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Settlement visa from India : Selfemployed Income

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ranji82
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Joined: Wed Apr 18, 2012 12:25 pm
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Settlement visa from India : Selfemployed Income

Post by ranji82 » Sat Apr 15, 2017 4:36 pm

Hi All
I was about to apply settlement visa for my wife and kid from india. I am a self employed and managed to meet income threshold for last financial year.

I was under employment from April 2016 to Nov 2016 .. un employed since then .. I was about to start my new job from end of this month.

when I am going through Appendix SE M https://www.gov.uk/guidance/immigration ... d-evidence.. for self employed they asked to submit proof of current self employment under Section 7 (g) of Evidence of Financial Requirements under Appendix FM ..

I can't provide any evidence as I am unemployed during that period .. can any one help me on how to resolve this and what documents I need to provide ?

your help is highly appreciated ..


Thanks a lot

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Casa
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Re: Settlement visa from India : Selfemployed Income

Post by Casa » Sat Apr 15, 2017 4:53 pm

Unless you can show evidence that you have £62,500 in savings, held in an accessible account for 6 months you will be unable to meet the £18,600 p.a
minimum income level as you are currently have no income. Past self-employment followed by a period of unemployment won't qualify.

The Case Worker will want to see that you are meeting the minimum income level at the time the application is submitted.

I suggest you wait until you have 6 months of payslips from your new job + the corresponding bank statements.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ranji82
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Posts: 101
Joined: Wed Apr 18, 2012 12:25 pm
United Kingdom

Re: Settlement visa from India : Selfemployed Income

Post by ranji82 » Sat Apr 15, 2017 5:11 pm

Casa wrote:Unless you can show evidence that you have £62,500 in savings, held in an accessible account for 6 months you will be unable to meet the £18,600 p.a
minimum income level as you are currently have no income. Past self-employment followed by a period of unemployment won't qualify.

The Case Worker will want to see that you are meeting the minimum income level at the time the application is submitted.

I suggest you wait until you have 6 months of payslips from your new job + the corresponding bank statements.
Thanks Casa for your quick reply .. my annual income for the financial year (April 2016 to March 2017 ) is 25000 which is more than the minimum income threshold .. my unemployment for past 5 months will it effect out come ? .. I can produce document about new job which I am starting after easter.

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Casa
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Re: Settlement visa from India : Selfemployed Income

Post by Casa » Sat Apr 15, 2017 5:15 pm

This won't be sufficient in to enable your to qualify. The Case Worker is only interested in what you are earning now, not how much you earned in a previous period of self-employment which ended last year. Neither will they consider future earnings in a job which hasn't commenced.

You need to submit evidence of at least 6 months employment in your new job. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ranji82
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Posts: 101
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United Kingdom

Re: Settlement visa from India : Selfemployed Income

Post by ranji82 » Sat Apr 15, 2017 5:42 pm

Below are list of documents required for Self Employed .. I got all the documents except (g)

7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out); and
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
(f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

Can I apply standard visitor visa for my family for the 6 months and then apply settlement ..

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Casa
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Re: Settlement visa from India : Selfemployed Income

Post by Casa » Sat Apr 15, 2017 6:05 pm

Point (g) is where you will fail to meet the requirements as your self-employment isn't ongoing. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ranji82
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Re: Settlement visa from India : Selfemployed Income

Post by ranji82 » Sat Apr 15, 2017 6:49 pm

Thanks Casa for clarification .. Any idea can I apply for visiting visa ?

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Casa
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Re: Settlement visa from India : Selfemployed Income

Post by Casa » Sat Apr 15, 2017 6:55 pm

You can certainly apply for a visitor visa for your wife, but she must submit evidence of strong ties to her home country in order to convince the ECO that she won't overstay. Although visitor visas are issued for a standard 6 month period, a stay of 6 months is likely to be considered too long.

If her visitor visa is issued, ensure that she doesn't remain in the UK longer than the time she has requested in the application.

Also be aware that she won't be able to switch from visitor to spouse from within the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ranji82
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Posts: 101
Joined: Wed Apr 18, 2012 12:25 pm
United Kingdom

Re: Settlement visa from India : Selfemployed Income

Post by ranji82 » Sat Apr 15, 2017 7:41 pm

Thanks a lot Casa.. Sorry for too many questions ... one last question ..Shes was in UK as my dependent before once as tier 1 dependent and as settlement dependent as well .. Any idea does it effect approval of her visiting visa?

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Casa
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Re: Settlement visa from India : Selfemployed Income

Post by Casa » Sat Apr 15, 2017 7:58 pm

It shouldn't providing she can convince the ECO that she has stronger reasons to return to India than she has to remain in the UK. This may be something of a challenge.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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