Question about sponsoring non-EU wife's visa

[MrMuffin]

I am a UKC and I am hoping that my USC wife and I can move to the UK next year to live permanently.

I apologize if this question has been asked before, but I have read through the family migration information and cannot find my answer. I will have a job offer in excess of the new regulations minimum of 18,600 UKP BUT my question is this... can I use my self employment income from the USA (I have been self employed for more than 5 years) for my previous income requirements (either prior 12 or 24 months of average income)?

I see in the document that UK-based businesses can use self employment but my business is registered and runs in the USA. I am planning on either continuing it as a side business after I move, or just closing it all together. But for now I need to know if I can use the income as part of my application. We have also asked the question on BEExpats and UK-Yankee and I still don't have an answer. Please help?? Thank you so much!!

[harv]

You have basically two choices, the first one being a little harder and less probability to pass at first:

1 - Use your US Self Employed records for the past 12 months and a secured job offer to start working when you move to the UK. The job in the UK will need to start within three months of coming to the UK.

2 - Come to the UK, start the job and work for 6 months. Use the 6 months evidence of secured job to overcome the financial requirements.

I am not an expert in this area, so I will leave others to comment further on this.

Best of luck

[MrMuffin]

You have basically two choices, the first one being a little harder and less probability to pass at first:

1 - Use your US Self Employed records for the past 12 months and a secured job offer to start working when you move to the UK. The job in the UK will need to start within three months of coming to the UK.

2 - ...

Thanks for your reply, harv. Your option 1 is exactly what I want to do... I am just unclear as to whether my self employment records from my USA-based business will count. There is nothing that I can see in the documentation that supports this possibility. Rather than already being registered in the UK it is only registered in the USA. I have my tax returns, income information, cleared checks and bank records to support it.

If anyone can shed light on this it would be much appreciated. Or should I try and contact the UKBA for clarification ahead of submitting the spouse application? If so how do I do that?

Thanks SO MUCH!!

[harv]

Being an ex-pat means you can get away with not providing UK based business information for the past 12 months but you would need a job waiting for you to start when you come to the UK. This needs to be confirmed in writing by the employer for you to satisfy the ECO that the job is genuinely there for you to start within the three month of you moving to the UK.

I would imagine you need to show your existing employment details to the ECO in order to satiefy them that you are paying taxes to the revenue department of the country to be on the safe side and that your existing earnings are at least to the required level of minimum£18,600 equaivalent.

I am not certain about the level of proof required, hopefully others will be able to comment on this.