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SET(M) Finacial proof concern- please help!

Posted: Thu Oct 14, 2010 12:14 am
by fruithoney
Hi my 2 year unmarried partnership visa is going to expire this December, so I am applying for ILR under SET(M). I have the following questions need to ask and I really hope someone can help me as I am very concern and worry about it.

1.My partner (British) has been self-employed since May 2010, I have difficultity to prove his income as he has not got any pay slips or P60. As he business was started after April, we have not got any Tax return or other form of prove his income. He has a business bank account, however as the business just started not long ago, most earnings has to be invested back to to business, so the balance showes on it is not impressive, it is about £1500 in credit at the moment. I need some advise on how to prove he has surficient income.

2.He has a personal account which is in overdraf.
Also we have a join name saving account which has about £3000 in it.
I have permenant job and have regular income, and I have ISA account which has healthy saving in it.

Based on the above information, can anyone advise me that how to satisfy the fiancial requirments of applying for ILR on SET(M).

Thank you very much!!!

Posted: Thu Oct 14, 2010 3:18 pm
by Casa
It isn't necessary for you both to be earning, as long as you can show you're able to support yourselves financially. which you appear to be able to do.
You may want to include a copy of your husband's self-employment registration with HMRC and it will be obvious that he hasn't needed to submit a self-assessment tax return yet.

Re: SET(M) Finacial prove concern- please help!

Posted: Fri Oct 15, 2010 2:26 pm
by xyz123
fruithoney wrote:
1.My partner (British) has been self-employed since May 2010, I have difficultity to prove his income as he has not got any pay slips or P60.
what about payslips / income before starting self employment? would be useful to have these.

Posted: Fri Oct 15, 2010 4:19 pm
by Casa
Payslips from more than 6 months ago won't affect the application either way. With SET(M) applications the focus is on the fact that the relationship is continuing rather than finance. It's not essential for both to be employed, as long as they are self-supporting financially, which appears to be the case here. The OP's husband can submit his UTR (tax reference) to show self-employment and that no self-assessment tax return is yet due.

Posted: Fri Oct 15, 2010 11:38 pm
by fruithoney
Thank you very much for your replies.
However on the set(m) form, it asked to fill in how much money my partner earn after tax, as his income varies all the time, does it mean that I just get the average of last 6 months? how do I get the after tax amount when he not paying tax yet?

Posted: Sat Oct 16, 2010 11:23 am
by Casa
I'd suggest you give the average. My husband is self-employed and that's what we did when we applied successfully for his ILR. A deduction of 20% from the gross will give an estimated amount which will be all you need. Submit his business bank statements...which don't by the way have to show a substantial credit balance.

Posted: Sat Oct 16, 2010 1:36 pm
by fruithoney
Casa wrote:I'd suggest you give the average. My husband is self-employed and that's what we did when we applied successfully for his ILR. A deduction of 20% from the gross will give an estimated amount which will be all you need. Submit his business bank statements...which don't by the way have to show a substantial credit balance.
Thank you CASA, what about if my parnter's personal bank statement is overdraft? do i just not provide that to the home office? As some of the earnings off the business are paid into his personal account.

by the way do you know where i can get free immegration advise ? I want to get all my documents checked and also get some more advise..

Thanks a lot

Posted: Sat Oct 16, 2010 3:46 pm
by Casa
I would submit all bank statements. The accounts in credit will balance the overdraft.
The Immigration Advisory Service offer free advice.

Posted: Mon Oct 18, 2010 6:35 pm
by fruithoney
Casa wrote:I would submit all bank statements. The accounts in credit will balance the overdraft.
The Immigration Advisory Service offer free advice.
6

I went to immigration advisory service today and apparently they said I am not qualified for the free service and ask for about 350 pound if i need their advice. So I found them not helpful at all.

I wonder if I need to get a prove from accountant of what my partner earn over the last 6 months?

I am still very worry about this.

SET(M) Finacial prove concern- please help!

Posted: Mon Oct 18, 2010 10:30 pm
by Muz
Hi,

I was in a very similar situation 2 years ago. My ife was not working and I had become self employed with no payslips to prove steady income. It is understandable that your partner has filed his taxes yet.

In my case, I simply sent
1) all the P60 documents of the past 2 years.
2) Bank statements:- Overdraft isn't something bad as long as you have some source of income coming in and expenses going out in the last few months it is enough.
3)Covering Letter: I did write a covering letter explaining the new circumstances however I was not apologetic, I just wrote, there were no returns available as they were not due yet.

Let me know if you have any questions.

Cheers

Re: SET(M) Finacial prove concern- please help!

Posted: Mon Oct 18, 2010 10:42 pm
by fruithoney
Muz wrote:Hi,

I was in a very similar situation 2 years ago. My ife was not working and I had become self employed with no payslips to prove steady income. It is understandable that your partner has filed his taxes yet.

In my case, I simply sent
1) all the P60 documents of the past 2 years.
2) Bank statements:- Overdraft isn't something bad as long as you have some source of income coming in and expenses going out in the last few months it is enough.
3)Covering Letter: I did write a covering letter explaining the new circumstances however I was not apologetic, I just wrote, there were no returns available as they were not due yet.

Let me know if you have any questions.

Cheers
Thank you for your reply.

1. He doesn't have p60's for 2009 and 2010 only have 2007 and 2008, can i request the HMRC to send out again?

2. Bank statments. We have 5 accounts. my personal account ,his personal account, my isa account, our join current account, join saving account ,his business account and also business saving account . His personal account is in overdrafts for about £1000 but all others are in plus.
Do I need to provide all these accounts statments for the last 3 months? or 6 months?

3. I have regular income for £22k a year, althought he is self-emplyed, would that be enough to prove for both of us?
as he does not have tax return yet so we are trying to get a accountant to varify his account, is this necessary?

Please help. thanks a lot

Posted: Tue Oct 19, 2010 9:09 am
by Casa
Your salary will be enough for both of you.