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spouse visa rejected due to limited contractor

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jules3313
Newly Registered
Posts: 3
Joined: Wed Feb 22, 2012 5:27 pm

spouse visa rejected due to limited contractor

Post by jules3313 » Wed Feb 22, 2012 5:33 pm

Hi everyone

I need some advice, our visa got rejected because my husband runs a limited company in the UK. It is very successful and his income has been regular and high for the past 13 months, but they rejected on the basis that no corporation tax has been paid yet! he is a one man limited contractor

He was very thorough, letter from the accountant,ACCA approved, gave very good reference, 12 months bank statements both business and personal. There is easily 4-5k flowing through the business every month

We find this ridiculous, as a sole trader would only have to provide personal self assessment details, and he provided these for 2 years!! it seems there is some discrimination based on the fact that he runs his own business, even though he easily makes almost twice the national average

we have right to appeal, and would like advice on how to argue this in a constructive manner? We really can't wait until January 2013 before we have some document showing he has paid corp tax!!

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Wed Feb 22, 2012 6:04 pm

wow, this is very bad news.

I run my limited company as well but I have not paid the corporation tax for my first annual year yet as the deadline is still far away.

Has your partner missed the deadline to pay corporation tax? since when does the company has been trading? whats the deadline for the annual corporation tax to be paid by his company?
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

jules3313
Newly Registered
Posts: 3
Joined: Wed Feb 22, 2012 5:27 pm

Post by jules3313 » Wed Feb 22, 2012 9:00 pm

harv wrote:wow, this is very bad news.

I run my limited company as well but I have not paid the corporation tax for my first annual year yet as the deadline is still far away.

Has your partner missed the deadline to pay corporation tax? since when does the company has been trading? whats the deadline for the annual corporation tax to be paid by his company?
I think you will be ok, that was not the only reason. They also asked for an english test even tho I am exempt as I am from a majority speaking country...I think an easy appeal win is in the future, but we are furious that we have to wait longer for what should have been a straight forward approval..the solicitor is also shocked, but says not to worry

his year end was 31 jan 2012, so theoretically he could file a ct600 and pay corp tax straight away, but why should he have to rush just to satisfy some stuck up ECOs? the accountant is also fully booked and cant do it quickly, not till april/may anyway

it seems if you are a terrorist or criminal you get a visa issued easily on human rights (Al qatada for example) but the average hard working citizen has a far tougher time

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Thu Feb 23, 2012 10:27 am

Hi jules3313

hmm... year end in 31 Jan 2012 is even later then mine, so I am a bit worried now.

My company has been trading just over an year and the year end for my company was Oct 2011 for which we have the annual accounts done but the tax has not yet been paid because the deadline for the corporation tax to be submitted is usually a few months after the year end so mine is until November 2012 the due date for annual returns.

It is the real people who suffer with these rules all the time, it is so unfair!
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

pazpatel
Member of Standing
Posts: 268
Joined: Tue Aug 30, 2011 2:31 pm
Location: London

Post by pazpatel » Thu Feb 23, 2012 12:06 pm

I have had my own company for 2 years and two months now, we paid corporation Tax back in May of last year of £9,000 and we are due to pay another £5k for 2010 / 2011 in May of this year, I hope this does not go against me as there is no way in teh world I am paying the tax man early, they rob us as it is.

this is stupid most crap I have heard in a long time, if you dont work you get rejected, if you work you get rejected. Best to just claim benefits and sit on our arse right???

Anyway back to the point - They should not reject you for this? Does you husband pay him self through the limited company? Does he have payslips? Has he paid any tax either PAYE or though his company?

P

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Thu Feb 23, 2012 6:30 pm

What is the exact wording of your hubby's refusal?

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