FLR(M): Combining employment with self-employment

Hello!

My Canadian partner and I, a British national, live together in the UK. My partner is here after a successful application for Further Leave to Remain through Marriage or FLR(M).

We're now starting to think about the next step of the process, which would be to apply for Indefinite Leave to Remain or SET(M) in about a year's time.

We met and continue to meet the financial requirement using our combined income from employment. (Possible as my partner was always able to work here - initially through a TIER 5 youth mobility visa and now through Further Leave to Remain).

The safest thing to do now, of course, would be to continue in this fashion but I'm considering a move into self-employment. If I did so, we'd want to meet the financial requirement of SET(M) by combining her employment with my self-employment.

My questions are: (a) is this definitely allowed and (b) is there anything risky I ought to be aware of beyond the generally precarious nature of the free market?

Thank you for any help or guidance!

From your previous posts it appears she only switched to FLR(M) in early 2016. What date was her spouse visa granted and what date does it expire? Likely valid for 2.5 years which she needs another 2.5 year extension before she becomes eligible for ILR.

She requires 5 years residence on FLR(M) before she will qualify for ILR on Set(M).

CR001 wrote:From your previous posts it appears she only switched to FLR(M) in early 2016. What date was her spouse visa granted and what date does it expire? Likely valid for 2.5 years which she needs another 2.5 year extension before she becomes eligible for ILR.

She requires 5 years residence on FLR(M) before she will qualify for ILR on Set(M).

Yes! You are correct. Thank you for being thorough by checking my previous posts. And apologies for being hasty with my question when should have looked at the procedure again first. The next milestone is not SET(M) at all but the extension of our current status. I was moved to ask this because of the expiration date on her card and our shared desire to plan in advance.

I suppose my question should be refined then, to: would my move into self-employment in any conceivable way derail our application for extension?

No it should not, but you are required to provide substantial more evidence of meeting the financial requirements for the 12 months prior to application and financial year end accounts etc. A few refusal recently for spouse visas (outside UK apps) for not submitting all documentation for self employed UK sponsor (i.e. submitting CT600 but not payslips or dividend vouchers) for example. So you will have to be 300% spot on with your paperwork.

If she works and earns at or above the £18,600pa requirement, she can apply for her extension using only her income with 6 months payslips and bank statements.

CR001 wrote:No it should not, but you are required to provide substantial more evidence of meeting the financial requirements for the 12 months prior to application and financial year end accounts etc. A few refusal recently for spouse visas (outside UK apps) for not submitting all documentation for self employed UK sponsor (i.e. submitting CT600 but not payslips or dividend vouchers) for example. So you will have to be 300% spot on with your paperwork.

If she works and earns at or above the £18,600pa requirement, she can apply for her extension using only her income with 6 months payslips and bank statements.

Thank you very much indeed. I can now think about this a little more clearly. (If you're interested in the story: she currently earns 15k plus commission - that seems to be about 20k in real terms but with a troubling dependency on uncertain commission. As it happens, it's starting to look like she's been head-hunted by another firm and we're hoping, though not yet assuming, that the base pay will be more than £18,600 and, as you say, let her to apply with her own income. That way, any risk incurred by my move to self-employment will be entirely business-related and not threatening to my partner's visa status - phew!). Thanks again.

Commission can be used towards the financial requirement, I am just not sure how HO use it for calculating.

Best would be for her to get a job earning the golden number then she is good to go.

CR001 wrote:Best would be for her to get a job earning the golden number then she is good to go.

Inclined to agree. Thanks again, C.