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fiance visa application for self employed

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phenix_eye
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China

fiance visa application for self employed

Post by phenix_eye » Tue Jun 26, 2018 2:05 am

Hi,

I am hoping someone can help. I have a fiancé from China. I am a British citizen. We wish to get married in the UK. I am self employed and make over £18600 per year before tax, as calculated by my accountant. However I started my business on 1st May of last year, which means I have ran the business for 13 months. I got my P60 which cover from 6th April to 5th April 2018 (tax year), which is only 11 months.

I looked at the Application form and it only seems to give two options on how they assess my income. 1, I make 18,600 within the tax year, or 2, two year average.

Because I started the business in May last year, I have missed out on one month worth of qualified income, which makes my total income just below the £18600. Is there any way around this? or do I have to wait until April next year before we can apply for the fiancé visa?

I hope someone can help

Andy

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Casa
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Re: fiance visa application for self employed

Post by Casa » Tue Jun 26, 2018 7:17 am

To qualify under self-employment the income is the nett amount AFTER all HMRC allowable business expenses have been deducted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

THO
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Vietnam

Re: fiance visa application for self employed

Post by THO » Tue Jun 26, 2018 9:54 am

Andy,

When I looked at this route, and being self employed for a long time, the advice I received from the solicitor was that I would need to send in my accounts for at least the last two years, however if you have only got 11 months, that is all you can provide, and the H/O will pro rata the amount shown to be equivealnt to 12 months.

Were you employed before you became self employed, and if so was your salary high enough then, so you could show pay slips and bank statements to demonstrate your earning capability? They also take into consideration savings.

phenix_eye
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China

Re: fiance visa application for self employed

Post by phenix_eye » Tue Jun 26, 2018 10:46 am

Casa wrote:
Tue Jun 26, 2018 7:17 am
To qualify under self-employment the income is the nett amount AFTER all HMRC allowable business expenses have been deducted.
What about the salary that I pay to my self?? Does not count or is it purely the profit I recieved for the business ?

phenix_eye
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China

Re: fiance visa application for self employed

Post by phenix_eye » Tue Jun 26, 2018 11:20 am

THO wrote:
Tue Jun 26, 2018 9:54 am
Andy,

When I looked at this route, and being self employed for a long time, the advice I received from the solicitor was that I would need to send in my accounts for at least the last two years, however if you have only got 11 months, that is all you can provide, and the H/O will pro rata the amount shown to be equivealnt to 12 months.

Were you employed before you became self employed, and if so was your salary high enough then, so you could show pay slips and bank statements to demonstrate your earning capability? They also take into consideration savings.
Thanks for the reply. I was employed before I started the business. But it was at a much lower wage and didnt meet the £18600. Even with that month combined with the new business is still just under £18600.

I meet the threshold when it is looked at as 12 months salary (1st may 2017 to the end of April 2018.) but theres no option for that in the application form.

Is there anything I could do? Would they look at the 12 months of pay slips?

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Casa
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Re: fiance visa application for self employed

Post by Casa » Tue Jun 26, 2018 12:38 pm

Is your business registered as a Limited company, or are you a self-employed Sole Trader :?:

If you are a Sole Trader:
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.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

phenix_eye
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Posts: 4
Joined: Tue Jun 26, 2018 1:41 am
China

Re: fiance visa application for self employed

Post by phenix_eye » Tue Jun 26, 2018 1:50 pm

Casa wrote:
Tue Jun 26, 2018 12:38 pm
Is your business registered as a Limited company, or are you a self-employed Sole Trader :?:

If you are a Sole Trader:
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.
Its a limited company, I’m not self employed as a sole trader. Does that make a difference?

Thanks

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