self employed for only 6 months
Feb 23rd 2014, 8:02 am
#1
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Thread Starter
Joined: Feb 2014
Posts: 2
self employed for only 6 months
Hi Everyone,
I only became self employed via a limited company and I am the sole director. This was done in September 2013. I pay myself a £19,000 salary and any extra money will be paid as dividends in April. I got married in the end of January 2014 abroad and would like to apply for my wife to come live with me in the UK. I have done alot of reading about financial requirements and cannot find a category that fits for me. I am not an employee but am earning a salary higher that the threshold. I fall into self employed in a limited company but cannot produce accounts for 1 or 2 years.
Please advise whether it will be possible for me to apply for my wife and what documents would I need in support of this application.
Many thanks in advance.
M
I only became self employed via a limited company and I am the sole director. This was done in September 2013. I pay myself a £19,000 salary and any extra money will be paid as dividends in April. I got married in the end of January 2014 abroad and would like to apply for my wife to come live with me in the UK. I have done alot of reading about financial requirements and cannot find a category that fits for me. I am not an employee but am earning a salary higher that the threshold. I fall into self employed in a limited company but cannot produce accounts for 1 or 2 years.
Please advise whether it will be possible for me to apply for my wife and what documents would I need in support of this application.
Many thanks in advance.
M
Feb 24th 2014, 11:50 am
#2
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: self employed for only 6 months
Sounds like you are salaried and covered by paragraph 9 of FM-SE:
So you'll need to wait for the first year's accounts.
In theory:
but that's unlikely to be useful to you unless you can show strong evidence of having earned over the threshold in the 12 months prior to setting up your company. The UKBA ECOs are not well known for exercising their limited discretion!
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)-(d) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or 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, the latest such accounts.
(iv) If the company 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 Recognized Supervisory Body (as defined in the Companies Act 2006).
(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 latest VAT return (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £73,000.
(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 a director of the company 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 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.
(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or 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, the latest such accounts.
(iv) If the company 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 Recognized Supervisory Body (as defined in the Companies Act 2006).
(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 latest VAT return (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £73,000.
(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 a director of the company 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 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.
In theory:
D. (e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant.
Feb 24th 2014, 7:55 pm
#3
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Joined: Feb 2014
Posts: 2
Re: self employed for only 6 months
Thank you for your response Englishguygoinghome.
Please note that I can show 12 months salary before the company was set up with an income in excess of £20,000.
Should I apply now and enclose copies of my wage slips or should I wait another 6 months so that I get a full year of accounts?
I really want to apply now but don't want to if it is likely to be unsuccessful!
Thanks.
Please note that I can show 12 months salary before the company was set up with an income in excess of £20,000.
Should I apply now and enclose copies of my wage slips or should I wait another 6 months so that I get a full year of accounts?
I really want to apply now but don't want to if it is likely to be unsuccessful!
Thanks.
Feb 25th 2014, 8:48 am
#4
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: self employed for only 6 months
I've got no basis to give you any guidance on that question I'm afraid. I've not heard of any such cases in the past and haven't spotted anything in the regulations other than that small amount of discretion.
Personally, I'd be surprised if an ECO granted any application which they had the chance to deny. which is not a remark aimed at the ECOs themselves but rather at the agency they work for and the severe limitations that have been put on their discretion. But then - every now and then you get a pleasant surprise.
What do you have to lose by applying now? (passports gone for a few months, close to 1000GBP in fees costs of translations etc, having the "black-mark" of a refusal on record which shouldn't affect any future settlement application but would probably affect any visitor visas in the interim). Only you can weight up the risks against the potential reward of your wife being in the UK six months earlier.
Personally, I'd be surprised if an ECO granted any application which they had the chance to deny. which is not a remark aimed at the ECOs themselves but rather at the agency they work for and the severe limitations that have been put on their discretion. But then - every now and then you get a pleasant surprise.
What do you have to lose by applying now? (passports gone for a few months, close to 1000GBP in fees costs of translations etc, having the "black-mark" of a refusal on record which shouldn't affect any future settlement application but would probably affect any visitor visas in the interim). Only you can weight up the risks against the potential reward of your wife being in the UK six months earlier.
