Fiance Visa Financial Requirements for New Self Employed

[Gorgeous George]

Hi, this is my first post to this forum - I hope you can help......

I need to bring my fiance back to the UK from South America for our Wedding in May '14......

I was in full time employment earning over 37K pa until July '13.
I am now self employed in my own Ltd company already earning 40K +
I have back to back contracts for work until June next year...
I have a rental property - providing non employment gross income of 11K pa
Personal Savings of approx 25K
Business account that has already 40K + (accruing since July)

The financial requirement appendix makes it clear I can not use my current self employment income until I have submitted my Tax return in April. This is my main source of income accrued into business bank accounts, then salaried to me as an employee of my own limited company (which I 100% own).

I can easily meet the 18.6K requirement on the 1st 6 months wage slips of 2013 (before I was made redundant)............. However the Homeoffice is clearly not just looking at the history of my finances, they also want to know I have job security.... that I can provide in the future.....so that my fiance (my dependent) will not be a burden to the state and the tax payer....

This is my issue with the Annex FM Section FM1.7:

Section 5.
5.1 - Category A - Can't use this category as not employed for 6 months or more, therefore N/A
5.2 - Catergory A - Not overseas - therefore N/A
5.3 - Category B - Can't use this category as Section 5.5.10 precludes my income as my Ltd company is in sole ownership.
5.4 - Category B - Not overseas - therefore N/A
6.1 - Category C - total gross non employment income 11K (not enough).
7 - Category D - Cash Savings 25K (not enough).
8 - Category E - Pension. Not old enough!! therefore N/A
9.1 - Category F - Last Financial Year Tax assessment. I don't have a last financial years Tax return application (my company didn't exist). Therefore N/A
9.2 - Category G - Average of last two years. Again, I don't have a last financial year tax return application - Therefore N/A

My situation appears to fall between a crack in the process. There is no provision for those in between converting from employed to self employed.

The financial requirements appendix clearly tries to cover all bases, but in our situation fails.

I feel totally left in Limbo and I am being kept apart from my fiance and our pursuit of happiness.

What can I do to make a successful fiance application to the homeoffice in my situation?? They seem pretty inflexible, and ruthless to defend what is clearly a fault in the process.

The process is not a cheap one, its not the sort of money you want to throw away on the off chance it might work.

I do have a sound financial history.
I do have a sound financial future.

The Financial Requirement appendix does not appear to provide for my situation. Can anyone help - or suggest a way I can approach this? Perhaps give examples of previous cases where others have been successful and how??

Thanks in advance.

[SoHopeful]

I see the issue and your frustration!

For self employment you also have to have been earning for one full financial year. Is there any way you could get a an employed contract for a couple of months even as an agency/temp worker then apply? That way you could use Cat B with your previous payslips...

[Amber]

If you have savings of £65,000 and have held them for 6 or more months, that should suffice the financial requirement.

[Gorgeous George]

@ D4109125

Unfortunately I don't have savings of £65K for 6 of more months (I have only just reached that threshold through accruing the gross business income + my savings). Even if I placed all of the funds in the same place and didn't touch them for six months. That would still be 6 months without the better half of my life being part of it..... but thanks for the comment I do plan to do this anyway for the next round of Spouse Visa application. (in 6 months time)

@SoHopeful. You are right this is an option. Although, my business would have to back out of signed contracted work until next June..... with huge financial losses >50K. I had also thought about taking a 'part-time Job' somewhere, but the appendix also states the work must be full time employment. So that was also a dead end.