evidence of finances query

[scorpiolady]

Sorry if this is a bit long winded!!! I'm getting married in 4 weeks time to a Jamaican, in Jamaica. We have been engaged since 5th January 2008 but have known each other for 22 months. When I go over to get married that will be my 5th visit to him.

He was refused a visitor visa last November to come for a 2 week holiday. In the refusal it stated that his bank account had been substantially boosted over the previous 3 months but didn't take into consideration that he was working and also had a car that he used as a taxi. He did provide the documents to support this! Furthermore although I had provided bank statements (personal and company) and evidence of my funds they said that it did not show that I was financially able to finance his visit and therefore they were not satisfied that he could be maintained and accommodated adequately without recourse to public funds. Now without being funny, I earn in excess of 38k per year and this was clear on my bank statements. The company bank statements clearly state where the money comes from and the personal statements show my outgoings in the form of direct debits for bills etc.

I did make a complaint via my MP but to date I have not had a proper explanation from the ECM in Kingston as to why 38k is not enough to keep myself and one other person!! I am aware that the refusal rate for visitor visa's for Jamaicans is currently around 69% and that it doesn't attract full right of appeal. That was a statement made by an ECM at an Immigration Forum which I attended last November in Birmingham.

That aside I now have a list of documents dating back since we've known each other (November 2007) which I've collected to supplement the spouse visa application for him and his two daughters such as family photo's of us, engagement photo's, printed off internet chats we've had, itemised telephone bills (landline and mobile), utility bills, bank statements, photo's of the house etc. Of course we will have the marriage certificate and wedding photo's as well.

My problem is that because I work self employed as a limited company, I provide services and invoice agencies in order to get paid. Therefore I do not have pay slips in the normal sense. Will I have to send the invoices in place of pay slips and also would it be a good idea to get a letter from the Manager of the company I provide services for? Is there anything else I've missed out that would help with the application?

Thanking everyone in advance for any replies!!

[Wanderer]

You can't be self employed AND a limited company, what I think you mean is you are a director and sole employee of your own limited company. I am a qualified accountant BTW, but not practised for 18 years, I do IT now!

And you take a minimum salary and maximum dividends to minimise your tax burden. Done it myself!

So your salary looks poor and your income relatively high.

I'd explain to the ECO's that it's normal in whatever your industry is (for me IT) to finance urself in this way, banks understand it, I'm sure the average ECO might with the help of a hammer.

Remeber tho ur liable for IR35 and with the increased connectivity of the HO IT systems (Project Icarus) it might trigger off an investigation.

[scorpiolady]

Thanks for that...Yes I am as you say a director and sole employee of my own limited company and I do have a certified accountant to do my accounts. Would it be better for me to get something in writing from him to explain my situation?

[John]

You can't be self employed AND a limited company, what I think you mean is you are a director and sole employee of your own limited company. I am a qualified accountant BTW, but not practised for 18 years, I do IT now!

Wanderer, I am a Tax Consultant, and fully understand why you have posted the above. However tax is not the only issue here, and whilst it is totally confusing that this is the case, different pieces of legislation come to different conclusions!

For example, and not saying this is relevant here, but the definition of Self-Employment in the EU regulations means that someone operating in the way as described by scorpiolady is Self-Employed for the purpose of those EU regulations.

That means, for example, that those from Bulgaria and Romania, who have to get permission to be employed in the UK at the moment, but do not need permission to be Self-Employed, can legally operate in the way as described by scorpiolady, even though from the tax point of view they are employed.

scorpiolady, sorry to digress, this makes no difference to your own situation.

Yes I am as you say a director and sole employee of my own limited company and I do have a certified accountant to do my accounts. Would it be better for me to get something in writing from him to explain my situation?

Indeed getting such a letter cannot do any harm at all, and would tend to cut out a query that might be in the mind of the ECO looking at the visa situation.

[scorpiolady]

Thanks John! As I asked in the original post would it also be useful to get a letter from the Manager at the company I currently work for (it's a Local Authority) as well?
I still need some sort of a guidance list of documents that I need to produce to satisfy the ECO's. Any suggestions? Getting a bit panicky here!!!

[Wanderer]

Cheers John, interesting info! I;m an IR35 dodger BTW!

I wonder if it works in opposite, ie a student cannot be self-employed but does that include trading as a limited company? Not EU rules tho so I suppose not...

Sorry for digression...

[John]

I asked in the original post would it also be useful to get a letter from the Manager at the company I currently work for (it's a Local Authority) as well?

Let's put it this way, back in 2001 when my own wife applied for her spouse visa, I was operating in the way you now operate! I supplied not just details of my Limited Company, and the fact I owned all the shares and was its sole Director, but also a copy of the then-current contract, which specified the rate of payment. I also supplied a letter from my Manager at the company where I was actually doing the work.

That worked for me ... spouse visa issued on first application.

Not EU rules tho so I suppose not...

I think that is the correct conclusion. I don't think it would allow a student visa holder to operate in that way, because not only can they not be Self-employed, but also they cannot operate a business.

[scorpiolady]

That sounds good to me John. Many thanks. I'll keep everybody posted!!