U.k Settlement Visa, Sponsor Self Employed.

[INCOGNITO146]

Hi,

My girlfriend has had two successful tourist visas to the u.k and we plan to marry in thailand and apply for a settlement visa next year.

I am self employed earning around 20k per year before tax, which is over the £18,600 threshold for a sponsor.

I just have a couple of queries.

1. I would be completing my 2012-2013 accounts in april next year just before we apply for the visa.

Will 12 months accounts, bank statements, tax return etc be enough ?

2. I usually do my accounts and tax return myself. would i have to get these done by a chartered accountant nxt april to qualify as sponsor ?

3. although my salary is above the threshold i have a loan i am currently paying off and regularly use my credit card and overdraft, although this is authorised by the bank and i never go over my limit.

Does this affect anything ?

4. As i am self employed i do not receive a P60. Do i need this to qualify ?

Thanks so much for any help.

rich

[VisasPlus]

The requirements are now quite specific. You will need to provide all of the following :

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 financial year.

(b ) The latest:

(i) annual self-assessment tax return to HMRC;

(ii) Statement of Account (SA300 or SA302); and,

(iii) the same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.

( c ) Proof of registration with HMRC as self-employed. This evidence must be either an original or a certified copy of the registration documentation issued by HMRC.

(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), monthly bank statements for the same 12-month period as the tax return(s).

(f) Monthly 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:

(i) evidence of payment of Class 2 National Insurance contributions (for self-employed persons); or,

(ii) current Appointment Reports from Companies House (for Directors).

(h) One of the following documents must also be submitted:

(i) The organisation's latest annual audited accounts with:

(1) the name of the accountant clearly shown; and,

(2) the accountant must be a member of an accredited accounting body specified in paragraph 19 (g)(ii) of Appendix A of these rules;

(ii) A certificate of VAT registration and the latest VAT return confirming the VAT registration number, if turnover is in excess of £73,000;

(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.

Regarding 7( c ) above, there is some confusion as to whether this "registration documentation" exists any more. I have asked the UKBA for clarification.

In addition, be careful of how you calculate your gross income. The specified evidence states :

19. When calculating income from self-employment under paragraphs 12A and 13(e) this paragraph applies:

(a) There must be evidence of ongoing self-employment at the date of application.

(b ) Where the self-employed person is a sole trader or is in a partnership or franchise agreement, the income will be:

(i) the gross taxable profits from their share of the business; and

(ii) allowances or deductable expenses which are not taxed will not be counted towards income.

(c ) Where the self-employed person has set up their own registered company and is listed as a director of that company, the income that can be counted will be any income drawn from the post-tax profits of the company.

I have put (b )(ii) in bold type as I think some self-employed will be caught out here. Read it carefully. In your case, if you have allowances or deductable expenses of around 1,400 GBP a year, then you may not qualify. The 18,600 GBP must not include any allowances or deductable expenses that are not taxed. Your accounts will have had to show these.

Read all of the requirements carefully. They are now very specific. If you don't provide what is required, then the application may well be refused.

Edited October 1, 2012 by VisasPlus

[INCOGNITO146]

Hi again,

My taxable profit will be 20k if not a little more.

With regard to the business registration document, i have been self employed for 8 years and never had a registration document.

I will get an accountant to do my year end figures etc at the end of the financial year so this will be covered.

Can anyone just verify that if the £18,600 threshold is met my credit cards, loans or overdraft are not taken into account as long as they are authorised by the bank ?

I think everything else is just about covered.

Thanks so much for your help.

rich

[7by7]

One of the stupid aspects of these new rules is that no account seems to be taken of outgoings; as long as the sponsor's income is £18600 pa or above (or sponsor and applicant meet the requirement by savings alone or a combination of savings and sponsor's income) then the sponsor can be up to their eyeballs in debt; authorised and serviced or not!

So a sponsor who earns £18599 pa with no debts will not meet the requirement, whereas a sponsor who earns £18600 pa but owes thousands they are struggling to repay will!

Lunacy.

Edited October 1, 2012 by 7by7

[INCOGNITO146]

Hi just another quick question.

If my Wife is pregnant can we still apply for the settlement visa as before ?

Would i have to prove a higher income of the £18,600 as it would count as two people or is it still for one until the baby is actually born ?

Thanks

[VisasPlus]

You need to take into account when the baby will be born. That is, will your wife be able to travel to the UK when the visa is issued. If she is more than about 28-30 weeks pregnant, then some airlines will not allow her to fly. A visa, if issued will take about 2 - 3 months from date of application.

If the child is born in Thailand, you will be able to apply for a British passport for the child ( assuming that the child qualifies ). If the child is British, then the lower threshold ( 18,600) applies. If you apply before the baby is born, it is only one visa fee ( for your wife).

[ThaiVisaExpress]

Just to add the child will be British by descent if born in Thailand.

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