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Spouse Visa self employed

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redjr
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Posts: 2
Joined: Sun Apr 26, 2020 1:48 am

Spouse Visa self employed

Post by redjr » Sun Apr 26, 2020 1:55 am

Hello,

I have been self employed as a sole trader since May 2019 and since this period i have earnt over the £18,600 requirement to apply for a spouse visa in the financial year. I will need to apply for the visa in December however not every payslip has amounted to £1550. it has varied between £800 to £3500 depending on the month, will this a problem when trying to apply for the visa?

Thanks

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: Spouse Visa self employed

Post by TODMATT » Sun Apr 26, 2020 8:36 am

redjr wrote:
Sun Apr 26, 2020 1:55 am
Hello,

I have been self employed as a sole trader since May 2019 and since this period i have earnt over the £18,600 requirement to apply for a spouse visa in the financial year. I will need to apply for the visa in December however not every payslip has amounted to £1550. it has varied between £800 to £3500 depending on the month, will this a problem when trying to apply for the visa?

Thanks

You need to rely on your most recent financial year April 2019- April 2020. Have you filed your tax returns? It is the gross taxable profit after all business expenses have been deducted is the amount you will use towards meeting the financial requirement so payslips varies doesn’t matter as long as your earned £18,600 after all deductions.
My opinions should not be constituted as an immigration or legal advice.

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Spouse Visa self employed

Post by seagul » Sun Apr 26, 2020 3:25 pm

redjr wrote:
Sun Apr 26, 2020 1:55 am
Hello,

I have been self employed as a sole trader since May 2019 and since this period i have earnt over the £18,600 requirement to apply for a spouse visa in the financial year. I will need to apply for the visa in December however not every payslip has amounted to £1550. it has varied between £800 to £3500 depending on the month, will this a problem when trying to apply for the visa?

Thanks
Maybe payslips aren't needed due to not being mentioned in the checklist of official guidance Appendix fm 1.7:

9.6. Sole trader, partner or franchise – specified evidence
9.6.1. The evidence required to demonstrate income from self-employment is specified in
Appendix FM-SE:
7. In respect of self-employment in the UK as a partner, as a sole trader or in a
franchise, all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years
(where those documents show the necessary level of gross profit as an average of
those two years):
(i) Annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the
partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank
statements for the same 12-month period as the tax return(s).
(f) Personal bank statements for the same 12-month period as the tax return(s) showing
that the income from self-employment has been paid into an account in the name of
the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through the provision of at least one of the
following: a bank statement dated no more than three months earlier than the date of
application showing transactions relating to ongoing trading, or evidence dated no
more than three months earlier than the date of application of the renewal of a
licence to trade or of ongoing payment of business rates, business-related insurance
premiums, employer National Insurance contributions or franchise payments to the
parent company.
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts
for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited
accounts for the last full financial year and an accountant’s certificate of confirmation,
from an accountant who is a member of a UK Recognised Supervisory Body (as defined
in the Companies Act 2006) or who is a member of the Institute of Financial
Accountants;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a
copy or print-out) confirming the VAT registration number, if turnover is in excess of
£79,000 or was in excess of the threshold which applied during the last full financial
year;
(iii) Evidence to show appropriate planning permission or local planning authority
consent is held to operate the type/class of business at the trading address (where
this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is
a franchise.
8. In respect of self-employment outside of the UK, evidence should be a
reasonable equivalent to that set out in paragraph 7.
8A. In respect of prospective self-employment in the UK (for an applicant’s partner or
parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of
Appendix FM, is in self-employment outside the UK at the date of application and is
returning to the UK to continue that self-employment), one of the following must be
provided, with a starting date within three months of the person’s return to the UK:
(a) An application to the appropriate authority for a licence to trade;
(b) Details of the purchase or rental of business premises;
(c) A signed employment contract or a signed contract for the provision of services; or
(d) A partnership or franchise agreement signed by the relevant parties to the
agreement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

redjr
Newly Registered
Posts: 2
Joined: Sun Apr 26, 2020 1:48 am

Re: Spouse Visa self employed

Post by redjr » Sun Apr 26, 2020 3:49 pm

You need to rely on your most recent financial year April 2019- April 2020. Have you filed your tax returns? It is the gross taxable profit after all business expenses have been deducted is the amount you will use towards meeting the financial requirement so payslips varies doesn’t matter as long as your earned £18,600 after all deductions.
[/quote]

Thanks, i have not completed tax returns yet but i dont have any business expenses so i should get taxed for atleast £18,600. Does it matter that my business started after April 2019 so my business was only active for 11 months of the tax year? although when i apply for the visa it have been running 15months +

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