[Spouse Visa] Self-Employed Issues

Old Jan 30th 2017, 11:08 am
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Default [Spouse Visa] Self-Employed Issues

Good afternoon all,

Trying to keep this as straight to the point as possible;

We're in the process of applying for my Wife's settlement visa. We have all the required documentation aside from one issue - since May 2016 I started working as a self employed IT Contractor.

This leaves us with only 9 months of 'books' with no valid self assessment Tax Return, as the business has only been running for less than a year.

I can provide full documentation of business accounts, personal and accounting letters stating I have earned over the allocated amount to financially support my Wife here in the UK, as well as the accountant detailing tax held in the business account and income from dividends / salary.

I've had two different opinions from HMRC on the issue, one call ended with stating my personal circumstances on a cover letter when applying, the second stating they would refuse as i can't provide a tax return.

Does anyone have experience or knowledge in this area, will a cover letter with every single piece of financial information for the last 9 months with headed / stamped confirmation from 2 banks and accountants suffice? (Also have a P60 and 12 months of payslips from my last full-time salaried employment from before May 2016). Or am i looking at an instant refusal :\

Thanks a lot for your time,

Ian
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Old Jan 30th 2017, 3:27 pm
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Default Re: [Spouse Visa] Self-Employed Issues

The following is taken from Appendix FM 1.7 detailing financial requirements for settlement visas.

Section 9 Self employment

9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.
9.2. Category G: Average of last two full financial years
9.2.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last two full financial years to meet the financial requirement.

Based on other people's experience of applying under self employment I do not hold out much hope for applying with less that evidence of one year's full financial accounts

https://www.gov.uk/government/upload...equirement.pdf
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