Financial requirement, self employed, benefits

[Dantean]

If a self-employed sponsor has net income, which, when combined with ongoing sporadic part-time employment, is above the £18,600 threshold for the previous year, but also had periods of receiving JSA and housing benefit, will that cause any problems for an FLR(M) application for a spouse outside the UK? The self-employed work is fairly highly paid but sporadic.
The JSA and housing benefit, are of course, not being included in the income. I just wonder if they will raise any flags, or if there is any rule I have missed in the financial requirements. I assume the sponsor cannot be in receipt of such benefits at the time the application is filed.

[Casa]

A FLR(M) application can't be submitted from outside of the UK.

How have you been claiming JSA if you are registered as self-employed?

"The evidence submitted must cover the relevant financial year(s) most recently ended. A self-assessment tax return may include provisional figures, where the return explains why this is so and how the figures were arrived at, and in which case a covering letter explaining this and how any provisional figures tie in with other material submitted, e.g. audited or unaudited accounts, may be helpful. This means 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"

See specified evidence 9.6.1.
https://www.gov.uk/government/uploads/s ... rement.pdf

[Dantean]

Thanks Casa.

A FLR(M) application can't be submitted from outside of the UK.

They'll have to apply online, right? Following the "Apply to join family living permanently in the UK" process outlined here: https://www.gov.uk/join-family-in-uk/overview
Then assuming they're successful, using the FLR(M) after the first 2.5 years.

How have you been claiming JSA if you are registered as self-employed?

I'm asking for another person, so I'll ask them for details. I don't really know anything about JSA eligibility. A quick web search gives some results saying a self employed person may be eligible for Income Based JSA rather than contribution based JSA, so maybe that's what they are doing.

I was just thinking the case worker is bound to notice any benefit payments, and I understand the £18,600 limit was established because it was above the income limit for most benefits, but I don't know if there is any specific rule saying the sponsor must not have had benefits during the period looked at for meeting the financial requirements.

[Petaltop]

How have you been claiming JSA if you are registered as self-employed?

I'm asking for another person, so I'll ask them for details. I don't really know anything about JSA eligibility. A quick web search gives some results saying a self employed person may be eligible for Income Based JSA rather than contribution based JSA, so maybe that's what they are doing.

These are the requirements to claim JSA

You could get Jobseeker’s Allowance (JSA) if all of the following apply:

you’re 18 or over (there are some exceptions if you’re 16 or 17 - contact Jobcentre Plus for advice)
you’re under State Pension age
you’re not in full-time education
you’re in England, Scotland or Wales
you’re available for work
you’re actively seeking work
you work on average less than 16 hours per week
https://www.gov.uk/jobseekers-allowance/eligibility

If he is saying he was self employed, to be able to sponsor someone, then how would he have met the last three requirements for the JSA he claimed during that time?

Jobseekers also have to job hunt for 35 hours a week, go on courses, go on work experience, go the job centre etc.

[Dantean]

you’re available for work
you’re actively seeking work
you work on average less than 16 hours per week[/i]
https://www.gov.uk/jobseekers-allowance/eligibility

If he is saying he was self employed, to be able to sponsor someone, then how would he have met the last three requirements for the JSA he claimed during that time?

Jobseekers also have to job hunt for 35 hours a week, go on courses, go on work experience, go the job centre etc.

I am also self employed and I work in tech and though I have a more steady income stream now, there were times in the past when a single two month contract could double my annual income, then two months of almost nothing. In many industries, when you're self employed, it can be feast or famine, with long periods of actively seeking work with no income. So as long as a self employed person's savings are below the threshold, from the list above, I don't see anything disqualifying.

But I'm not really asking to advise him on whether he should have gotten JSA, but rather for the immigration implications of having gotten it. And in the rules, it's clear you cannot count it as income, but it's not clear to me whether having received benefits is detrimental to a spouse visa.

As far as I know, after receiving a spouse visa, the sponsor would not be prohibited from receiving JSA and/or housing benefit if they lost their job, and it wouldn't be detrimental to an application for extension as long as the sponsor had another job within 6 months of the extension application. Or would it?

[Petaltop]

I am also self employed and I work in tech and though I have a more steady income stream now, there were times in the past when a single two month contract could double my annual income, then two months of almost nothing. In many industries, when you're self employed, it can be feast or famine, with long periods of actively seeking work with no income. So as long as a self employed person's savings are below the threshold, from the list above, I don't see anything disqualifying.

I'm well aware what self employed did but have you read the changes under the Welfare Reform Act for the Self Employed? What you descirbed above is being stopped. Universal Credit is replacing 6 income based benefits: JSA, Housing Benefit; Child Tax Credits; Working Tax Credits; Income Support and ESA.

The self employed will have a MIF (minimum income floor) and their claim is based even if they don't earn that amount. The hours your claim will be worked out on each week will be 35 hours a week. The minimum hourly wage will be £7.50 in April. Start ups have a 12 month exception. 35 x £7.50 = £262.50 per week for your MIF.

But Universal Credit is worked out monthly, so you will could have your "feast" times in with your MIF calculatiion (even if your aren't earning that MIF) and that claculates how much UC you get that month.

To stop those why try to ceate a new business every year to get welfare payments, a new business can't be started for another 5 years (well it can, but that won't increase your benefits).


When the Department for Work and Pensions (DWP) works out your Universal Credit payments, they will normally assume you’re earning at least the ‘minimum income floor’. This is an assumed level of earnings that is used to calculate your Universal Credit when your actual earnings fall below it.

Your minimum income floor level is calculated as follows:

The number of hours you would be expected to work each week. This depends on your personal circumstances, for example you’d be expected to work fewer hours if you have caring responsibilities or you’re disabled.
This figure is then multiplied by the national minimum wage rate for your age group.
This figure is multiplied by 52 then divided by 12 to reach a monthly figure.
An amount for Income Tax and Class 2 and Class 4 National Insurance contributions is then deducted to arrive at your monthly minimum income floor.

Your Universal Credit is paid monthly in arrears directly into your bank account. The amount you get each month is linked to how much you earn.

If you earn more than the minimum income floor you will receive less Universal Credit.
If you earn less than the minimum income floor you won’t get any more Universal Credit to make up the difference.


https://www.moneyadviceservice.org.uk/e ... f-employed

[Petaltop]

But I'm not really asking to advise him on whether he should have gotten JSA, but rather for the immigration implications of having gotten it. And in the rules, it's clear you cannot count it as income, but it's not clear to me whether having received benefits is detrimental to a spouse visa.

As far as I know, after receiving a spouse visa, the sponsor would not be prohibited from receiving JSA and/or housing benefit if they lost their job, and it wouldn't be detrimental to an application for extension as long as the sponsor had another job within 6 months of the extension application. Or would it?

How can they lose their job if they are self employed?

You seem to be asking if someone can claim to be Self Employed to sponsor a spouse and then go back onto benefits? The SE sponsorship catagory is one of the toughtest, for obvious reasons, so expect UKVI to have a good look at the documents. I have no idea if those benefit payments will cause problems.

However, instead of going back onto JSA and Housing Benefit, they will more likely go onto Universal Credit instead as they will be treated as a new claim. Universal Credit has much tougher rules for benefits claimants.

If they claim to be SE and want benefits, then they will have reduced benefits as explained above as the welfare state will no longer support a failing business. The SE will now have to put money aside during those "feast" times to support their families when they are in a "famine" phase.