Advice Applying For Settlement Visa - Self Employed - Uk

[Bladefire]

Hi, a little information required if possible. History: I am married to a Thai National, we have a little boy (8 months) and a step-daughter (aged 8), i have lived in Thailand off and on for 3 years - i came back to the UK last August and got into a good self-employed job (construction). I will be applying for settlement visas for my wife and step-daughter hopefully mid-April when i get my tax return confirming earnings/tax, etc. My worry is that i wont have completed a fully years employment - only 8 months. I currently get paid £120 a day and will be with the same company come April as we have plenty of work. Having researched, i need to gross about £22,500 per year for us to qualify for applying for settlement visas. I also receive £565 per month rental income from my flat and £300 per month income from my personal pension. I have calculated that even with only 8 months employment i have the qualifying figure. My wife and step-daughter have been the UK on two occasions. They both went back to Thailand October 2012 after a six week visit. On both occasions i have submitted both visa applications myself with the help of your good selves on Thai visa. Because I am self employed and applying for settlement visas, i want to ensure that i get all the paperwork/financial side of things water-tight due to the cost involved, i also have savings of around £11,000 with a further £10,000 pending (owing me). My wife speaks good english now, my step-daughter is exceptionally clever and in a good school over there, she currently speaks good English, fair Mandarin and obviously Thai - they will have no problems settling here in the UK. My wife will shortly be travelling to Bangkok to sit the English test/tb scans/apply for my sons British passport. Do you think the information i have supplied will qualify us for settlement visas. Any pointers regarding self employment would be helpful. I know we have to apply on-line, i have downloaded the settlement form just to go through it to see exactly what information i should enclose with application. Your help is greatly appreciated. Thanks - Blade . . . .

[7by7]

Only savings above £16,000 can be used toward the financial requirement, and they must have been in your possession and control for at least 6 months prior to the application.

However, your self employed income can be used, as can your rental and pension income.

From what you have said, it appears that you do meet the requirement.

Have a read through Parts 6, 7, 8 and 9 of this document.

Then come back if you have any further questions.

[ThaiVisaExpress]

At the moment you will need to meet the financial requirement of 22,400 GBP a year. Take care to note that, for self-employed persons, savings cannot be used to meet the requirement. You can, however, use pension income, and you can use rental income. Each category, self-employed income, pension income, and rental income must meet its own specified requirements. The most complicated of the 3 is the self-employment requirement. Basically, you have to meet the requirement in the last full financial year, or by an average of the last two full financial years. The requirements are set out here. Please note the use of the words “ must be provided”. There is no discretion to accept anything else, and only very limited discretion for the visa officer to accept “explanations” as to why the evidence cannot be provided

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can use income from the last full financial year to meet the financial requirement. Or

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can choose instead to rely on Category G. Category G allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement.

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 (a copy or print-out); (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 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:

(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) (aa) If the applicant’s business is a registered company that is required to produce annual audited accounts, the latest such accounts; or

(bb) If the applicant’s business is not required to produce annual audited accounts, the latest unaudited accounts 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);

(ii) A certificate of VAT registration and the latest VAT return (a copy or print-out) 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.

(ii)

Regarding income from a pension, this is the requirement :

(i) Official documentation from:

(1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension); (2) An overseas pension authority; or (3) A pension company, confirming pension entitlement and amount.

(ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person's account.

Regarding income from property rental. This is the requirement :

The property must be :

(i) owned by the person;

(ii) (ii) not their main residence; and

(iii) (iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted.

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

(d) Equity in a property cannot be used to meet the financial requirement.

6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be included. Income from a property that is rented out for all or part of the year (e.g. a holiday let) can be counted.

So, it looks like you would need to show :

Income from pension 3,600 p.a.

Income from rentals 6,780 p.a.

Total 10,380 p.a.

Annual requirement 22,400 p.a.

Minus 10,380

means you need 12,020 GBP a year gross income from self-employment.

Be aware that this is the gross income you will need, and that any tax deductables you have cannot be included in your gross annual income.

This is only my initial rough calculation, and you will need to check the figures, and documentation, very carefully before submitting any application. It won't do you any good to say that someone told you that this is all you need ! Of course, if we can help you further, the please contact us.

Edited January 27, 2013 by ThaiVisaExpress

[Bladefire]

At the moment you will need to meet the financial requirement of 22,400 GBP a year. Take care to note that, for self-employed persons, savings cannot be used to meet the requirement. You can, however, use pension income, and you can use rental income. Each category, self-employed income, pension income, and rental income must meet its own specified requirements. The most complicated of the 3 is the self-employment requirement. Basically, you have to meet the requirement in the last full financial year, or by an average of the last two full financial years. The requirements are set out here. Please note the use of the words “ must be provided”. There is no discretion to accept anything else, and only very limited discretion for the visa officer to accept “explanations” as to why the evidence cannot be provided

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can use income from the last full financial year to meet the financial requirement. Or

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can choose instead to rely on Category G. Category G allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement.

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 (a copy or print-out); (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 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:

(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) (aa) If the applicant’s business is a registered company that is required to produce annual audited accounts, the latest such accounts; or

(bb) If the applicant’s business is not required to produce annual audited accounts, the latest unaudited accounts 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);

(ii) A certificate of VAT registration and the latest VAT return (a copy or print-out) 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.

(ii)

Regarding income from a pension, this is the requirement :

(i) Official documentation from:

(1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension); (2) An overseas pension authority; or (3) A pension company, confirming pension entitlement and amount.

(ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person's account.

Regarding income from property rental. This is the requirement :

The property must be :

(i) owned by the person;

(ii) (ii) not their main residence; and

(iii) (iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted.

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

(d) Equity in a property cannot be used to meet the financial requirement.

6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be included. Income from a property that is rented out for all or part of the year (e.g. a holiday let) can be counted.

So, it looks like you would need to show :

Income from pension 3,600 p.a.

Income from rentals 6,780 p.a.

Total 10,380 p.a.

Annual requirement 22,400 p.a.

Minus 10,380

means you need 12,020 GBP a year gross income from self-employment.

Be aware that this is the gross income you will need, and that any tax deductables you have cannot be included in your gross annual income.

This is only my initial rough calculation, and you will need to check the figures, and documentation, very carefully before submitting any application. It won't do you any good to say that someone told you that this is all you need ! Of course, if we can help you further, the please contact us.

At the moment you will need to meet the financial requirement of 22,400 GBP a year. Take care to note that, for self-employed persons, savings cannot be used to meet the requirement. You can, however, use pension income, and you can use rental income. Each category, self-employed income, pension income, and rental income must meet its own specified requirements. The most complicated of the 3 is the self-employment requirement. Basically, you have to meet the requirement in the last full financial year, or by an average of the last two full financial years. The requirements are set out here. Please note the use of the words “ must be provided”. There is no discretion to accept anything else, and only very limited discretion for the visa officer to accept “explanations” as to why the evidence cannot be provided

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can use income from the last full financial year to meet the financial requirement. Or

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment at the date of application, they can choose instead to rely on Category G. Category G allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement.

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 (a copy or print-out); (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 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:

(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) (aa) If the applicant’s business is a registered company that is required to produce annual audited accounts, the latest such accounts; or

(bb) If the applicant’s business is not required to produce annual audited accounts, the latest unaudited accounts 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);

(ii) A certificate of VAT registration and the latest VAT return (a copy or print-out) 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.

(ii)

Regarding income from a pension, this is the requirement :

(i) Official documentation from:

(1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension); (2) An overseas pension authority; or (3) A pension company, confirming pension entitlement and amount.

(ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person's account.

Regarding income from property rental. This is the requirement :

The property must be :

(i) owned by the person;

(ii) (ii) not their main residence; and

(iii) (iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted.

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

(d) Equity in a property cannot be used to meet the financial requirement.

6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be included. Income from a property that is rented out for all or part of the year (e.g. a holiday let) can be counted.

So, it looks like you would need to show :

Income from pension 3,600 p.a.

Income from rentals 6,780 p.a.

Total 10,380 p.a.

Annual requirement 22,400 p.a.

Minus 10,380

means you need 12,020 GBP a year gross income from self-employment.

Be aware that this is the gross income you will need, and that any tax deductables you have cannot be included in your gross annual income.

This is only my initial rough calculation, and you will need to check the figures, and documentation, very carefully before submitting any application. It won't do you any good to say that someone told you that this is all you need ! Of course, if we can help you further, the please contact us.

Thanks for all your advice, im pretty sure i meet the financial requirement together with rental income and pension income. Pretty sure i also read that i would need a letter from my current employer stating the time employed with them and any future work. There is a possibility i may be working for a different company before the end of the tax year (april) because they are offering more money, its just the nature of the business (construction), workers seem to go where they can obtain longer working periods when there current job is coming to an end. Many thanks - Blade . . . .