New FM Partner Visa Application/ Self Employed

Old Jan 15th 2020, 5:42 am
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Default New FM Partner Visa Application/ Self Employed

Hello,

I'm in the process of applying for a visa for my partner so we can get married and eventually apply for leave to remain.

As I'm self employed I've submitted my accounts myself by doing a self assessment return.

Due to my current accounts not due for submission until 31 Jan 2020, the accounts I'm using for the application are April 2017-April 2018

Part of the requirement states I must submit "unaudited accounts & an accountants certificate of confirmation"

I have managed to find an accountant who has provided me with a certificate of confirmation as I provided him with a print out of my 2017-18 tax return.

My concern is that I don't have unaudited accounts to submit alongside this letter as I used self assessment.

Does the certificate of confirmation mean I don't need to produce unauditied accounts, or will the application be rejected as I don't have them ?

Any advice will be greatly appreciated.
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Old Jan 15th 2020, 6:00 am
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Default Re: New FM Partner Visa Application/ Self Employed

Originally Posted by GreenLDN
My concern is that I don't have unaudited accounts to submit alongside this letter as I used self assessment.
They simply want to see whatever records you keep for tax purposes. Not sure how you do yours, whether it's using a service or doing it yourself, but just submit whatever that is. For instance, I'm also self-employed as a sole trader and do self assessment, I just keep Excel spreadsheets for all of my income and outgoings so that's what I would use as my 'unaudited' accounts. So you'd use your records, whatever you showed the accountant (hoping he didn't just do the Confirmation based off your tax return, as he should have checked your accounts too and made sure the tax return was right, that's what he's supposed to have confirmed!).

And I thought they asked for records for the last financial year - so that would be to April 2019, meaning you'll need to finalise your accounts and submit them before you can apply for your spouse visa. The forum pros will correct me if I'm wrong on that, but I thought it's the last financial year they require.

Last edited by christmasoompa; Jan 15th 2020 at 6:06 am.
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Old Jan 15th 2020, 6:56 am
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Default Re: New FM Partner Visa Application/ Self Employed

Originally Posted by christmasoompa
They simply want to see whatever records you keep for tax purposes. Not sure how you do yours, whether it's using a service or doing it yourself, but just submit whatever that is. For instance, I'm also self-employed as a sole trader and do self assessment, I just keep Excel spreadsheets for all of my income and outgoings so that's what I would use as my 'unaudited' accounts. So you'd use your records, whatever you showed the accountant (hoping he didn't just do the Confirmation based off your tax return, as he should have checked your accounts too and made sure the tax return was right, that's what he's supposed to have confirmed!).

And I thought they asked for records for the last financial year - so that would be to April 2019, meaning you'll need to finalise your accounts and submit them before you can apply for your spouse visa. The forum pros will correct me if I'm wrong on that, but I thought it's the last financial year they require.
Thanks for your response,

Firstly, I'm a London Taxi Driver,

I submit my own self assesment and I keep records of this by writing in an expense book, I'd love to do spreadsheets but I don't have a clue!!

I receive payment in 3 different ways,

1) Cash, which I write in my expense book
2) Cards, which I get a monthly statement for from my CC terminal provider
3) Apps, which I also get a statement for which comes weekly

Aside from that, my expenses are the usual, so I keep fuel receipts etc,

Once the self assessment is due, I add up all the in comings, subtract all the outgoings and do the self assessment myself based on those figures.

All of the above was what I gave to my accountant in order to get the certificate of confirmation.

I understand what you are saying about the last financial year, I'm not sure of the exact terminology in visa application but I'm pretty sure it said something like the last full financial year, it also said you can use the past 2 years if needed to meet the threshold.

I didn't need to do that as my last available return easily exceeds the threshold but I started this application in October last year, getting all the right docs and TB tests & English language certificates has taken a while.

The cut off for the tax year 2018-19 is 31st Jan 2020, the way I see it is the last full accounts I have is 2017-18, I can't provided accounts for a year if they haven't been finalised yet.

Do you think I should just photocopy everything I sent to my accountant, bearing in mind that an excel spreadsheet would literally be just figures on a page? or should I just list everything on an A4 piece f paper?

Thanks again, really appreciate your response.
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Old Jan 15th 2020, 9:28 am
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Default Re: New FM Partner Visa Application/ Self Employed

From reading Section 7 of the Appendix FM-SE, I would understand that your last full financial year was from April 2018 to April 2019:

7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
  1. (a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
The fact that you have not finalised them, is not, I understand, a legitimate reason for not producing them. If they have to be finalised by end of January, I would propose you submit your visa application after that date, so you have the most relevant and up to date accounts.

The use of 2 years of accounts is to show that the average of 2 years, puts you above the threshold of 18,600 GBP of income.

In section 7h of Appendix Fm-SE, it states:

(h) One of the following documents must also be submitted:
  1. (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
  2. (bb) If the business 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;
  3. (ii) 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;
  4. (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
  5. (iv) A franchise agreement signed by both parties.
If out of the list above you are only providing the accountant's certificate of confirmation, then you need to produce unaudited accounts also.

If your accountant has the records you keep, maybe he could put them into some kind of 'official looking' document for submitting with the visa application.

Below is t he link to Appendix Fm-SE for you to read section 7 yourself:

https://www.gov.uk/guidance/immigrat...ified-evidence

Last edited by SanDiegogirl; Jan 15th 2020 at 9:30 am.
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Old Jan 15th 2020, 9:47 am
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Default Re: New FM Partner Visa Application/ Self Employed

Thank you for your reply,

i have already submitted an application based upon my accounts from 2017-18

do you recommend cancelling that application and resubmitting using my latest accounts, which will be 2018-19

or continuing with the application and just including the latest accounts with the submitted documents

thanks again
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Old Jan 15th 2020, 11:03 am
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Default Re: New FM Partner Visa Application/ Self Employed

Originally Posted by GreenLDN
Thank you for your reply,

i have already submitted an application based upon my accounts from 2017-18

do you recommend cancelling that application and resubmitting using my latest accounts, which will be 2018-19

or continuing with the application and just including the latest accounts with the submitted documents

thanks again

Ok now it is getting confusing. Are you suggesting submitting your accounts from 2018 to 2019? Although a) you said you did not have current accounts/tax returns and b) doesn't your application refer to the income you made in 2017-2018?
Personally, I would cancell the application, get my 2018-2019 tax returns/accounts in order, get my accountant certificate of confirmation (for the year I am submitting) and re-submit.
.... but that's me.
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Old Jan 18th 2020, 11:39 pm
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Default Re: New FM Partner Visa Application/ Self Employed

Originally Posted by SanDiegogirl
Ok now it is getting confusing. Are you suggesting submitting your accounts from 2018 to 2019? Although a) you said you did not have current accounts/tax returns and b) doesn't your application refer to the income you made in 2017-2018?
Personally, I would cancell the application, get my 2018-2019 tax returns/accounts in order, get my accountant certificate of confirmation (for the year I am submitting) and re-submit.
.... but that's me.
Agreed. And you should submit the application before the end of this financial year.
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Old Jan 31st 2020, 4:00 am
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Default Re: New FM Partner Visa Application/ Self Employed

Took your advice and cancelled my visa application.

I've now got my 2018-19 accounts all professionally drawn up by my account, plus a new certificate of confirmation.

I'll let you both know how it goes, just wanted to thank you both for your advice.

All the best.
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Old Jan 31st 2020, 5:30 am
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Default Re: New FM Partner Visa Application/ Self Employed

Well done, best of luck with the new application and let us know how it goes.
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