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SolicitorRM
SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 705
Experience:  Director and Principal Solicitor. UK
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Assistant: How can I help? I will be applying for a tier 2

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Hey there
Assistant: Hello. How can I help?
Customer: I will be applying for a tier 2 dependent ILR. My wife got hers in April. My appointment for the ILR is on the 27th of September. I was wondering, what are the requirements for documents to prove cohabitation? Is there a minimum requirement? Also, for the finances, I have my own business and am not financially dependent on my spouse. What would I need to satisfy for this aspect?
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am in the UK. My premium appointment is booked. My citizenship is India.
Assistant: Have you talked to a lawyer about the green card?
Customer: No, just need the ILR now
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Nah that's it.

Hi thank you for your enquiry.

Cohabitation

1. You will need to show that your relationship is genuine, and has been subsisting and that you have been cohabiting for the relevant period. The documentary evidence should cover a period of at least 2 years leading immediately up to the date of application.

2. You will want to show evidence of any joint commitments by providing any joint bank accounts, joint investments, joint tenancy agreements or joint mortgage agreements, joint life insurance policies

3. Birth certificates or records of any children of the relationship, showing both partners as parents and the children's address matching your address;

4. Any official correspondence linking you and your partner for example example Council Tax bills, utility bills, Doctors records, HMRC's tax award notices;

5. Any official letters from the GP or the children's school

With regards ***** ***** finances it is important that you clarify what you mean by having your own business.. are you a sole trader or a self-employed director of a Ltd company. The Regulations on meeting the financial requirement is very specific so if you confirm this I will be able to get back to you with further guidance.

Customer: replied 2 months ago.
Thanks! I meant to ask is there a minimum amount of bills/statements needed and how should I spread them out over every few months? No kids so that's a non issue. For the finances, I am a director of a limited company.

Hi, there is no minimum but you have to make sure there are spread right through the whole period. If you can have all the bank statements and bills that are monthly for example you will want to include these for each month; that will be perfect and the rest you can include for as and when you get them. You just need to make sure there are no gaps.You are better off with too much than gaps when it comes to the Home Office.

Are you the only or a major shareholder in the company?

Customer: replied 2 months ago.
I am the sole director.Thanks so much!

and sole shareholder?

Customer: replied 2 months ago.

Thank you for the clarification. The documents you need are quite extensive, however you will most likely have them already if your business has done at least one company returns. You will note that the list produced by the Home Office has quite a lot of documents where they say 'if your situation is as this then provide such' - Here you will know when it is a document that you can produce. For example not everyone requires audited accounts and therefore if you don't require them in your company you do not need to provide them. I will reproduce the list from the Home Office so that you do not miss anything.

Where you are the sole Director and you are also the 100% shareholder and possibly employed by the company the Rules on the financial requirement require you to provide all of the following:

(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 (You will need these).

(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) or who is a member of the Institute of Financial Accountants;

(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 (Here please note it says ONE OF not all the documents): (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 Paragraphs 2 and 10(b) are the evidential requirements relating to salaried employment

(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 either a director or employee of the company (or both) and receives a salary from the company, all of the following documents must also be provided (This would apply to you):

(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 either a director or employee of the company (or both) 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 (This would to apply to you as you have confirmed you are the sole shareholder) 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.

(e) Evidence of ongoing employment as a director or other employee of the company or of ongoing dividend income from the company.

This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary (or dividend income from the company) as a director or employee of the company (or both), was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.

So you will note that some of the documents are duplicated where the Rules are referring to the Director or the employee or the shareholder. You will not need to send documents in triplicate. If you have provided say personal bank statements for the Director part then that will be used when considering your salaries as employee.

I hope this has been helpful to you. I would be grateful for your 5 star rating to enable me to get credit for the assistance today. Please do not hesitate to ask me your follow on questions if there should be need, I will still be able to access this thread after your rating. All the best.

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