What qualifies as non-salaried/variable incom?

[Mobidark]

I am a British citizen presently living in Thailand, but will relocate to the UK in May, and I hope to bring my family to the UK, some 6 months later (or earlier).

My situation is that I just about reach the Financial Requirement of $18,600 with my UK state pension and my savings, but I do not have enough to also bring my daughter, which requires an additional £3,800.

However, for some time I have been working as a freelance writer, and I write website content, blogs and articles for websites, as well as a little work in maintaining and developing websites. The income from this work is not a lot, but it would be enough - around 4,000 per year.

These jobs are on an ad hock basis – some come through agency websites that provide freelance work for writers and other work comes through personal contacts. Some jobs are for a fixed price, others are based on the number of hours worked. The jobs are of various sizes and when finished, the money for each job is paid into my UK bank account. I am also looking into the possibility of teaching English online and marking English test papers online. Again the payment for this work will be into my UK bank account.

My main question is when I get back to the UK, can these jobs be treated as "Non-salaried Income?"
Under: Category A: With current employer for 6 months or more – person residing in the UK
Or

5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK.
Note 5.1.3 states: "Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary) or paid an amount which varies according to the work undertaken."

In particular, under 5.3 , example (c) is as follows:

"The applicant’s partner lives in the UK and is a FASHION PHOTOGRAPHER who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500.
The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.
Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12."

I have been advised by a Home Office approved visa agent that my work constitutes work as a 'SOLE TRADER' and as such, I would have to submit accounts, tax returns etc. which would make it very difficult to use in the short term as part of the financial requirement.

I fail to see what difference there is between being a freelance FASHION PHOTOGRAPHER as described in the Home Office guidelines and a FREELANCE WRITER.

I have two questions:

1. Can my income from work as described above be classed as unsalaried income and be counted for the first 6 months that I am resident in the UK? The income will be quite small and below my tax threshold, but if any does become subject to tax then I will register as a self-employed person with the tax office. At present, I am non-resident for tax, but will become a tax resident when I return to the UK in May.

2. Not so important, but can my income from the same work while living in Thailand also be counted? My savings will not mature until 3rd Sept, so my family cannot join me before this date. But if my non-salaried earnings in Thailand is allowed, then they can join me in September. Otherwise, they will have to wait until November. As I say, it is not that important but I would like to know.

I would really like to know the answer to the above from an expert on these matters,

Thank you so much.

Mobi

[CR001]

Is your daughter not British?