Spouse to ILR financial requirements

[imrandawson]

Hi all, my wife is in spouse visa and we are planning to apply for ILR through 5 year route and I started my self employment from jan 2022 and continuing, renewal is due 1st march 2023, but I have done tax return for 3 months to April 2022, but the next tax return is due April 2023, how and what documents do I show the UK home office to
Meet the financial requirements? (Meeting the £18600 criteria)

I would love your advise/help on this

Thanks in advance
Imrandawson

[zimba]

When you say 'self employed', you do not mean that you are working via your own company because that is NOT self-employment. For actual self employment (when you are registered with HMRC as self employed), you need to provide self-assessment for the tax year that has ended, so to apply in March 2023 you need to submit your tax return for April 2021-22 and also your self-employment must be ongoing at the time of the application.

Official guide: https://assets.publishing.service.gov.u ... rement.pdf

[imrandawson]

Thanks for the reply, no I’m not working via my own company, I started work in jan 2022 and filed tax already for April 2022. Visa Renewal due 2023 March, so how do I submit my financial requirement, get my accountant to audit and send that to the home office with the salary evidence

Kind regards
Imrandawson

[zimba]

Thanks for the reply, no I’m not working via my own company, I started work in jan 2022 and filed tax already for April 2022. Visa Renewal due 2023 March, so how do I submit my financial requirement, get my accountant to audit and send that to the home office with the salary evidence

Kind regards
Imrandawson

Did you read what I posted above ???? I said in March 2023, you can ONLY rely on your tax return for the period of April 2021-22. The rules require that you rely on the most recent tax year that has ended on the day of the application. There is no way around this unless you want to rely on other sources of income. I also gave you the guide to read. Why don't you read it ?????

[imrandawson]

Hey bro, thanks, yes I did read, and it says full financial year required? But like I said I only started in January and ongoing, can I get the current ongoing income audited/certify using my accountant and send that document for the renewal? Is that sufficient? And do I draft a covering letter explaining?

Kind regards
Imrandawson

[imrandawson]

And bro in page 55 last paragraph I have quoted below. Can you elaborate please I really appreciate it, just don’t want to mess up the application bro and my questions might sound dumb but hurler need a bit more clarity.

‘ that a sponsor wishing to rely on earnings from self-employment as a sole trader, as a partner or in a franchise will need to arrange to file their self-assessment tax return to HMRC on a timescale geared to meeting this requirement of the Immigration Rules rather than the deadline set for UK tax purposes’

Kind regards
Imrandawson

[zimba]

Hey bro, thanks, yes I did read, and it says full financial year required? But like I said I only started in January and ongoing, can I get the current ongoing income audited/certify using my accountant and send that document for the renewal? Is that sufficient? And do I draft a covering letter explaining?

Kind regards
Imrandawson

On a self-assessment, you declare how much money you made over a year between the previous year's April to the next. It does NOT mean you should have worked through the whole tax year. Self-employed can work as they wish. It is the total income earned over that tax period that matters. The fact that you started in January is irrelevant. You can start in January and by April, you can make more than £18,600. That brings your total income in the tax year over the threshold and you would be fine. You can make all your money in one day or throughout the whole year. The rules do NOT care about the money you are making or made in the current tax year.

The question is: how much money did you make in the last tax year in total ?

[zimba]

And bro in page 55 last paragraph I have quoted below. Can you elaborate please I really appreciate it, just don’t want to mess up the application bro and my questions might sound dumb but hurler need a bit more clarity.

‘ that a sponsor wishing to rely on earnings from self-employment as a sole trader, as a partner or in a franchise will need to arrange to file their self-assessment tax return to HMRC on a timescale geared to meeting this requirement of the Immigration Rules rather than the deadline set for UK tax purposes’

Kind regards
Imrandawson

Sole traders (as a partner or in a franchise) are required to file yearly accounts. That way they can file their account for a period of one year depending on their accounting period (like a business). That accounting period can start on any day of the year.

That is different from a personal April-to-April self-assessment tax returns

[imrandawson]

Last financial year jan 2022 - March 2022 earned total £7000, average earning per month approx £2700

[zimba]

Last financial year jan 2022 - March 2022 earned total £7000, average earning per month approx £2700

I am afraid you need to find other sources of income or else your wife would not qualify for ILR or even extension under the the 5 year route

[imrandawson]

What about 10 year route bro?

[CR001]

What about 10 year route bro?

What 10 year route are you referring to exactly?

[imrandawson]

As spouse? And change it back to 5 year route once we meet financial requirements

[CR001]

Each time you switch between 10 year and 5 year, the 5 year ILR clock resets to zero.

So if you switch to FLR(FP) 10 year partner route and then 1 year later switch back to FLR(M) spouse 5 year route, the 5 years for ILR start again when FLR(M) is granted.

Your spouse would then still require another 5 years to apply for ILR, either through 10 years long residence if meeting the requirements or 5 years on FLR(M) spouse visa again.