Spouse visa - Sponsor sole director of a limited company

[carlyann]

Hi,

I'm new to this forum although I have been lurking and reading hundreds of posts for months now.

In brief I am the UK sponsor. My fiance is from Nicaragua and we are getting married in Nicaragua this summer - he will apply for the marriage visa from there straight after.

I have some concerns over what I cannot provide in terms of employment on the basis that I am the sole director and shareholder of a limited company which I only started in December last year.

What I can't provide

- tax returns (due to it being a new start up)
- contract from my clients. Basically I meet with them we discuss what projects/work they want me to do, then I get on with it and invoice every two weeks. Mainly on a day rate but sometimes per peice of work. There is nothing formal in place - its a large international company that uses a number of external authors and they never put any contracts like that n place
- hard copy remittance payments from my client. These are sent to my by pdf although the money can be seen going into my company bank account

What I can provide
- payslips (my accountant does these)
- dividend vouchers (as above)
- my company bank statements since start up
- letter from bank to confirm that I have sole access to the account
- I keep my own running excel speadsheets (which my accountant will use at year end to submit the company tax return) - Is there any way to make these look more formal then just excel print outs?????
- company incorporation documents
- (Hopefully) a letter of intent from my client confirming that they are happy with my work and intend to contract me on an ongoing basis
- (Hopefully) a letter from my accountant to confirm that I have retained on an ongoing basis enough money in my company account to cover corporation tax, when its due and that he is employed to submit the tax return, confirmation that my salary is such that no NI is due (I withdraw mainly in dividends)
- MY p60 from my last employment
- my accountant should have submitted my personal tax return for this tax year (with the tax due). But I doubt I will have the tax return back

Sorry for the long email but I am concerned from what I have read that the UKBA place a great weight on contracts, tax returns and corporation tax being paid - in one case even though the sponsor was not overdue in paying the tax.

Has anyone been in a similar situation? Does anyone have any views on what more I could provide?

Many thanks all

[harv]

Hi carlyann

I am almost the same as you when it comes to the employment.

I have applied in India for my wife's spouse VISA and it was granted.

I am sole Director of my Ltd company and pay myself salary + dividends for tax efficiency as well.

Here is the list of things I provided:

1. General
a. Cover Letter
b. Legal Sponsorship Declaration
c. Visa application form (VAF4A)
d. Support letter from Applicant’s father

2. Applicant Documents
a. Passport
b. Passport size Photographs
c. A1 English Language Test (ELT) Certificate (IELTS, New Delhi)

3. Marriage
a. Marriage Certificate
b. Wedding Invitation Card
c. Wedding Pictures

4. Sponsor’s Identification
a. Certified Passport copy

5. Sponsor’s Accommodation
a. Tenancy Agreement
b. Letter from the Agent/Landlord (Tenancy arrangements and No obligation)
c. Letter from Parents (No obligation)
d. Property inspection report

6. Sponsor’s Finances
a. Cover letter, explaining finances
b. Bank Statements (6 Months)
c. Employment letter - From my accountant detailing monthly salary and dividends I pay to myself
d. Pay slips and Dividend Vouchers (6 Months)
e. P60 from 2011
f. Limited Company – Incorporation Certificate and Annual Accounts (2010/2011)

7. Applicant and Sponsor Communication
a. Cover letter
b. Itemised Call Records (O2 International Favorites)
c. Email Inbox Screenshots (Email contact)
d. Photographs of previous meetings
e. Immigration stamps of Sponsor’s visits to India
f. New Year’s gift and card

[carlyann]

Thanks Harv. I'm just really worried they will forwn upon the fact that my company is a start up with NO tax returns - I really hope I am worrying unecessarily!!!!!

That well know list about the most stressful things in life (marriage, moving death etc) should also include UK visa applications!!!!

[harv]

NO tax returns

Hi

The accounts I included in my application were not the ones I am submitting to HMRC, in fact I have not submitted them yet because there has been some more changes that we would like to add to the annual accounts i.e. adding additional period to the reference date thus adding more turnover and expenses to the report.

I had not paid the final Corporation tax to HMRC during the VISA application process as I still have time to do so in terms of deadlines.

So if you are just a very recent start up, I would guess that a draft report from your accountant showing your current turnover, expenses and so far profit should be good enough and that your dividends are justifiable.

As long as you have the accountant to back you up and the figures in the report are correct, you should not worry about this.

[carlyann]

Thanks Harv,

2 more questions on this is you see this!

1. draft accounts - do you think my excell accounts i keep for myself will be sufficient with a coevr letter from my accountant to say everything is in order?

2. When completing box 8 did you give details of your Ltd company? and then give details of your clients in your supporting cover letter?

Thanks and congratulations on your visa success!!!

[harv]

Hi

1 - Draft accounts - Since I was about to submit my accounts to HMRC my accountant was already creating the accounts, so I got the draft to submit with the application. You do not have to create accounts, I think as long as your account can write details of how the business is performing i.e. profit wise and your salary/dividend situation you should be fine.

2 - I gave full details of my limited company and also submitted a copy of the company registration certificate as evidence. I did not give any details of my clients in the application because that is personal to my business. Only HMRC should ever need to ask about such information.

Hope this helps.

PS be honest and make sure your accountant is providing all details in writing to cover your/ltd company financial details

[carlyann]

Thanks Harv

So did you give any details of your clients and the terms of business? contracts? security of contracts?

[webdguy]

Hi Harv,

Do you have the templates for the letter from your accountant. that will help a lot.

I am contracting from my pvt ltd company which i started almost 2.5 years back and worked for 1 year before taking a permanent role until this september and back to contracting now. So i have to do both P60s, payslip and the additional accountant letters etc. Please advice and also send me the templates please.

Cheers

Hi carlyann

I am almost the same as you when it comes to the employment.

I have applied in India for my wife's spouse VISA and it was granted.

I am sole Director of my Ltd company and pay myself salary + dividends for tax efficiency as well.

Here is the list of things I provided:

1. General
a. Cover Letter
b. Legal Sponsorship Declaration
c. Visa application form (VAF4A)
d. Support letter from Applicant’s father

2. Applicant Documents
a. Passport
b. Passport size Photographs
c. A1 English Language Test (ELT) Certificate (IELTS, New Delhi)

3. Marriage
a. Marriage Certificate
b. Wedding Invitation Card
c. Wedding Pictures

4. Sponsor’s Identification
a. Certified Passport copy

5. Sponsor’s Accommodation
a. Tenancy Agreement
b. Letter from the Agent/Landlord (Tenancy arrangements and No obligation)
c. Letter from Parents (No obligation)
d. Property inspection report

6. Sponsor’s Finances
a. Cover letter, explaining finances
b. Bank Statements (6 Months)
c. Employment letter - From my accountant detailing monthly salary and dividends I pay to myself
d. Pay slips and Dividend Vouchers (6 Months)
e. P60 from 2011
f. Limited Company – Incorporation Certificate and Annual Accounts (2010/2011)

7. Applicant and Sponsor Communication
a. Cover letter
b. Itemised Call Records (O2 International Favorites)
c. Email Inbox Screenshots (Email contact)
d. Photographs of previous meetings
e. Immigration stamps of Sponsor’s visits to India
f. New Year’s gift and card

[carlyann]

Hi just in case you didn't already know these posts are about the info provided for applications BEFORE 8th July. The new rules provide that specific docs/evidence must be provided in respect of the limited company

[webdguy]

Many thanks Carlyann,

Sorry missed the email notification of the reply. I have got this link
http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/


I have been contracting for last 3 months only. Worked on permanent basis for last 1.5 year and contracted for a year before that under the same current limited company name.

given the above, do i still need to fulfil the document requirement as mentioned in the above link?? what do u suggest?

Appreciate your help!!