UK spouse visa - income question

[darren1971]

If your income was under the required amount but you job includes all living expenses - rent, utilities, food, drink, car... can they be considered. I lease a public house and my actual earned income is below the threshold on my tx return but all my living expense have already come out?

[darren1971]

I should add my business is set up as a partnership, it would be possible to change the condition of the partnership so I had a larger share of the business which would get me over the £18,600.... Could this be possibly the simplest route to meet the requirements.

[rasg]

Are you self employed?

[darren1971]

1 minute ago, rasg said:

Are you self employed?

yes, it's a partnership, 50/50 running a leased pub. Have been self employed in a partnership for 8 years

Edited April 11, 2017 by darren1971

[darren1971]

I have just noticed this on the financial requirements for self employed in partnership:

 

(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.

 

Would they expect to see transfers from the joint business account into my personal account? because I have never done that. Me and my business partner take a very small monthly drawing from the business account as all our living costs are already paid for by the business. Other drawings are made in cash as an when we need them.

[darren1971]

Of course another option is just to ask our accountant to make my business partner a sole trader and me an employee with a salary of £19k a year... would they ask what i was doing prior? would I need to produce evidence and would this be an issue?

 

so many questions I know!

[7by7]

18 hours ago, darren1971 said:

If your income was under the required amount but you job includes all living expenses - rent, utilities, food, drink, car... can they be considered. I lease a public house and my actual earned income is below the threshold on my tx return but all my living expense have already come out?

You need a cash income of at least £18,600 p.a.; no account is taken of payments in kind.

 

For the self employed, it is their taxable income which counts. From the financial requirement appendix

Quote

9.5.3. Appendix FM-SE specifies further requirements for self-employment income:
 
19. When calculating income from self-employment under paragraphs 12A and 13(e)… this paragraph applies: 

( 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. 

 

10 hours ago, darren1971 said:

Would they expect to see transfers from the joint business account into my personal account? because I have never done that. Me and my business partner take a very small monthly drawing from the business account as all our living costs are already paid for by the business. Other drawings are made in cash as an when we need them

Yes, you must supply all the specified evidence for the category under which you meet the requirement.

 

9 hours ago, darren1971 said:

Of course another option is just to ask our accountant to make my business partner a sole trader and me an employee with a salary of £19k a year... would they ask what i was doing prior? would I need to produce evidence and would this be an issue?

A possibility, but you would need to have been an employee for at least 6 months prior to the application, and provide the specified evidence of this.

 

You would not need to supply any evidence of what your were doing before the employment began.

 

As you are currently asking about a visit visa for your girlfriend in another topic, I assume you are thinking about the future here; so have plenty of time in which to do all this.

[rasg]

11 hours ago, darren1971 said:

Of course another option is just to ask our accountant to make my business partner a sole trader and me an employee with a salary of £19k a year... would they ask what i was doing prior? would I need to produce evidence and would this be an issue?

You will need to get your accountant to do this. It was well worth the £100 I paid my accountant to do it. I emailed him the requirements and he did the rest. You will need a full set of accounts along with your SA302 showing tax paid including bank statements.

[darren1971]

2 minutes ago, rasg said:

You will need to get your accountant to do this. It was well worth the £100 I paid my accountant to do it. I emailed him the requirements and he did the rest. You will need a full set of accounts along with your SA302 showing tax paid including bank statements.

 

the self employed route could be a problem for me because of how my business is structured. I may well just disolve the partnership, become an employee for 6 months prior to applying and use that route - it's a pain but seems like an easier option to satisfy the income part

[rasg]

There is no doubt that being employed is a simpler way of doing things but a good accountant may be able to help you.

[darren1971]

quick chat to my accountant and switching from self employed partner to employee will be my best option - will cost me another £2000 in tax and a small fee to my accountant to arrange it.

 

I am presuming that after the 30 months of my partner residing in the UK on a spouse visa we will then be able to include her UK employed salary to mine for the next stage.

[7by7]

2 hours ago, darren1971 said:

 

I am presuming that after the 30 months of my partner residing in the UK on a spouse visa we will then be able to include her UK employed salary to mine for the next stage.

Yes.

 

The financial requirement has to be met again for Further Leave to Remain after living in the UK for 30 months and then again for Indefinite Leave to Remain after a further 30 months (five years in total).

 

But for both of these applications, if using income for all or part of it the income can be the sponsor's, the applicant's or a combination of both.

 

BTW, the immigration health surcharge needs to be paid with the initial visa application and again with the FLR application; but not with the ILR one.