visa/self employed

[deano123]

hi guys,

I may have a problem, my wifes 2.5 year biometric work residency visa is up for renewal on the 29th feb 19, I was in full time employment up until the end of june when I left that and started up my own taxi business, ive started filling in my FLR renewal form for my wife but have hit a snag with the payslip part! obviously I wont be able to provide the next 6 months slips from my previous jobs,  I have an accountant who says he will do a 6 months earnings and business package that will prove my worth and my finances, I also have my P60 tax year april 18 and a UTR self assessment number, should I be ok as I'm starting to worry that ive made a bit of a cock up here! my wife is in full time employment and is registered on the council tax billing also, she has her own doctor etc etc, so has plenty of proof that covers her as an honest hard working citizen, shes passed all the relevant tests so far (A1/A2) and is now studying for her B1, have the steps ive taken so far enough to satisfy the home office? I have bank statements and all my previous pay slips from my full time employment also...

[rasg]

Self employment is in a category of its own as far as FLR and settlement visas are concerned. You still need to fulfill the £18,600 pa requirement but the way I understand it you will need a full years accounts with an SA302 showing you have paid your tax. That was the problem with the Trigger from Only fools and horses a few months ago. You can’t combine your self employed return with cash savings either. To use savings on their own you need £62,500 in the bank and if I remember it needs to be in the bank six months before you apply for the visa.

 

If your wife is earning the £18,600 pa requirement you might be able to do it that way.

 

I only know enough from my own situation when my wife applied for FLR a couple of years ago and somebody who knows more will no doubt chip in to help you more.

[deano123]

53 minutes ago, rasg said:

Self employment is in a category of its own as far as FLR and settlement visas are concerned. You still need to fulfill the £18,600 pa requirement but the way I understand it you will need a full years accounts with an SA302 showing you have paid your tax. That was the problem with the Trigger from Only fools and horses a few months ago. You can’t combine your self employed return with cash savings either. To use savings on their own you need £62,500 in the bank and if I remember it needs to be in the bank six months before you apply for the visa.

 

If your wife is earning the £18,600 pa requirement you might be able to do it that way.

 

I only know enough from my own situation when my wife applied for FLR a couple of years ago and somebody who knows more will no doubt chip in to help you more.

I will be able to show more than 18600 up until Feb but not in actual pay slips, I left my previous employment in June so have may be 5,500 from actual employment but can only prove my worth through bank statements on what I'm earning as a taxi driver, what will happen if they dont except this god knows, I hope I'm not in the situation where her next 2.5 year visa gets rebuked and she has to return home, she has a decent job but not 18600 per annum.. 

Pretty sick with worry now ?

[deano123]

4 minutes ago, deano123 said:

I will be able to show more than 18600 up until Feb but not in actual pay slips, I left my previous employment in June so have may be 5,500 from actual employment but can only prove my worth through bank statements on what I'm earning as a taxi driver, what will happen if they dont except this god knows, I hope I'm not in the situation where her next 2.5 year visa gets rebuked and she has to return home, she has a decent job but not 18600 per annum.. 

Pretty sick with worry now ?

Did you meet the requirements? And how did you get round it if YOU didn't?

[rasg]

9 hours ago, deano123 said:

Did you meet the requirements? And how did you get round it if YOU didn't?

Yes. For both the settlement visa and my wife's first FLR.

 

My suggestion is that you send the financial guidelines needed for FLR to your accountant and give him your figures and he will check if there is any way to make your income work. Mine charged me £100 extra, over and above the accounts themselves and it was real peace of mind.

[Tony M]

I might be wrong, but I don't think you can currently meet the requirements.  To qualify on salary income, you must be in salaried employment at the date of application, and you aren't.  To qualify as self-employed, you must have evidence of 18,600 GBP income from self-employment, evidencing it by the tax return, etc from the last full financial year.

 

You might be able to get round it by taking salaried employment immediately, and getting a wage slip. That will give you an "annualised" salary  You can then show that you are employed on the date of application. That, along with your wife's salaried income, and evidence that, over the 12 months prior to the date of application, your total income was over 18,600 GBP, might do it. Don't quote me on that, but it would need some looking into. It's just off the top of my head, but try looking into it.

 

 

[deano123]

53 minutes ago, Tony M said:

I might be wrong, but I don't think you can currently meet the requirements.  To qualify on salary income, you must be in salaried employment at the date of application, and you aren't.  To qualify as self-employed, you must have evidence of 18,600 GBP income from self-employment, evidencing it by the tax return, etc from the last full financial year.

 

You might be able to get round it by taking salaried employment immediately, and getting a wage slip. That will give you an "annualised" salary  You can then show that you are employed on the date of application. That, along with your wife's salaried income, and evidence that, over the 12 months prior to the date of application, your total income was over 18,600 GBP, might do it. Don't quote me on that, but it would need some looking into. It's just off the top of my head, but try looking into it.

 

 

I'm seeing my accountant tomorrow with the view of setting up a payroll account, he takes my tax on a monthly basis and provides me with a pay slip and earnings every month..

I've been told that should be ok and sufficient..

[rasg]

Just be very careful. If you try and pass off your self employment status as employed the FLR might be rejected.

[deano123]

16 minutes ago, rasg said:

Just be very careful. If you try and pass off your self employment status as employed the FLR might be rejected.

I understand this and I'm not trying to pass it off as employed, just proving that I'm paying tax and stamp, thanks for the advice tho ?

[Tony M]

1 hour ago, deano123 said:

I'm seeing my accountant tomorrow with the view of setting up a payroll account, he takes my tax on a monthly basis and provides me with a pay slip and earnings every month..

I've been told that should be ok and sufficient..

With respect to your accountant, he is not the best person to advise you about an FLR application. If he is supplying you with a wage slip each month, then you effectively employing yourself. You are not in salaried employment. You need a qualified immigration advisor.

You also said:

I have an accountant who says he will do a 6 months earnings and business package that will prove my worth and my finances, I also have my P60 tax year april 18 and a UTR self assessment number, should I be ok 

 

That sounds like he is going to provide with a plan on future earnings. If so, I don't think the Home Office will accept it as evidence of income.

[7by7]

On ‎9‎/‎8‎/‎2018 at 9:46 AM, deano123 said:

my wife is in full time employment

How much does she earn?

 

If over £18,600 p.a. then her income alone is sufficient.

 

If less, do you and/or she have savings above £16,000 which can be combined with her income to reduce the amount of each required?

 

10 minutes ago, Tony M said:

You need a qualified immigration advisor.

Indeed, you can find one via Find an immigration adviser

[rasg]

4 hours ago, Tony M said:

With respect to your accountant, he is not the best person to advise you about an FLR application. If he is supplying you with a wage slip each month, then you effectively employing yourself. You are not in salaried employment. You need a qualified immigration advisor.

I think it depends how good your accountant is. ?

 

My accountant didn't try and circumvent the rules for being self employed. He made sure that all of the criteria were fulfilled to submit my accounts so that my wife had the visa granted. The guidelines are very specific but I did think my accountant was better qualified to decipher them. 

[Tony M]

5 hours ago, rasg said:

I think it depends how good your accountant is. ?

 

My accountant didn't try and circumvent the rules for being self employed. He made sure that all of the criteria were fulfilled to submit my accounts so that my wife had the visa granted. The guidelines are very specific but I did think my accountant was better qualified to decipher them. 

Well, that seems to be a bit like asking an ECO to do your accounts, and that doesn't really make sense to me.  

With respect to the OP (and his accountant) the OP says :

 I have an accountant who says he will do a 6 months earnings and business package that will prove my worth and my finances, I also have my P60 tax year april 18 and a UTR self assessment number, should I be ok 

 

Personally, I think that's asking for trouble, and will not get a visa issued. Your accountant may disagree, of course. Perhaps we should ask him for his opinion ?

[DavidOxon]

I'm in a similar situation... I'm self employed in the UK but live and do my self employment by computer in Thailand, therefore inelligable to complete a UK tax return! If you can't prove the income with a self assessment and SA302 then the only ways is savings.

[Tony M]

21 minutes ago, DavidOxon said:

I'm in a similar situation... I'm self employed in the UK but live and do my self employment by computer in Thailand, therefore inelligable to complete a UK tax return! If you can't prove the income with a self assessment and SA302 then the only ways is savings.

Isn't it possible to get an accountant to prepare and submit your accounts in the UK ?

[DavidOxon]

19 minutes ago, Tony M said:

Isn't it possible to get an accountant to prepare and submit your accounts in the UK ?

No, because 'my friend' has no UK tax to pay... he'se already tried that. Seems 'my friend' should have been paying tax in Thailand but he didn't know that either and really doesn't want to open up that bag of snakes and implications going back 10+ years!

[rasg]

13 hours ago, Tony M said:

Personally, I think that's asking for trouble, and will not get a visa issued. Your accountant may disagree, of course. Perhaps we should ask him for his opinion ?

I think you are right. My accountant gave one of his minions the guidelines and told him to go away and do some bedtime reading to totally familiarise himself with what was needed. They've since done quite a few sets of accounts for visa applications.?

[DavidOxon]

are they prepared to bend the rules then? The 3 accountants I contacted wouldn't touch it with a bargepole. It didn't help that I had told the IR that I was leaving the UK 11 years ago and they stopped sending me tax returns

[7by7]

On ‎9‎/‎10‎/‎2018 at 2:29 AM, DavidOxon said:

I'm in a similar situation... I'm self employed in the UK but live and do my self employment by computer in Thailand, therefore inelligable to complete a UK tax return! If you can't prove the income with a self assessment and SA302 then the only ways is savings.

No, you were not ineligible to complete a UK tax return! The only way you would not have had to do so is if you were paying tax on your income in Thailand and Thailand and the UK have a double taxation agreement. See Tax on your UK income if you live abroad. 

 

Had you done what you were supposed to, you would have the required documents to prove your income; either from the UK or Thailand, as per paragraph 7 or 8 of the Immigration Rules Appendix FM-SE: family members specified evidence depending upon where you had paid your tax.

 

[deano123]

On 9/10/2018 at 2:51 PM, rasg said:

I think you are right. My accountant gave one of his minions the guidelines and told him to go away and do some bedtime reading to totally familiarise himself with what was needed. They've since done quite a few sets of accounts for visa applications.?

If you can produce £18.600 self employed earnings in six months ( as says in .guv) with receipts and bank statements you will meet the criteria,  ive earnt 10k in 2.5 months and can prove that with inward bank payments and a spread sheet, that should suffice...

[deano123]

Just now, deano123 said:

If you can produce £18.600 self employed earnings in six months ( as says in .guv) with receipts and bank statements you will meet the criteria,  ive earnt 10k in 2.5 months and can prove that with inward bank payments and a spread sheet, that should suffice...

I also have earnings (p60) of 4600 from April previous job, ...

 

[deano123]

Just now, deano123 said:

I also have earnings (p60) of 4600 from April previous job, ...

 

And her visa isn't up for renewal until 29/02/19

[Rob180]

What happens if you've only been self employed for 9 of the last 12 months, but have completed a self assessment etc.? Will they just average what you earned in 9 over 12?

[rasg]

I am pretty certain that you need to show a full years accounts. I say that because I have seen others falling foul of that rule.