2020 to be employed for a full financial year or can I not use some of last financial year and some of next financial year combimee to nake 12 months untill my income meets 18,600?

My understanding, based only on reading the immigration rules and guidance document, is that you can only use income received in the period covered by the last full financial year or an average of the last two full financial years towards meeting the financial requirement under this category (Paragraphs 13. (e) and (j) of Appendix FM-SE which is restated in Section 9.4 of the financial requirement guidance document).

[seagul]

The problem is still is that I have only been employed there for 8 months and I am still confused if I can apply now or I have to wait till I am employed for 12 full months under category F. 1 solicitor told me I have to wait and other solicitor told me that they just want your fathers 12 months business statements, not yours because your annual salary meets the requirements. I am really confused as to what to do

I think same discussion getting repeated over and over again when the major weakness is that op hasn't yet completed 12 months of employment. Because payslips & Personal bank statements should cover the same 12-month period as the Company Tax Return CT600 shows that the salary as an employee of the company was paid into his account.

[Akkk123]

The problem is still is that I have only been employed there for 8 months and I am still confused if I can apply now or I have to wait till I am employed for 12 full months under category F. 1 solicitor told me I have to wait and other solicitor told me that they just want your fathers 12 months business statements, not yours because your annual salary meets the requirements. I am really confused as to what to do

I think same discussion getting repeated over and over again when the major weakness is that op hasn't yet completed 12 months of employment. Because payslips & Personal bank statements should cover the same 12-month period as the Company Tax Return CT600 shows that the salary as an employee of the company was paid into his account.

But in my refusal letter it did not say employee of the company should provide personal vank statments covering the same as the companu tax returns. It only said said director of the company. As I am not a director does his apply to me?

[seagul]

I m copying pasting your first post. Read again the yellow highlighted words.

I applied for my wife Visa from Dubai. We paid for priority service. Got answer in 4 weeks but was refused Visa from dubai because I work for my father and they wanted all the documents under paragraph 9. These are the documents they wanted in refusal letter

(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.
Iii) 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.
(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.

In the letter everything else was correct and even both me and my father said the same thing in the interview.
I paid for pirioty service at first. I don't have the money to reapply so I have to appeal.
After getting all these documents I might appeal both paper and oral but want to if anyone know how long it will take for appeal from Dubai and is there any way to make this appeal faster? Please share if any of you who has gone through an appeal your appeal process details and how long does appeal usually take? Does the country affect the timing? If Visa granted what is the process after?

[Akkk123]

I m copying pasting your first post. Read again the yellow highlighted words.

I applied for my wife Visa from Dubai. We paid for priority service. Got answer in 4 weeks but was refused Visa from dubai because I work for my father and they wanted all the documents under paragraph 9. These are the documents they wanted in refusal letter

(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.
Iii) 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.
(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.

In the letter everything else was correct and even both me and my father said the same thing in the interview.
I paid for pirioty service at first. I don't have the money to reapply so I have to appeal.
After getting all these documents I might appeal both paper and oral but want to if anyone know how long it will take for appeal from Dubai and is there any way to make this appeal faster? Please share if any of you who has gone through an appeal your appeal process details and how long does appeal usually take? Does the country affect the timing? If Visa granted what is the process after?

Sorry about this. I know i posted this at the start but I copy and pasted this from the internet. I read my refusal letter again I am 100% sure in my refusal letter it doesn't say employee. Only says director. That's why I asked again.