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ILR-Employed+Self employed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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fomsand1
Junior Member
Posts: 91
Joined: Thu Jan 05, 2012 9:12 am

ILR-Employed+Self employed

Post by fomsand1 » Mon Jul 30, 2012 3:57 pm

Hi all,

It's been a while since I last posted on this forum, I thought it'd be okay if I gather all necessary information as my wife and I prepare for our ILR next March and will post only when there is something we arent sure about or help someone out with a query as others have done for me on this forum in the past.
Cut the story short, I am a dependant under my wife's visa as she is the main applicant. She converted to HSMP in 2008 from Student Visa and was given 2 years initially. We now got a Teir1 extension back in 2010 for 3 years. We got the extension through appeal, as someone within UKBA didnt calculate her income correctly. Next year we are going to apply for ILR in march.
My wife is employed, but also works freelance on a self employed basis. She's doing the freelance work so she can make up for the shortfall on her income from being employed in orther meet the required 75 or more points on income to qualify for ILR.
Now my question is:
1)With being employed and self employed, is there any special POE we have to go to as I have read on this forum where self employed people go to either Glasgow POE or Sheffield as they only deal with self employed applications.
2) With regards to documentation to show proof of earnings; as we pay class2NI, since her self employed income is less that £6000, last year we requested her self assesmnent from inland revenue (which took two days to arrive, surprisingly) this showed both her incomes from employed and self employed activities which when added up clearly gives her enough points to claim for income. Can we use the self assesment for the 12 months prior to our application alongside her 12 months payslip, bank statements for 12 months + accountants letter showing gross and net earnings for self employed activities (since she does her own tax returns through our accountant) as proof of income? Will the self assesment suffice as a document to show source of earnings?
3) Will the fact that we got our Tier1 Extension in 2010 via appeal process affect our ILR application at the POE?
3) Is there a post on this forum for a situation similar to ours that we can draw experience from? Guru's and Sage's appreciate if you can provide links to a similar topic posted on this website.
4) Our Visa currently runs out on the 23rd of April 2013, are we eligible for application using the 28 day rule? if so when is the earliest we can apply?

Thanks for your help and hope to hear from someone soon.

Regards
fomsand1 :D

fomsand1
Junior Member
Posts: 91
Joined: Thu Jan 05, 2012 9:12 am

ILR-Employed+Self employed

Post by fomsand1 » Mon Jul 30, 2012 5:07 pm

Hi guys, can someone please advise on my case please? Many thanks for your help

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: ILR-Employed+Self employed

Post by cs95tdg » Wed Aug 01, 2012 3:23 pm

fomsand1 wrote:1)With being employed and self employed, is there any special POE we have to go to as I have read on this forum where self employed people go to either Glasgow POE or Sheffield as they only deal with self employed applications.
2) With regards to documentation to show proof of earnings; as we pay class2NI, since her self employed income is less that £6000, last year we requested her self assesmnent from inland revenue (which took two days to arrive, surprisingly) this showed both her incomes from employed and self employed activities which when added up clearly gives her enough points to claim for income. Can we use the self assesment for the 12 months prior to our application alongside her 12 months payslip, bank statements for 12 months + accountants letter showing gross and net earnings for self employed activities (since she does her own tax returns through our accountant) as proof of income? Will the self assesment suffice as a document to show source of earnings?
3) Will the fact that we got our Tier1 Extension in 2010 via appeal process affect our ILR application at the POE?
4) Is there a post on this forum for a situation similar to ours that we can draw experience from? Guru's and Sage's appreciate if you can provide links to a similar topic posted on this website.
5) Our Visa currently runs out on the 23rd of April 2013, are we eligible for application using the 28 day rule? if so when is the earliest we can apply?
First of all have you read the information provided under the following FAQ sticky? If not I'd recommend that you do so as some of the questions you have raised will be answered by doing so.
http://www.immigrationboards.com/viewtopic.php?t=79378
1) You will either need to call the individual PEO's yourself if you need to find out specifics or search the forum for other applicant experiences as there are many if you spend some time searching yourself. You may however find the following post useful. http://www.immigrationboards.com/viewto ... highlight=
2) I'm going to answer this based on what I have understood as the question is rather long-winded. You, i.e. your wife, can claim points from any number of sources which can include both employed & self-employed income. You will need to look through the Application form guidance on what the acceptable forms of evidence are for each. The fundamental point is that you need two pieces of evidence (issued by independent sources - E.g. Payslips by Employer + Bank Statements by Bank) for each source of income (i.e. Employed & Self-Employed).
3) No. As from what you have stated your appeal was successful.
4) I'm afraid you will need to do some work yourself here & search the information freely available on this forum to find similar cases.
5) 28 days before the 5th anniversary from the date of your HSMP effective date. I.e. when your wife switched from student to HSMP in-country.

fomsand1
Junior Member
Posts: 91
Joined: Thu Jan 05, 2012 9:12 am

Post by fomsand1 » Thu Aug 02, 2012 12:02 pm

Thanks Sage, your advise is much appreciated.

:)

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