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FLRM financial requirement if employed then self employed

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HudaYK
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FLRM financial requirement if employed then self employed

Post by HudaYK » Wed Sep 18, 2019 5:24 am

Hi, I always have found this forum the most useful on the net when applied for spouse visa 2,5 years ago, but couldn’t find a reply to my case atm.
My husband spouse visa will end in November 2019 and trying to collect all required documents, I am in a shock at the moment regarding the way the financial requirements should be met and really need some help please as my case is a bit complicated.
Me and my husband were employed since he entered UK Feb 2017 till 20July 2019 ’last 6 months of that employment can meet the financial requirements ‘ I also was working as self employed since Oct 2019. We have moved to a new city by the end of July so I can have a better self employed work , none of us have employment atm, only me depending on the self employment. We are planing to apply for extension in Oct 2019
My questions are:
1- Are they going to accept the last 6 months or even 12 months payslips of employment even though there is a gap As we stopped working ?
2-can I combine my self employment with the salaried employment?
3 -I am preparing my self assessment tax return for last year, but even if it is ready the money will not be sufficient for the requirements by it self. So I am really concerned about it as I cannot depend on that by it is own. But I have a work contract that specifies that I will be making enough money in the next year, will that be ok?
4- as we moved homes, do i need to supply both places proof of address?
Many thanks in advance

geoeng
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Re: FLRM financial requirement if employed then self employed

Post by geoeng » Wed Sep 18, 2019 7:54 am

1 - Yes. Gap isn't a problem if you are providing 12 months of pay slips (Category B) but wouldn't work well under Category A (6 months or more with current employer).
2 - Yes. See table on page 18 of guidance at https://assets.publishing.service.gov.u ... -ext_1.pdf for details on how income sources can be combined.
3. Per the guidance, evidence for self-employment is based on previous financial years and not contracts for future work.
4. Yes, sort of. Items of correspondence need to be spread out over previous couple years. For FLR(M) the online application will also ask for proof of housing costs (rent, etc.) and council tax costs and you should be fine just providing those for your current residence, though I believe this is optional information to support your application (online application for will confirm what documentation is required).

HudaYK
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Re: FLRM financial requirement if employed then self employed

Post by HudaYK » Thu Sep 19, 2019 9:55 pm

I am really grateful for your prompt and detailed reply.
So would it be enough to only provide 12 months April 2018-April 2019 payslips for employment job for the last financial year, even if I stopped working, knowing that it meet the financial requirements, or should I combine it with self employment tax return to be on the safe side?

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seagul
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Re: FLRM financial requirement if employed then self employed

Post by seagul » Fri Sep 20, 2019 3:47 am

HudaYK wrote:
Thu Sep 19, 2019 9:55 pm

So would it be enough to only provide 12 months April 2018-April 2019 payslips for employment job for the last financial year, even if I stopped working, knowing that it meet the financial requirements,
It wont meet the requirement because these 12 months of payslips will not cover the period of last 12 months from the date of application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLRM financial requirement if employed then self employed

Post by HudaYK » Fri Sep 20, 2019 5:38 am

Thank you for your reply, What would you advise to do to be on the safe side?

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seagul
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Re: FLRM financial requirement if employed then self employed

Post by seagul » Fri Sep 20, 2019 6:55 am

HudaYK wrote:
Fri Sep 20, 2019 5:38 am
Thank you for your reply, What would you advise to do to be on the safe side?
You should have kept continue the employment until renewal. Since you are earning insufficient income from self employment and equally can't fulfill the employment income criteria, therefore, only solution would be either to use your 6 months old savings (£62500) which can be even at abroad or be ready to be switched into 10 years of flrfp route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

HudaYK
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Re: FLRM financial requirement if employed then self employed

Post by HudaYK » Fri Sep 20, 2019 7:24 am

Oh no, :( I don’t have enough saving to combine with self assessment, please tell me of any other way, I didnt know it will be like this, I would have stayed employed till the application but too late now :cry:

geoeng
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Re: FLRM financial requirement if employed then self employed

Post by geoeng » Fri Sep 20, 2019 8:22 am

If one or both of you can get salaried employment that will meet the financial requirement (both of your incomes can be combined) at the time of the application AND in the 12 months prior to submitting the application you received sufficient income from employment to meet the financial requirement (salaried or non-salaried), then you shouldn't have any issues based on the guidance for Category B. You don't have to have been employed with the same employer for 6 months prior to applying to use this category, just employed and earning sufficient income at the time of application provided you have previously earned sufficient income as well.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: FLRM financial requirement if employed then self employed

Post by seagul » Fri Sep 20, 2019 12:49 pm

geoeng wrote:
Fri Sep 20, 2019 8:22 am
If one or both of you can get salaried employment that will meet the financial requirement (both of your incomes can be combined) at the time of the application AND in the 12 months prior to submitting the application you received sufficient income from employment to meet the financial requirement (salaried or non-salaried), then you shouldn't have any issues based on the guidance for Category B. You don't have to have been employed with the same employer for 6 months prior to applying to use this category, just employed and earning sufficient income at the time of application provided you have previously earned sufficient income as well.
Without 12 months of payslips the criteria won't be met
Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed
by their current employer for at least 6 months (and where paragraph 13(b) of this
Appendix does not apply); or
(ii)any period of salaried employment in the period of 12 months prior to the date of
application if the person has been employed by their current employer for less than 6
months (or at least 6 months but the person does not rely on paragraph 13(a) of this
Appendix), or in the financial year(s) relied upon by a self-employed person.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: FLRM financial requirement if employed then self employed

Post by geoeng » Fri Sep 20, 2019 12:57 pm

In order to satisfy part (ii) you only need to provide any payslips from salaried employment in the previous 12 months; it does not specifically state 12 months of payslips are required.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

geoeng
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Re: FLRM financial requirement if employed then self employed

Post by geoeng » Fri Sep 20, 2019 1:30 pm

Your self-employment earnings for the financial year can be combined with any employment income in the same financial year to meet the requirement. Unfortunately I don't know much about the self-employment categories to advise on that those beyond stating what is in the guidance.

As seagul noted, you could not solely use employment earnings for a previous financial year. When relying on employment income alone, it is the previous 12 months prior to the application date that matter rather than financial years.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: FLRM financial requirement if employed then self employed

Post by seagul » Fri Sep 20, 2019 3:15 pm

geoeng wrote:
Fri Sep 20, 2019 12:57 pm
In order to satisfy part (ii) you only need to provide any payslips from salaried employment in the previous 12 months; it does not specifically state 12 months of payslips are required.
In case of none-salaried or even if you have salaried job with variable wages due to overtime/bonuses which most often happens then in order to meet the first bit of category B you are expected to have earned at least £9300 / your annualized average wages during the last 6 months must be at least equivalent to £18600 for which continuous pay slips are required. And yes that's correct that if either of them finds a salaried (fixed wages) job then they won't be required to meet the first bit rather their wages at the time of application will be considered.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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