uk citizen with australian wife... self employed please help

[ukphysio1]

Hi, I am a UK national living in the UK with my wife who is from Australia on a t5 visa.
We have recently been filing in the FLRM form and appear to have hit a speed bump.

I am recently self employed (starting in November 2013) physiotherapist with adequate finances to support the both of us. However the form asks to provide information from either the last financial year or last two financial years. This is where the problem is. I have invoices and bank statement to provide information regarding the last 3 months and a letter from a company which source my work stating my hourly rate and my expected hours per week for the forseable year which would see me well above the threshold. I am fully registered with HMRC although no information has been sent out to me.

If I would to state my income from self employment in the last financial year as 0 would this see our application refused dispute evidence of the last 3 months and the accompanied letter from the company I work with.

If anyone can shed some light I would be extremely greatful, her expiration on the current visa ends on the 6th or march and so swiftness is key.

Thank you in advance.

Aiden Doyle

[Casa]

Have you taken into account that for self employed earnings the £18,600 must be the annual taxable amount...i.e after expenses/business outgoings have been deducted?
Also the forecasted income won't be accepted.

[ukphysio1]

Thank you for the reply.

With deducted tax I will be looking at around 21-23k. I don't have any overhead really other than travel which I take from my income after tax anyway.

[ukphysio1]

Without a full year of self employment would I be right in saying our application is likely to be refused

[Casa]

Correct. For complete info see: https://www.gov.uk/government/uploads/s ... I6.doc.pdf
9.3.1. or those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK runs from 6 April to 5 April the following year.
9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended.

[ukphysio1]

So it appears we have fallen into the gap where anyone with less than a year employment is doomed. Is this the same with any young person in my situation?

What in your honest opinion would be the best course of action?

Again thank you for the reply.

[MPH80]

Well - anyone with less than a full tax-year of self employment cannot apply - so you're partly right there - but if someone is currently employed and has been employed in the last 12 months such that they earnt over the threshold they could apply.

Although that's not entirely true - in either circumstance the individual could make up their application with savings (using the formula £16,000 + (shortfall in income * 2.5) - or 62,500 if you have no income at all).

However, I understand the position on self employed people as employment records can be checked with HMRC (thanks to real time PAYE) - self employment is much harder as it relies on dividends. So until the tax return is submitted - there's nothing official to reconcile it against.

M.

[ukphysio1]

So any sort of recent graduate or short history of self employment don't have right to apply?

Am I best sending it off knowing it will get refused and then appeal the decision?

[Casa]

You can apply before your wife's current visa expires and have your application held while the High Court hears the Home Office appeal. See in this link:
https://www.gov.uk/government/news/home ... -threshold

[ukphysio1]

That you very much for the help.

We haven't relied on public funds for the two years she has been here in the UK and have always been in employment and self sufficient. hopefully it can be seen with that in mind.

Again thank you everyone for the help.