Fiancee Visa Self employed year end question. Please help!

[jd147]

Hi everybody, I've been reading through the forum here and its been very helpful.

I am the process of preparing to apply for a fiancee visa for my girlfriend for the UK. I am self employed and my financial year-end is at the end of May. I have read through the 'Financial requirements' document many times but I cant work out if they will except my year end or expect me to change to April (I think this would mean waiting another year for the full April to April accounts).

So my question is; if I apply once my financial year ends in May, with a full year of accounts from May 15 to May 16, will they accept them?

Also could anyone give me a rough idea of how long it takes to get the required documents from HMRC? I ask as I need to book flights at some point prior to my application.

Thanks in advance, I'd be really grateful for any advice.

Joe

Edited November 27, 2015 by jd147

[Tony M]

Most of the documents you require already refer to the "normal" tax year ( SA302, Tax return,etc). However, the requirements are clear that ALL documents must refer to the last full financial year ( that is, April 6th - April 5th, including your business accounts). You will therefore need to get your accountant to draw up a new set of accounts that cover the required period.

[jd147]

Thanks for the quick reply Tony. Appreciate it

So in that case I would have to change my year end date to this April 2016 (this would cover the shorter period of May 15 to April 16) and then wait for the following year for a full set of accounts?

I was afraid this might be the case but it seems unreasonable as 9 out of 10 self employed individuals will have a different financial year end depending on when they started trading.

Joe

[rasg]

How long have you been self employed?

I have applied successfully this year for two visit visas and in each case I supplied my previous two years worth of accounts but also my last VAT return. Also the latest three months of transactions of my business account and my main personal account and screen dumps of my savings accounts. I realise that a settlement visa is quite a bit different from a visit visa though and the requirements are a lot more detailed. I'll be doing the same in the new year. My accounts end of year is the 30th April and I haven’t submitted them yet. )

I doubt that they would expect you to change your accounting dates. As far as I can see they are looking for your last full financial year where you have submitted them to HMRC. This is what it says on the settlement visa requirements.

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):

If you haven't already, take a look at the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

Page 61. There is nothing in there that says you have to change your accounting dates...

Edited November 27, 2015 by rasg

[Tony M]

Thanks for the quick reply Tony. Appreciate it

So in that case I would have to change my year end date to this April 2016 (this would cover the shorter period of May 15 to April 16) and then wait for the following year for a full set of accounts?

I was afraid this might be the case but it seems unreasonable as 9 out of 10 self employed individuals will have a different financial year end depending on when they started trading.

Joe

You just need your accountant to re-do your accounts for the last full financial year (that is, for the year 2014/2015). It's only a matter of redoing the figures. You don't need to wait for another financial year to end.

[jd147]

Rasg,

I've been self employed for 3 years (running May till May) and have earned an excess of the requirements in all 3.

This is where I got confused, right after your quote referring to the 'last full financial year' the next section says.....

"9.3.1.

For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered

by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year."

I hope your right Rasg, I just hope I can find out for sure before applying as the fee is a lot money. At the same time waiting a year and 5 months for full April to April accounts just to start the application would be very tough.

Thanks

Joe

[jd147]

Tony,

I'm no expert but I think If my accountant was to redo the accounts to end this April the SA302 would only reflect May 14 to April 15. As they would be based on the tax I've paid and owe based on my financial year? Although I may have the wrong Idea. I will book an appointment with my accountant for January when I'm back in the UK to see if this is possible.

Thanks again.

[rasg]

Sorry. Only just seen your post. I was editing the other one a little.

The requirements are onerous enough without having to pay your accountant to redo your accounts for different dates. Surely?

The problem with any of these questions, and I've had a few over the last six months, there is nobody to phone from the UKBA and these difficult questions are not covered in the FAQs. So frustrating.

I tried the £1.37 a minute line a few weeks ago and the woman on the other end couldn't, and to one question, wouldn’t answer the questions. Bonkers.

[Tony M]

Rasg,

I've been self employed for 3 years (running May till May) and have earned an excess of the requirements in all 3.

This is where I got confused, right after your quote referring to the 'last full financial year' the next section says.....

"9.3.1.

For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered

by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year."

I hope your right Rasg, I just hope I can find out for sure before applying as the fee is a lot money. At the same time waiting a year and 5 months for full April to April accounts just to start the application would be very tough.

Thanks

Joe

All of the documents required under Appendix FM-SE must be for the same period. That is clearly stated in FM-SE, and the section you quote (9.3.1) confirms it. You cannot submit, a form SA302 for the tax year 6th April- 5th April and accounts for a different period.

As I said earlier, you don't need to wait until the end of the next tax year. Just get your accountant to draw up a set of accounts for the last full financial year (as long as they meet the financial requirement, of course). Put a letter of explanation in with your application, as UKVI are used to seeing this situation with sole traders, etc ( and you can attach the original accounts if you wish to support your explanation). The problem is, of course, that if you submit accounts that are not for the last full financial year, then the ECO must refuse the application as he has no discretion to issue a visa.

[Tony M]

Sorry. Only just seen your post. I was editing the other one a little.

The requirements are onerous enough without having to pay your accountant to redo your accounts for different dates. Surely?

The problem with any of these questions, and I've had a few over the last six months, there is nobody to phone from the UKBA and these difficult questions are not covered in the FAQs. So frustrating.

I tried the £1.37 a minute line a few weeks ago and the woman on the other end couldn't, and to one question, wouldn’t answer the questions. Bonkers.

You are right. The requirements are called "Specified Evidence" but they are not exactly what one might expect from specified requirements. I agree that you might not want to pay your accountant to re-do the accounts, but weigh that against losing your 956 GBP application fee, and having to pay it again for a new application. If there are children involved in the application too, then the "cost" of having to re-apply goes up even more !

[rasg]

I bow to your greater knowledge.

All I can say is that it makes me happy that my accounting dates are from 6 April to 5 April.

[jd147]

Rasg,

I've been self employed for 3 years (running May till May) and have earned an excess of the requirements in all 3.

This is where I got confused, right after your quote referring to the 'last full financial year' the next section says.....

"9.3.1.

For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered

by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year."

I hope your right Rasg, I just hope I can find out for sure before applying as the fee is a lot money. At the same time waiting a year and 5 months for full April to April accounts just to start the application would be very tough.

Thanks

Joe

All of the documents required under Appendix FM-SE must be for the same period. That is clearly stated in FM-SE, and the section you quote (9.3.1) confirms it. You cannot submit, a form SA302 for the tax year 6th April- 5th April and accounts for a different period.

As I said earlier, you don't need to wait until the end of the next tax year. Just get your accountant to draw up a set of accounts for the last full financial year (as long as they meet the financial requirement, of course). Put a letter of explanation in with your application, as UKVI are used to seeing this situation with sole traders, etc ( and you can attach the original accounts if you wish to support your explanation). The problem is, of course, that if you submit accounts that are not for the last full financial year, then the ECO must refuse the application as he has no discretion to issue a visa.

I see what you mean, that's very helpful. To be honest I wasn't sure about these SA302s, So they always show the tax year rather than the individuals financial year? I see why the accounts must match that. So If I apply in June, I would still use those accounts from April 15 to April 16 plus all the additional documents to show that I'm still working and so on.

[jd147]

I bow to your greater knowledge.

All I can say is that it makes me happy that my accounting dates are from 6 April to 5 April.

If only I'd known!