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Posted

Hi

 

exploring going 'home'

Married to a Thai for 11 years (got married in the UK where we met) lived in Thailand 10.5 years with a 9 year old dual national daughter

I meet the income threshold but am self employed, having been 'used' be 2 companies in the UK (but working remotely) for more than 20 years with no sign of anything changing in the forseeable future

paid in sterling into my UK bank account... would this count as income for applying for a spouse settlement visa ... 

 

would value any insight. I have a property for sale in the UK that would be sufficient if it sold, but things are a little sluggish over there

and a house to sell here .... also sluggish .... either of which would give me enough to go the savings route, but is it worth the risk to apply based on income when I'm self employed and not even living in the UK so have no tax returns to show...

 

 

thanks

Posted

You say self employed but then you mention two companies you use - are these companies you own or are you contracting via an agent offshore? 

Posted

just companies I worked for when I was in the UK and France and carried on working for whilst in Thailand... bit like a digital nomad, except I never go anywhere!

Posted

When those companies pay you they presumably do so based on an invoice or contract of some sort, could they not be used as proof of income?

 

Do you pay UK tax on those earnings?

 

 

Posted
6 hours ago, DavidOxon said:

just companies I worked for when I was in the UK and France and carried on working for whilst in Thailand... bit like a digital nomad, except I never go anywhere!

If you have not been paying tax in the UK then you have obviously been paying tax in Thailand where you have been residing. Thailand and the UK have a tax agreement so that you only pay tax in one country no matter which country the earnings originate so as long as you can show the income tax has been paid in Thailand then you can use these earnings as part of the visa application. Obviously if you have not been paying income tax in either country then that is tax evasion and an offense which carries a hefty prison sentence in both countries. If you have been evading tax for 10 years you would be better of not getting in to these undeclared earnings.

Posted
On ‎6‎/‎30‎/‎2018 at 7:15 AM, DavidOxon said:

I have a property for sale in the UK that would be sufficient if it sold, but things are a little sluggish over there

and a house to sell here .... also sluggish .... either of which would give me enough to go the savings route, but is it worth the risk to apply based on income when I'm self employed and not even living in the UK so have no tax returns to show..

From the financial requirement guidance, 9.3. Self-employment or Director or employee of a specified limited company in the UK – general requirements

Quote

9.3.1. For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year. Where the applicant is relying on their partner’s income from self-employment overseas, the relevant financial year(s) will reflect the requirements of the taxation system of that country. 

 

 See the relevant to you parts of the Immigration Rules Appendix FM-SE: family members specified evidence for the documents you will need to supply to prove your income. 

Quote

8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.

 

If you cannot supply this evidence , then I suggest that you do sell sufficient assets to go the cash savings route.

  • 2 months later...
Posted
On ‎7‎/‎1‎/‎2018 at 2:32 AM, Fish Head Soup said:

If you have not been paying tax in the UK then you have obviously been paying tax in Thailand where you have been residing. Thailand and the UK have a tax agreement so that you only pay tax in one country no matter which country the earnings originate so as long as you can show the income tax has been paid in Thailand then you can use these earnings as part of the visa application. Obviously if you have not been paying income tax in either country then that is tax evasion and an offense which carries a hefty prison sentence in both countries. If you have been evading tax for 10 years you would be better of not getting in to these undeclared earnings.

It would appear that you are correct. I'm ok at the UK end... didn't realize this end!

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