Settlement visa problem - urgent

[jay0702]

I have a problem and I was wondering anyone could help? I will shortly be applying for a settlement visa for my soon to be wife. The problem is, I am divorced but my ex-wife is still on my mortgage and house deeds. I have a declaration of trust (legal document), which she has signed, stating that she accepts that she no longer has any financial interest in the property as long as I keep making the mortgage payments. So obviously she will show on these documents when I provide them for the visa application.

Do you think that this may be a problem?

Furthermore, I am self-employed and was wondering if anyone can clarify something else for me? I have attached a document and the paragraph marked 9.3.3. is the one that I refer to. Can anyone clarify/confirm that I need to provide a copy of my accounts for this past financial year 2015/16? I do not usually get my accountant to do this until the end of the year as it does not need to be in until January of next year.

If anyone can help it would be very much appreciated. By the way, I am going over to Thailand at the end of this month so there is very much a time factor to any replies.

self employment 166353.pdf

[Tony M]

Are you a sole trader or a director of your own company ? Sole traders usually, but not always, have a tax year ending 5th April. Directors of limited companies have a tax year that can end 12 months after the company was started, and the same each year. That could also be the end of March, but may not be.

If your tax year ended on 5th April 2016, then you have to provide the documentation to match that tax year. UKVI don't care when you usually do your tax return, etc. They require the tax return, etc for the last tax year. If you want to apply soon, then you will have to tell your accountant to submit the tax return now, and get all corresponding documents for the same period.

I can't see that the documentation for your property would be a problem.

[jay0702]

Are you a sole trader or a director of your own company ? Sole traders usually, but not always, have a tax year ending 5th April. Directors of limited companies have a tax year that can end 12 months after the company was started, and the same each year. That could also be the end of March, but may not be.

If your tax year ended on 5th April 2016, then you have to provide the documentation to match that tax year. UKVI don't care when you usually do your tax return, etc. They require the tax return, etc for the last tax year. If you want to apply soon, then you will have to tell your accountant to submit the tax return now, and get all corresponding documents for the same period.

I can't see that the documentation for your property would be a problem.

Hi Tony

thanks for getting back to me. I am a sole trader. Would a letter from my accountant estimating my earnings be acceptable? The figures should roughly work out at £35-40,000.

Also, should I have been writing hand written letters to my fiancee, at least twice a week, or are Skype and Line transcripts, along with evidence of my visits acceptable?

Many thanks

[rasg]

Why do you need to supply your house deeds at all? For the GF's settlement visa back in late February I supplied my latest mortgage statement, a photo of the outside of the property, and a council tax bill.

If you are self employed you will have to provide much more than a letter from your accountant to prove your earnings. Here is what I supplied.

My latest set of accounts and bank statements covering the 21 month period. Each month was printed out, stapled together and the first page was stamped and dated by my local Santander.

SA302 accounts document provided by HMRC after I had submitted my accounts.
VAT returns for the same period.

Your question about which set of accounts you provide I am not sure about and I have to find out for myself as I will be applying for FLR in August. Logic tells me that your 205/2016 accounts will be needed but I don't know. Most of us leave it until the last minute to submit our accounts and I would love it if I can use the accounts that I used on the Settlement Visa.

I relied on many, many photos of us in Thailand and Christmas in the UK with my family along with a few flight bookings and boarding passes and a few hotel bookings. That was all. I pointed out in my sponsor letter that to print out all of our whatsapp and skype logs would weigh more than the baggage allowance to Bangkok.

Hope some of this helps.

[Tony M]

Are you a sole trader or a director of your own company ? Sole traders usually, but not always, have a tax year ending 5th April. Directors of limited companies have a tax year that can end 12 months after the company was started, and the same each year. That could also be the end of March, but may not be.

If your tax year ended on 5th April 2016, then you have to provide the documentation to match that tax year. UKVI don't care when you usually do your tax return, etc. They require the tax return, etc for the last tax year. If you want to apply soon, then you will have to tell your accountant to submit the tax return now, and get all corresponding documents for the same period.

I can't see that the documentation for your property would be a problem.

Hi Tony

thanks for getting back to me. I am a sole trader. Would a letter from my accountant estimating my earnings be acceptable? The figures should roughly work out at £35-40,000.

Also, should I have been writing hand written letters to my fiancee, at least twice a week, or are Skype and Line transcripts, along with evidence of my visits acceptable?

Many thanks

Why can't your accountant just do your accounts ? Is there some reason that they can't be done immediately after the tax year ends ? There is guidance on this, which says (my underscore) :

The evidence submitted must cover the relevant financial year(s) most recently ended. A self-assessment tax return may include provisional figures, where the return explains why this is so and how the figures were arrived at, and in which case a covering letter explaining this and how any provisional figures tie in with other material submitted, e.g. audited or unaudited accounts, may be helpful. This means that a sponsor wishing to rely on earnings from self-employment as a sole trader, as a partner or in a franchise will need to arrange to file their self assessment tax return to HMRC on a timescale geared to meeting this requirement of the Immigration Rules rather than the deadline set for UK tax purposes.

Skype and chat app printouts are acceptable. Even Entry Clearance Officers live in the technological age, so they expect to see these forms of communication.