Home Office Residency Requirements

Home Office Residency Requirements

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 I am a non-qualified tax consultant but have worked for HMRC, CAs and on on my account since 1980. I only deal with simple self-employed accounts so I am happy that what we do is more than adequate for HMRC and the clients.

I have a client who is married to a non-EU national and wants to bring her to the UK. He has to prove he can support her which is fair enough. 

At a Home Office interview today the accounts we prepared have been rejected despite being backed up by SA302s etc. He was told to go away and have the accounts re-done in the next 3 days by a Chartered Accountant. 

The Home Office regulations say:
 
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, the latest such 
accounts; or
(bb) If the business is not required to produce annual audited accounts, the latest unaudited 
accounts 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);
 
This seems to me to be a nonsense as the supervisory bodies are for supervising audit work not work where no audit is required. Any ideas how we can point out this contradiction in the regulations? What CA is going to put his name to a certificate to say that the accounts are up to standard when he has not had any hand in preparing them?

Replies (3)

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By petersaxton
26th Jul 2013 11:13

Ask an accountant

If you provide your workings in support of the accounts then a qualified accountant should be happy to give an opinion (with the usual disclaimers) for a nominal amount.

It's not worth arguing the matter.

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By johngroganjga
26th Jul 2013 11:54

The requirements are not a nonsense, or contradictory, as membership of a professional body demonstrates competence and standards. That is why so many of us work hard to achieve membership and retain it, not to mention paying for it.

Perhaps the Home Office's requirements are a sledgehammer to crack a nut, but that is another matter.

Your only option is to do what Peter suggests.

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By sijolees
26th Jul 2013 15:55

Thanks

Thank you gentlemen.

It turns out the client knows a CA who is happy to agree all is in order based on the accounts and SA302. 

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