FLR-M financial advise please

[ramayer]

Hi guys great forum I have just come across here.
My wife is applying to extend her visa next month spouse to me a Uk national.
I am very worried after reading a lot of posts that our financial evidence/documents might be an issue.

My wife works on a contract for over 12 months earning £10800 a year

I am now a 50% managing director of a company I have worked for over 10 years, the company changed form a sole trader to ltd company 3 years ago.

The last full set of accounts to end of may 2018 show i earned £9430 employed salary and £24000 in dividends.

I have all the documents to prove this P60, letter from account, company accounts etc.. everything they have asked for.

The issue is as a director the way I paid myself has altered , so its quite normal for me to pay myself approx £1800 a month to cover my living expenses and then a dividend at the end of the year. The problem is the salary and pay slips for HMRC dont match this £1800 living cost figure on my bank statements.
I assumed this is quite common with directors running there own business, and that they will be aware and go off the official tax forms? and the fact the basic salary doesnt match the amount in the bank statements would be ok?

I am very concerned this might be an issue and even though its clear our combined income of approx £44300
can be accounted for they may have an issue or be unaware of how directors are allowed to pay themselves. Any help or advise on this would be greatly appreciated. Thank you.

Edited May 13, 2019 by ramayer

[rasg]

Have you checked your figures for your salary for 2019? You will need the latest accounts which from what you have said would be May 2019 and not 2018?

 

I'm not familiar with the workings of a limited company in the way I am with being self employed but I do know to use your wife's salary, her money as part of the finances for the visa, it does need to be banked into an account controlled by her or you and her as a joint account. I found about that one a few weeks ago when my wife applied for FLR. If she is paid in cash and doesn’t bank it, it can be major problem.

 

It took me a while to find out that these guidelines exist at all as nothing is mentioned on the new Internet application form. My recommendation is that you take a look at the following link:

 

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

 

I originally sent the guidelines to my accountant and asked him to sort it out for my wife's settlement visa and her first FLR.

 

 

[ramayer]

Thanks for your reply, my wife's is paid into her bank account with p60, pay slips etc so should be allowed, the tax year has to be the last full tax year so may 30th 2017 to may 30th 2018 unfortunately, its weather all the other documents will be enough to prove my income so that the fact the payslips dont match payments into the bank account ldont match doesnt matter. Fingers crossed.

[rasg]

When do you plan on applying? I think you will find if It's after 30th May 2019 you will need the 2018/2019 accounts.

 

 

 

[ramayer]

Hi we are applying next week the accounts for may 2018 - 2019 wont be done for a few months, so its confirmed as the last full financial year of the company.

[rasg]

If you haven't already, I really do recommend that you send the company guidelines to your accountant and get them to check that your financials and bank statements fulfill the requirements. It's an expensive mistake if a visa is refused.

 

When my wife's FLR2 visa went it we had just over two weeks to get the accounts prepared, bank statements stamped etc.

[Tony M]

I think that, if you are combining salary (your wife's) with self - employed income (your's) you will find that the evidence of those incomes must be from the same period. That is, if you are using documentation from the self - employed tax year May 2017 to May 2018, then your wife's salaried employment evidence must be for the same period. I don't think you can mix two financial periods to meet the requirement :

"Where a couple are using their joint income to meet the financial requirement, all of this income must fall within the financial year(s) being relied on and must still be a source of income at the time of application. For example, if the applicant is in the UK with permission to work, to combine their salaried employment income with their partner’s self-employment income, they must provide evidence of the income received from this salaried employment during their self-employed partner’s relevant financial year(s) and evidence of ongoing employment at the date of application."

[ramayer]

Hi chaps, gone through the application and submission yesterday, got this email just 3 hours later, is this an acceptance?

 

"

I’m pleased to confirm that your application for leave to remain as a spouse has now been granted. You will receive your decision letter and biometric residence permit (BRP) in due course and these will confirm your immigration status.

 

Thank you for using our service."

[rasg]

Did you say you submitted the application yesterday? Presumably you paid for the superfast service?

[ramayer]

Yes it was super priority. A lot of money but hopefully worth it as we have a family wedding in Spain to get to in June.

[rasg]

Don't forget that she will need a Schengen visa to go to Spain. Spain is one of the most difficult countries to apply to. If you haven't already, go on the Embassy website and check the requirements.