Reply to: Is a Visa an expense

[stek]

If the OP has moved from Australia to the UK to find work, has succeeded and is now returning to Australia to renew his Visa to allow him to continue working in the UK IMHO this will not be allowable due to duality of purpose.

I suspect the OP has overstayed - all visas can be extended in-country provided they applicant is still in status and it's not a visit visa (which cannot be extended). Reading between the lines the OP must be on Tier 1/HSMP and if they have ovestayed, shouldn't be working now....

Also if the above is true the visa is partly for the benefit of the OP since the end result is British Citizenship and visa free access to the EU jobmarket etc...

Edit: Just realsied this is a three year old thread!

[LisaContractorUmbrella]

If the OP has moved from Australia to the UK to find work, has succeeded and is now returning to Australia to renew his Visa to allow him to continue working in the UK IMHO this will not be allowable due to duality of purpose.

[northernladuk]

Best chance to make it a legally claimable expense - "fudge it and get away with it" - I don't think so. There are numerous factors that come into this that haven't even been touched on here, so the OP needs to decide what the 'real' reason for the Visa is. northernladuk, you seem to think it is automatically not claimable - while I may agree with you, my point is that is not necessarily the case.

'Best chance to make it' is my problem. It is or it isn't. Making it = fudging it.

[Greg@CapitalCity]

Best chance what? To fudge it and get away with it? That is not good advice. Nor is asking if the guy believes it. It is or it isn't. If he needs to fly to Australia to get the visa that allows him to stay in the country... to work, live, socialise... Not wholly and exclusive. If the guy needs immigration services he is here to live and work which is also not wholly and exclusively.

Best chance to make it a legally claimable expense - "fudge it and get away with it" - I don't think so. There are numerous factors that come into this that haven't even been touched on here, so the OP needs to decide what the 'real' reason for the Visa is. northernladuk, you seem to think it is automatically not claimable - while I may agree with you, my point is that is not necessarily the case.

[Sockpuppet]

I claimed the cost of my Chinese Visa (and a new "same day" passport and all the expenses of going up to London three times to collect same).

No-one batted an eyelid.

I take it you've been through an inspection then? If not then this really has no grounding.

Maybe a silly question but what about the cost of flights?

I have to return back to Australia to renew the Visa, they can not do it from the UK. I am specifically returning to get the Visa and then coming stright back. The only purpose i am returning to Australia is for the visa that relates specifically for my work in the UK and nothing else.

Can the £1000 flights be claimed too? It may be pushing it but its 100% business related.

No. This isn't directly connected to your work. If your Ltd Co sent you to Norway and you had to return to the UK as that is where your normally resident to renew then yes but this is not. Even though your contracting in the UK your residence isn't a concern for you Ltd company. If your co was in Australia then you might have some ground to work with.

[northernladuk]

The best chance you have is;(1) If you are paying an immigration consultant, make sure their supply of services is to your ltd company, and not you personally (ie the contract will be between your ltd company and the immigration consultant);

Note, if you believe the Visa is 100% business related, and you have to fly to Australia to get it, then the cost of flights and any related subsistence would also be claimable.

Best chance what? To fudge it and get away with it? That is not good advice. Nor is asking if the guy believes it. It is or it isn't. If he needs to fly to Australia to get the visa that allows him to stay in the country... to work, live, socialise... Not wholly and exclusive. If the guy needs immigration services he is here to live and work which is also not wholly and exclusively.

[Greg@CapitalCity]

Best chance

The best chance you have is;
(1) If you are paying an immigration consultant, make sure their supply of services is to your ltd company, and not you personally (ie the contract will be between your ltd company and the immigration consultant);
(2) Pay for the fees directly from your business bank account;
(3) Make sure you are ready to prove the cost of the Visa is 100% related to business, and that any benefit that falls on you personally is merely a side effect of needing a Visa to stay in business in the UK;

If you are a single Director ltd company the last item will be the hardest to prove. If in reality you just want to live and work in the UK longer because you like it in the UK - then don't bother trying to put it through the business. If audited by the HMRC they tend to enquire about the larger expense items and you just need to be comfortable fronting up and explaining the business nature of your Visa costs.

Note, if you believe the Visa is 100% business related, and you have to fly to Australia to get it, then the cost of flights and any related subsistence would also be claimable.

[northernladuk]

I have almost the same situation; my accountant said it's 0% likely to be a valid expense as it obviously has dual purpose.

You say obviously but it isn't to us. I think it has been covered pretty clearly here. If it is needed to go do some business in another country related to your contract for a very short period of time in hotels etc then yes. If you are coming here to find work as a lifestyle choice then absolutely not.

[Dynamic]

I have almost the same situation; my accountant said it's 0% likely to be a valid expense as it obviously has dual purpose.

[Cervesa]

nah

It is not a valid business expense according to the 3 different accountants I have asked. I guess your business could keep going without you having a Visa - it would just need to find a replacement Director - Presumably you have not advertised for one of them...

[tim123]

I didn't reaslise when you first asked this question, but you seem to want to claim the cost of getting a VISA to be allowed to work in the UK, against your UK limited company - Yes?

I'n not 100% sure but I would say that Nope, you can't claim this.

tim

[chrisl]

Flight?

Maybe a silly question but what about the cost of flights?

I have to return back to Australia to renew the Visa, they can not do it from the UK. I am specifically returning to get the Visa and then coming stright back. The only purpose i am returning to Australia is for the visa that relates specifically for my work in the UK and nothing else.

Can the £1000 flights be claimed too? It may be pushing it but its 100% business related.

[tim123]

No eyelids may have been batted, but that doesn't mean it was a valid expense

As has been said, unless it's wholly and exclusively for a business purpose the expense isn't allowable. In particular I think Hector would have difficulty seeing a passport as a valid expense.

The passport might not have been exclusively a business expense.

Taking a day off and paying the extortionate "same day" fee certainly was!

tim

[wxman]

I have claimed back the cost of a work Visa for years now – one has ever said anything.

For me, I often have to apply for a Visa even through I may not eventually travel there. I believe that I CAN demonstrate that all my visa’s are solely for business purposes and not personal use.

I also claim back the “immigration tax” as some countries charge you a small fee just to get into the country.

[deckster]

I claimed the cost of my Chinese Visa (and a new "same day" passport and all the expenses of going up to London three times to collect same).

No-one batted an eyelid.

No eyelids may have been batted, but that doesn't mean it was a valid expense

As has been said, unless it's wholly and exclusively for a business purpose the expense isn't allowable. In particular I think Hector would have difficulty seeing a passport as a valid expense.