Audited accounts!

[myegin11]

Hi

I would really appreciate if you could help on this matter.

We have applied for my wife's visa 2.5 months ago and today we received the refusal letter based on the fact that I haven't provided audited company accounts.

Normally, I prefer being on the safe side. When I was preparing the documents, I asked my accountant about "audited" accounts. They told me that it's only for large scale companies and although can be acquired for smaller companies it should not be really requested. I insisted for "Audited" accounts. Then he told me he called Home Office and that they said they would accept "Unaudited" accounts if they are signed by the accountant and the person/sponsor who is applying.

I thought that would be OK and sent the unaudited accounts with my application. They held the application for 2.5 months and today we received the refusal letter stating that they request "Audited" accounts and since I haven't provided it, they did not believe I met financial requirements.

I provided last 2 years company bank statements (having much more than the savings limit they ask for), 2 years personal bank statements, dividedn vouchers, payslips, CT600, CT603, VAT registration, ... Everything. And they still rejected it.

I called UKBA today and the lady on the phone was not really helpful and trying to hang up the phone and not giving any useful information.

I heard from people that appeal time would be long, 3.5-7 months.

- Do you think there's a ground to make an appeal (I read here that others sending unaudited accounts were granted the visa but it might be just the caseworkers initiative)?

- Assuming I am OK to pay for a fresh application, do you think a fresh application would be more reasonable (their processing time is currently 2-2.5 months) than making an appeal?

- Is there any drawbacks of making a fresh application against making an appeal or vice versa?


Thanks

[equitydealer]

If time is important to you I'd go for a fresh application.

The audited v unaudited accounts, I don't see any set requirement in the immigration rules so I guess it's down to each ECO to use their judgement. One thing I know about the UKBA, always be cautious in situations like this and therefore provide audited accounts. Any excuse for some ECOs to refuse applications!

Business savings are just that...it belongs to the company and not you even if you have 100% share ownership.

Are you taking a salary of over 18,600 or does your total include dividend income? Did you include your P60?

[one2ka4]

Hi, could you tell us that which VFS office did you apply from?? I am really worried of our visa application as we never submitted Audited accounts too.

something definitely need to be done to get all these ECOs to be educated, as they are making our life really hard..

[myegin11]

As I said, I normally prefer to be on the safer side. But I thought what the Home Office advised was relieving enough. We stated in our cover letter that we asked UKBA about the documents we were sending.

And it seems the updated regulations for evidence now states "Unaudited accounts" are OK as well. This was not there before. This means what HO advised was in line with their expected practice and my accountant was not lying.

9. In respect of self-employment in a limited company based in the UK all of the following must be provided:
...
(d) (i) If the applicant's business is a registered company that is required to produce annual audited accounts, the latest such accounts; or
(ii) If the applicant's business is not required to produce annual audited accounts, the latest unaudited accounts 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).

- Do you have any idea for processing time for this kind of appeals?
- Can we do a fresh application during an appeal?
- Is it possible to recall an appeal?
- Which appeal type is quicker? Oral hearing or paper based?
- Isn't it disturbing that the caseworker's initiative can be that critical?

@one2ka4: We applied from Turkey.

[batleykhan]

As I said, I normally prefer to be on the safer side. But I thought what the Home Office advised was relieving enough. We stated in our cover letter that we asked UKBA about the documents we were sending.

And it seems the updated regulations for evidence now states "Unaudited accounts" are OK as well. This was not there before. This means what HO advised was in line with their expected practice and my accountant was not lying.

9. In respect of self-employment in a limited company based in the UK all of the following must be provided:
...
(d) (i) If the applicant's business is a registered company that is required to produce annual audited accounts, the latest such accounts; or
(ii) If the applicant's business is not required to produce annual audited accounts, the latest unaudited accounts 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).

- Do you have any idea for processing time for this kind of appeals?

Appeals normally take 6 months, but on receipt of your appeal, the ECM is obliged to review earlier decision to see whether it is still justified in view of your reasons or documents you have sent with appeal. This normally takes 3 months on average


- Can we do a fresh application during an appeal?


Yes you can


- Is it possible to recall an appeal?

Just withdraw appeal by notifying IAT if new application is successful


- Which appeal type is quicker? Oral hearing or paper based?

Paper is quicker as the adjudicator can decide it without fixing a date for a hearing. Oral hearing takes longer but is more likely to succeed because you can attend hearing and can have input in oral hearing where you don't have that at paper hearing

- Isn't it disturbing that the caseworker's initiative can be that critical?


No comment on this



@one2ka4: We applied from Turkey.