Questions around UK settlement visa

[Jimchef81]

Hello there

New poster here, I've looked at old posts and taken in all the great info on here but have a couple of questions

Our situation is we have both been living together in Thailand for 3 years, we are not married but have a son together who was born in Thailand

My partner & 1 have visited the UK 3 times in the last 3 years, and she has never been refused a visa. this time it's our intention to return to the UK indefinitely so will be applying for an unmarried partner settlement visa

1. She has taken her English test 3 weeks ago and the test centre says her results will be available by the 27th November. The guy at the test centre said we wouldn't need to wait for the results to go to her VFS appointment, that we should just give her test centre number, ID number and the embassy will look up the results on-line. Is this true? and if not would it be safe to book the appointment now and then maybe delay it we are still waiting on results? Has anyone had experience of booking the VFS appointment, paying the Visa fee but then finding out the she / he failed the test?

2. My other question is on the supporting documents we should provide. For her 3 previous visit visas we have pretty thorough in supplying everything we can. does the fact that this is a settlement visa mean we should provide even more documents? if so what do you suggest? also in the past we have not had any of her documents translated, should we get them done this time?

this what we've provided in the past

Supporting documents enclosed

Applicant: xxxxxxxxxxxxxxxxxxxxxxxxxxxx (kae)

· Printed copy of visa application form

· 2 photos

· Appointment form

· National ID Card & copy

· Passport & Copy

· Birth Certificate & copy

· Certificates for change of name & copies

· payslips from last job

· Flight booking copy

· Quote for travel / medical insurance

· Copy of sons, Mamas, & papas ID card. with copies from Thai blue 'home' book

· Copy of Thai bank book

Sponsor: xxxxxxxxxxxxx

· Letter of undertaking to sponsor

· 3 months UK bank statements

· Passport & Copy

· Council tax bill & copy from UK home address

· Recent utility bill from UK home Address

· Previous year self assessment tax return

· Previous year company accounts

· 3 months Thai bank statements

Accompanying child: xxxxxxxxxxxxxxxxxx

· Birth certificate with English translation

· UK & Thai Passport copies

Other documents

· Various photos & pictures of us with family members in Thailand

· dateline of our time and travel together, showing us both living in Thailand, and being in England at the same times

· Assorted travel itineraries from trips we have taken together

· Skype records of phone calls on times I have returned to England

· Letter from our landlord in Thailand confirming we live together

Many thanks, Jim

[ThaiVisaExpress]

I'm assuming that you are applying with you as a self-employed sponsor ? If so, then your documentation is inadequate. If you are a sole trader, then the requirements are :

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:

(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.

(c ) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years): (i) annual self-assessment tax return to HMRC (a copy or print-out); (ii) Statement of Account (SA300 or SA302).

(c ) Proof of registration with HMRC as self-employed if available.

(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.

(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).

(f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions.

(h) One of the following documents must also be submitted:

(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or

(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);

(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;

(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

(iv) A franchise agreement signed by both parties.

The requirements are different if you are a director of your own limited company.

Has she had a TB test ?

Tony M

Edited November 4, 2014 by ThaiVisaExpress

[Jimchef81]

Thanks for the reply TVE

yep i am her sponsor. I'm not self employed but a director of a company where i own 60% of the shares

My income comes from £9K salary, £13K profit from property rentals, plus quite a bit more from Dividends from the company where i have a controlling interest.

she's had the TB test.

[ThaiVisaExpress]

I that case you will need :

Director of a specified limited company in the UK – specified evidence 9.8.1.

The evidence required to demonstrate income as a director of a specified limited company in the UK is specified in Appendix FM-SE: 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)3:

(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, such accounts for the last full financial year.

(iv) If company 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);

(v) Corporate/business bank statements covering the same 12-month period as 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 VAT return for the last full financial year (a copy or a 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.

(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.

Tony M

Edited November 4, 2014 by ThaiVisaExpress

[Jimchef81]

Thanks for that Tony, that's cheered me up no end to find out they don't need too much

[ThaiVisaExpress]

You're welcome

[Jimchef81]

Tony,

I've looked through that info you posted and tried to digest it but its a little confusing to say the least.

In the hope of keeping the required documents to minimum, I'll be using just my dividend income which easily exceeds the £18,600. with that in mind does that mean i still have to send documents regarding being a director / receiving a directors salary etc....can i get away with sending less.?, we are in thailand now and so to gather all the documents is going to be very difficult.

[ThaiVisaExpress]

Tony,

I've looked through that info you posted and tried to digest it but its a little confusing to say the least.

In the hope of keeping the required documents to minimum, I'll be using just my dividend income which easily exceeds the £18,600. with that in mind does that mean i still have to send documents regarding being a director / receiving a directors salary etc....can i get away with sending less.?, we are in thailand now and so to gather all the documents is going to be very difficult.

You have to provide all of the documents where it says "must be provided". In addition to the mandatory required documents, you can qualify with only dividend income as long as the dividend vouchers are provided, and bank statements confirming the dividend income being deposited.

In addition :

Where a person is relying on dividends from a UK limited company and they are also a director of that company, to count this dividend income under Category C evidence must be provided to show that the company is not of a type specified in paragraph 9(a) of Appendix FM-SE, which 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.

Where the company is of this type, income from dividends will be considered under Category F or Category G as appropriate. See section 9 of this guidance.

and,

9.7.3. Those who receive a salary and/or dividend income as a director of a limited company in the UK of the type specified above must provide all of the relevant specified evidence listed in section 9.8. Section 9.8 is the section I quoted to you, for directors, in my earlier post.

It would probably be a]good idea if you read the complete guidance, and let your accountant do the ground work for you. Annex_FM_1_7_Financial_Requirement.pdf

Edited November 4, 2014 by ThaiVisaExpress

[Jimchef81]

Thanks again Tony, looks like no short cuts!

[ThaiVisaExpress]

Thanks again Tony, looks like no short cuts!

Be careful about shortcuts. The UKVI in Bangkok will normally refuse the application if it is not complete. They do have some discretion to ask for further documentation if it is missing, but only if it is a single document, or one of a series.

Tony M

[Jimchef81]

Tony M,

can you perhaps advise me on their definition of "last financial year". My own situation with my company is that our most recent year end was 30 sept 2014, we don't have certified accounts yet for this year and therefore obviously wont have proof of filing them with companies house.

our time scale is very tight and to push this years accounts through, sign them off and file them would delay us by perhaps a month. would draft accounts with a covering letter saying they're being done soon be acceptable?

Jim

[ThaiVisaExpress]

Tony M,

can you perhaps advise me on their definition of "last financial year". My own situation with my company is that our most recent year end was 30 sept 2014, we don't have certified accounts yet for this year and therefore obviously wont have proof of filing them with companies house.

our time scale is very tight and to push this years accounts through, sign them off and file them would delay us by perhaps a month. would draft accounts with a covering letter saying they're being done soon be acceptable?

Jim

This is a quote from an email response from the Embassy in bangkok, from just one month ago :

"The financial year for most self employed people is April to April. However some companies do have a different accounting year. This is detailed on the CT600 form which forms part of the SE for a limited company. In these situations –if its detailed on the CT600 form-we accept their accounting year and will assess accordingly."

As your CT600 will show the end of your company year as September 2014, I suspect the Embassy will insist on accounts for that same "financial year" as it is "the last financial year".

Tony M