Spousal visa - applicant is self employed

KCSD2 wrote: ↑

Sat Nov 07, 2020 10:05 pm

Hello.

I am new here and have read in length the very informative pinned posts at the top of the page. They have really helped some things make a lot of sense.

I do have a few questions that I couldn't quite finds answers to so I am hoping someone can help.

I am a British citizen by birth and I live in Kenya. I am married to a Kenyan and we have two children. Our eldest born in the UK and youngest born in Kenya. Youngest is British by decent and holds a British passport.

We are planning to move back to the UK.

We would like to apply for a spousal visa. My husband is self employed in Kenya and in 2019 earned just over £21,000 and this year so far has earned £30,439.
I work part time and do not earn anywhere near the £18,600 financial requirement.

Now a family member has offered my husband a job. He runs a very successful company in the UK (they are not Tier 2 sponsors though) and has said he will give my husband a job tomorrow if he needs it.

So on the basis of this, can we apply for the spousal visa?


My husband has earned over income the threshold working in Kenya for the last two years and he has a guarunteed job offer in the UK. All documents and signed letters of employment for the visa application will be done by my family member.

Will this be acceptable or have I got it all totally wrong? Wrong, it is your income that matters or will be consider, not that of your husband whom you are sponsoring. Also, you are the one whose employment situation I.e. getting a guaranteed job meeting the requirements and commencing within 3months of your arrival in UK that matters, not your husband getting the job.

I have been reading the Appendix FM and the self employment requirements/thresholds but that is for armed forces only, isn’t it?

Also, I have been advised that we will need to provide DNA proof for our children in the application - is this true? Is it better to volunteer this information or or wait until asked? No, there is no requirement for DNA proof of parenthood.

I am convinced that if I don't provide every single detail it won’t be enough, but providing too much info will cause problems also as they won’t go through it all.

I apologize this post is a lot. I have an appointment with an immigration lawyer next week to see what they can advise also, but any help here would be very much appreciated.

Thank you!

Where the applicant’s partner is in self-employment overseas and is returning with
the applicant to the UK to work, they may rely on continuing their self-employment in
the UK or on a confirmed offer of employment in the UK in order to meet the financial
requirement. Therefore, if their self-employment income overseas is sufficient to
meet the financial requirement, they can also provide evidence either:

• that their self-employment is ongoing and will be continuing in the UK; or
• of a confirmed offer of salaried or non-salaried employment in the UK, starting
within 3 months of their return. (The specified evidence and calculation for this
is explained in section 5 of this guidance)

KCSD2 wrote: ↑

Sat Nov 07, 2020 10:24 pm

Ack, thank you.

That has put a spanner the entire toolbox in the works then, we got it all completely wrong.

seagul wrote: ↑

Sat Nov 07, 2020 10:25 pm

If you have cash savings then that would be the most straightforward mode of meeting the financial threshold. Alternatively, based on your circumstances there might be a possibility to come under self employment where a laborious work will inevitably be required. Go through the following guidance and see a relevant quote pertinent to you.

Where the applicant’s partner is in self-employment overseas and is returning with
the applicant to the UK to work, they may rely on continuing their self-employment in
the UK or on a confirmed offer of employment in the UK in order to meet the financial
requirement. Therefore, if their self-employment income overseas is sufficient to
meet the financial requirement, they can also provide evidence either:

• that their self-employment is ongoing and will be continuing in the UK; or
• of a confirmed offer of salaried or non-salaried employment in the UK, starting
within 3 months of their return. (The specified evidence and calculation for this
is explained in section 5 of this guidance)

https://www.google.com/url?sa=t&source= ... a8VCfDfJBU

Page56

AmazonianX wrote: ↑

Sat Nov 07, 2020 10:26 pm

KCSD2 wrote: ↑

Sat Nov 07, 2020 10:24 pm

Ack, thank you.

That has put a spanner the entire toolbox in the works then, we got it all completely wrong.

The highest hurdle is meeting the financial requirement, this can be surmounted with you getting a job that will start within 3months of your arrival in UK.

KCSD2 wrote: ↑

Sat Nov 07, 2020 10:28 pm

Thank you Seagul. This was the Appendix I was reading but I think it is for the Armed Forces only, no?

KCSD2 wrote: ↑

Sat Nov 07, 2020 10:31 pm

Thank you. So if we were to do this, I have not earned enough in Kenya to meet the financial threshold for the last 6 months - wouldn’t that be a problem?

Youngest child is only 4 month old so working part time at the moment. I would just need to take the job the family member is offering instead of my husband...