ILR SET M application self employed less than a year

Hello all,

Need your advise.

I became self employed Oct 2018. I still kept my full time job And only left Jan 2019. I am applying for ILR (setM) via the 5 year route. I have checked and can see that I meet all criteria just issue with the financial requirement.

They request for tax report for last full financial year (April 2018-April2019) I only was self employed for the last 6 months and my income from self employment if added is slightly below the financial requirement before expenses bare in mind it’s only a 6month period.

Qtns:
1. Is my gross income the amount submitted to HMRC before expenses or is it the remaining taxable income.?

2. Do I meet the financial requirement even tho I don’t make 18.6k in the six months however once I add my income from employment I meet it but I have left that job and the guidelines show I still need to be in that job..??

3. If I do my tax return estimate within a period of Oct2018- Oct2019 I do meet the requirement can this be a good argument??

Visa expiry is Dec2019 need to apply next month as organizing my docs at stuck here somebody please throw some light. Many thanks..

You cannot rely on the last 6 months as you are not employed. Instead you must show one year of financial activity. Given you want to use your self employment income from the the last financial year between April 2018 to April 2019, all your salaried employment in that period also can be combined to meet the threshold. So as long as you made more than £18,600 in that period you should be good.

Read (Category F): https://assets.publishing.service.gov.u ... -ext_1.pdf

Hello Zimba,

Thanks for your response. However what’s confusing is the guidelines insist I must still be in that employment at the date of application which I don’t understand.

9.3.6 Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application. For example, to count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application.

9.5.3. Appendix FM-SE specifies further requirements for self-employment income:
19. When calculating income from self-employment under paragraphs 12A and
13(e)... this paragraph applies:
(a) There must be evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of application.
(b) Where the self-employed person is a sole trader or is in a partnership or franchise agreement, the income will be the gross taxable profits from their share of the business in the relevant financial year(s), not including any deductable allowances, expenses or liabilities which may be applied to the gross taxable profits to establish the final tax liability.
63

Appendix FM 1.7: Financial Requirement August 2017
(c) Where income to which paragraph 19 applies is being used to meet the financial requirement for an initial application for leave to remain as a partner under Appendix FM by an applicant who used such income to meet that requirement in an application for entry clearance as a fiancé(e) or proposed civil partner under that Appendix in the last 12 months, the Secretary of State may continue to accept the same level and evidence of income to which paragraph 19 applies that was accepted in granting the application for entry clearance, provided that there is evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of the application for leave to remain.

These rules is what is confusing me. It seems I cannot use my salaried income April 2018-April 2019 as am no longer employed by them. It can only work if I am still salaried employed to date.

Please clarify if am wrong I just want to be sure am possibly interpreting these guidelines correctly.

Thx

Actually your interpretations seems to be correct. You must be in employment at the time of application in order to use that source as per Appendix FM.