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UK Fiance Visa: shortened Tax year/ CT600 + other vaf4a Appendix 2 questions

Discussion in 'UK Visa and Immigration Help' started by Rolls, Aug 25, 2019.

  1. Rolls
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    Rolls New Member

    Advanced thanks for any help with this.

    Me and my Filipina fiance are currently applying for a UK Fiance Visa (from The Philippines).
    All other requirements are fine but as is quite common, it's the vaf4a Appendix 2 form and required docs that's giving me grief...

    I have run my own Limited Company for 3 years now (sole Director, and sole shareholder), and work as a contractor. My last 12 months of work (on and off: totalling about 8 months of actual work) I have earned
    enough to cover the income requirements. Every month I get paid into my business account for a contract, I usually: deduct 20% VAT, 20% Corp Tax, then roughly 6% for emergencies/ additional costs for the company.
    I then pay the remainder into my personal account. This amount always matches my Dividend Voucher amount.
    I'm currently still in contract, until at least December.

    Problem 1:
    - In June 2019, I shortened my tax year by 2 months (Aug 2018-Jun 2019), as we were going to apply, together with our kid's Right of Abode Visa. My normal tax year ends in August 2019.
    But, when my fiance took the TB test they found some lung scarring and we now have to wait for 2 months while they do the sputum test (should be getting the results in 2 weeks).
    Has anyone successfully applied with a shortened tax year, but with sufficient earnings in this tax period?
    Are immigration very strict on it being precisely 12 months? (I'm guessing, yes)
    If I ask my accountant to do another set of accounts for the remaining 2 months + add the 10 months accounts, would it be acceptable to use this combined year accounts?
    I know the official requirements state 'full' years accounts.

    Problem 2:
    I don't pay my pay slips and Dividend amounts separately from business to personal account. It's all combined into a monthly figure (after VAT and tax deductions).
    So every time I pay myself from business account to personal, it's the same amount as my Dividend Vouchers show, and there's nothing to show the pay slip amount being transferred from one account to the other. Nothing illegal, totally transparent but immigration may see this differently.
    Just wondering if this is acceptable?
    Is it possible to show income as Dividends only? (I wouldn't send the payslips then). But then I'm thinking there's no proof of paying NI.
    The other option (as long as it's legal), would be to ask my accountant to somehow combine pay + Dividends to reflect the same amount I have paid myself every month?
    (My accounts are unaudited, so I presume things can be changed?)

    Problem 3:
    Part 3C (vaf4a Appendix 2 form). I'm planning to use the self-employment section,
    and for Question 3.49: 'was your sponsor self-employed on the date of this application?' I'll tick 'yes'.
    But question 3.54: 'Is your sponsor registered as self employed in the UK with HM Revenue & Customs (HMRC)?' I'll ticked 'no', since I'm not.
    Then I can either put my income as the quite low pay slip total, plus in section 3D I'll add my Dividend earnings?
    And I'll add a note in an extensive cover letter stating I am registered with HMRC, but they don't classify a director as self employed.

    Question:
    Our kids (8 and 4) now have new Certificate of Entitlement/ Right of Abode (only took 3 days, happy days).
    Do we need to include them as dependants in the forms: vaf4a + vaf4a Appendix 2? Which would increase the income requirements.

    Again, many thanks in advance for any comments, advise on the above.
  2. bigmac
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    bigmac Well-Known Member Trusted Member

    welcome to the forum.

    i'll leave others to reply about your tax affairs, but on the subject of her TB test--my fiancee had the same experience--but it took 6 months of treatment with medication--plus the 2 months waiting for the all clear. so you might consider adjusting your application timescale in view of this.
  3. Rolls
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    Rolls New Member

    Thanks bigmac. That must have been really difficult, waiting the extra 8 months.
    Yeah, we've got another two weeks to wait for the sputum result. A lot of very tense waiting. Hopefully she's in the clear and we can submit everything by mid September...
  4. Rolls
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    Rolls New Member

    @bigmac , sorry forgot to ask. When your fiance had the initial TB test, did they find scarring in the x-rays, or some other positive TB result? Then she started treatment immediately, or did you also have to wait the 8-10 weeks for the result first? Only asking as we're dreading if the result comes back positive after already waiting 8-10 weeks. Thanks!
  5. bigmac
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    bigmac Well-Known Member Trusted Member

    i think it was a shadow on the lung. she had no inkling there was anything at all. the negative report was straight away--then the 6 months medication began. followed by 2 more months before she got the clear certificate.

    where was your fiancees test carried out ?
  6. Rolls
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    Rolls New Member

    That must have been a stressful time.
    We had it done in Manila, Makati. Trafalgar House, I think it was called. Our kids got the all-clear, but my missus didn't. She's perfectly healthy, and in hindsight the scarring could have been there since childhood or something. Anyway, I was so annoyed I asked for a different doctor's prognosis there. Interestingly, they each contradicted each other. One said it was bordering level a/b the other said bordering b/c. My suspicious nature I suspected the fault was me being there for the test. Maybe the doctor saw $ signs. Or they're just doing their job. Either way it was very stressful...
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    well--i'm sure it will turn out fine. there have been a couple of others on here with the same situation since we went through it.... but put the visa application on the back burner till she gets her certificate. meantime you can get your financial requirement sorted out.
  8. Rolls
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    Rolls New Member

    Yeah, thanks. Fingers crossed.
  9. Rolls
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    Rolls New Member

    Apologies if the message is overly long, but has anyone submitted split year accounts, or just shortened year? Much appreciated..
  10. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Can't help sorry buthave you looked through section 9 in the detailed guidance it might help you?
  11. Rolls
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    Rolls New Member

    No probs. Thanks @Mattecube
    Do you have a link for the Section 9 guidance please? If it's the end part of vaf4a Appendix 2, it's not very detailed?
    I've done a search, can't seem to find it anywhere. Thanks!
  12. Br28016
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    Br28016 Active Member Trusted Member

    https://www.google.com/url?sa=t&sou...Vaw20XLPqtFilBDDM5voKKdXc&cshid=1567102262626

    Hopefully that link works

    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

    This one may also be useful.

    Need to list children but do not count in income calculation as detailed below (from above link)

    Financial requirements
    E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

    1. (a) a specified gross annual income of at least-
      1. (i) £18,600;
      2. (ii) an additional £3,800 for the first child; and
      3. (iii) an additional £2,400 for each additional child; alone or in combination with
    2. (b) specified savings of-
      1. (i) £16,000; and
      2. (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or
    3. (c) the requirements in paragraph E-ECP.3.3. being met.
    1. In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-
      1. (a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
      2. (b) applying for entry clearance as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
      3. (c) not a British Citizen or settled in the UK; and
      4. (d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (EEA) Regulations 2006.
  13. Rolls
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    Rolls New Member

    Perfect, thanks @Br28016. I've been looking for the official financial requirements document for ages.
  14. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    @Rolls I see you now have the link for the guidenceI referred to in my previous post.
    Section 9 I think is the area to help you
    good luck
  15. Rolls
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    Rolls New Member

    Thanks @Mattecube . Yeah, it's all starting to make a lot more sense now, reading the Detailed Guidance notes.
    Still, would be great to hear if anyone's had a successful application with shortened tax year?
    I'll probably have to include the previous years accounts, and hope they allow an overlap of the missing two months...
  16. bigmac
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    bigmac Well-Known Member Trusted Member

    surely if you meet the fiancial requirement in the year--what does it matter if you earned the money in one week or one year. its the total income before tax that counts.
  17. Rolls
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    Rolls New Member

    I know, you would think so. But sometimes bureaucracy and common sense don't always go together with these things. I hear the case workers use a checklist, and if something doesn't tally, like the full 12 months it may be a negative check in that particular box.
    And the official requirements for Appendix 2 has this repeated throughout:
    "the last full financial year."
    "12-month period as Company Tax Return CT600"

    I may have to take a gamble with the 10 month tax year + provide a serious cover letter explaining everything. I mean it's all totally transparent and above board, so in theory should be acceptable...
  18. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    how long have you been self employed?
    have you got a full year 18/19?
  19. Rolls
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    Rolls New Member

    I've run the Limited company for 3 years now. I'm the sole director and employee, and pay myself a basic monthly pay + the rest in dividends (so, self-employed for the case of immigration, but not for HMRC).
    I haven't got a full year 2018/2019. My company tax year usually runs from August to August. But because we were going to apply in June 2019 for both my fiance's visa + our kids (who now have their Right of Abode), I had to cut the year short for this year. So it runs from August 2018 to June 2019. My fiance had to go through the TB sputum test in June, so we couldn't process the visa yet.
    Now in theory, if the income requirements are enough within 10 months + all tax/ VAT forms have been sent to HMRC for the shortened year + I can prove continuous income after June, it should be fine. But who knows.
    It's been mentioned on some groups that someone knew someone who's applications were accepted with a shortened tax year. But haven't found an actual message from those people...

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