Foreign income to meet UK Spouse Visa Requirements

[ukdweller]

My wife is about to apply for an extension for her UK spouse visa. She doesn't work in the UK but runs a business in a different country remotely. This business generated about GBP30,000 in 2017 (latest financial year) which should be more than enough to meet the financial requirements for the visa extension of £18,600. I could find very little guidance on what evidence should be provided for an overseas-based business in Appendix FM Section 1.7.

My questions are:
- can foreign income be used to meet financial requirements of UK Spouse Visa?
- what evidence should be provided?

I presume everything will need to be translated into English.

Thank you for your help!

[physicskate]

My wife is about to apply for an extension for her UK spouse visa. She doesn't work in the UK but runs a business in a different country remotely. This business generated about GBP30,000 in 2017 (latest financial year) which should be more than enough to meet the financial requirements for the visa extension of £18,600. I could find very little guidance on what evidence should be provided for an overseas-based business in Appendix FM Section 1.7.

My questions are:
- can foreign income be used to meet financial requirements of UK Spouse Visa?
- what evidence should be provided?

I presume everything will need to be translated into English.

Thank you for your help!

Foreign pension income can be used. Foreign income from owning a business cannot be used to meet the financial requirement.

[ukdweller]

Thank you for your reply.

My wife's business is not incorporated so the business is run as self-employed in that country.

I see that Section 9.6.1. of Appendix FM Section 1.7 makes an explicit reference to "8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7"

So you believe she won't be able to use this income to meet the requirements, right? Can you please point me to your source?

Thank you!

[ukdweller]

Also, she will be paying UK tax on this income in her annual self-assessment.

[physicskate]

Thank you for your reply.

My wife's business is not incorporated so the business is run as self-employed in that country.

I see that Section 9.6.1. of Appendix FM Section 1.7 makes an explicit reference to "8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7"

So you believe she won't be able to use this income to meet the requirements, right? Can you please point me to your source?

Thank you!

As with everything I say, it is based on opinion, vast experience on these boards and understanding of the rules. Feel free to disagree with me. Feel free to apply and be rejected or accepted. I think you would be taking a HUGE risk.

You also haven't mentioned how the company operates - sole trader? self employed? employed? director?

UKVI will find it hard to believe she can work as self-employed in a foreign country and remain living in the UK. Is she working from home (in the UK?). If she works from within the UK (telecommuting or similar) she would be liable for UK tax.

This is highly irregular...

As self employment is THE hardest category to file under, they will use ANY excuse to deny under this category - can they verify the authenticity of these very specific foreign docs??


From Appendix FM-SE:

(ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.

(c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons.
(d) If the applicant has submitted:

(i) A document in the wrong format.......


(c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).
(cc) The income of an applicant or sponsor working in the UK in salaried or non-salaried employment or in self-employment can include income from work undertaken overseas, provided paragraph E-LTRP.1.10 of Appendix FM and the other requirements of this Appendix are met.

My interjection - So they CAN be self-employed in the UK and undertake work overseas, but it reads as if they must be based in the UK.

ELTRP.1.10 refers to living permanently together in a marriage in the UK. By being self-employed in another country, this raises doubt.

[physicskate]

Thank you for drip-feeding.

In that case, file all of the relevant UK docs for the self-employment. It now seems she is self-employed in the UK but undertakes (the odd??) work overseas??

[seagul]

Even in case if the foreign self employment gets counted but on grounds of cohabitation the application might be failed.

[ukdweller]

Thank you for drip-feeding.

In that case, file all of the relevant UK docs for the self-employment. It now seems she is self-employed in the UK but undertakes (the odd??) work overseas??

My apologies for drip-feeding. Thank you for your replies! Appreciate it a lot

[ukdweller]

Even in case if the foreign self employment gets counted but on grounds of cohabitation the application might be failed.

Thank you for your opinion. What do you mean by "on grounds of cohabitation the application might be failed". She has been living with me in the UK for more than 2.5 years now. Is there an angle I am missing?

Thank you!

[seagul]

Even in case if the foreign self employment gets counted but on grounds of cohabitation the application might be failed.

Thank you for your opinion. What do you mean by "on grounds of cohabitation the application might be failed". She has been living with me in the UK for more than 2.5 years now. Is there an angle I am missing?

Thank you!

For extending the spouse visa (FLRM), one of the key requirement to meet is to provide the proof of cohabitation from the last 2 years. So, if your partner is living abroad then how can you meet this requirement which usually gets generated with physical presence (although short absences might not affect them to generate). Absence from UK for longer time might affect the creation of proof of cohabitation although by law there is no threshold of absence so far for spouse visa.

[ukdweller]

I see your point. Thank you!

My wife has been living with me in the UK for more than 2.5 years. We have a joint tenancy agreement and utility bills. She was running a business in her country of birth for 6 years before we got married. In 2016 she moved to the UK on a spouse visa and continued to run her business remotely. She operates from our apartment in London via Skype and other communication tools and visits her birth country 2-3 times a year.

[seagul]

Apart of that the foreign income usually through employment route is only acceptable if the sponsor is earning £18600 per year at abroad but also have a job offer to start within 3 months of arriving in UK. Under this perspective as well the applicant foreign income even might not be considered.