Shaji Memon

Hello everyone

I am new to this all spouse visa thing and I know we all are in the same boat but I would really appreciate if anyone can help me. I’ll explain my situation here

1. I am a British + Pakistani dual national

2. I came in UK in October 2018 and started my 1st job in December 2018

3. I am a Self-employed Dentist

I was initially under the impression that I too need 6 months’ pay slips in order to apply for spouse visa but later figured out that I need 12 months’ pay slips.

Again, I thought 12 months would mean December 2018 (my 1st month of job) till November 2019 but later came to know that 12 pay slips need to be in UK financial year (April 2019 to March 2020)

Now the problem is I cannot apply for my wife’s spouse visa until April 2020 which is very frustrating

I need your help with couple of queries

1. Can I still apply for spouse visa earlier than April 2020 if I am able to show £18600 earning in 6 months or so (April 2019 till whenever £18600 are done) (but before April 2020) considering I pay all my taxes and have all requirements fulfilled??

2. If not, can I apply for her visit visa until I get eligible for spouse visa? What are the chances of that getting approved?

3. If I am applying for visit visa, which one should we go for? 6months or 2 years? As considering I am not eligible till April 2020, 6 months’ visa would expire in Nov/Dec 2019

4. Has anyone applied spouse visa or visit visa who was/is in similar situation than mine.

I would be really grateful for your help. Thank you

BritInParis

If you’re self-employed, who are you receiving your payslips from?

Shaji Memon

I am a self employed dentist. I get my pay slips from my practice (Dental surgery) owner.
Considering i am self employed, I get paid full amount (pre tax) and have to do my own taxes

Pulaski

That sounds like you're employed, not self employed. If you work for one practice, have to perform the work yourself (can't subcontract it/ send a substitute), and have to work hours set by the practice, that makes you de facto an employee. HMRC has fairly strict rules and has clamped down on people spuriously claiming to be self employed.

Shaji Memon

How am i employed and not self employed? As i dont have a fixed salary and my employer deosnt pay my taxes, I pay my taxes.
Almost every dentist in country is self employed
According to my accountant I am self employed
Please help

SanDiegogirl

According to the British Dental Association, most dentists in general practice in the UK work as self-employed associates. The arrangement sees the associates pay practice owners for the right to use practice premises, equipment, materials and staff, it said.

There has been some discussion over the past year or two with regard this definition, (HRMC) but I believe most would regard themselves as self employed under the current arrangements - or freelance. Whether or not they work for the NHS also has some bearing on their status.

This OP sounds as though he is contracting at best ?

Anyway if he IS self employed then he cannot apply for the visa until December 2019 earliest as he has to have 12 months of accounts to apply under self employment.

Yes he can apply for a visit visa

She can only visit for up to 6 months in any 12 month period so a 2 year visa does NOT allow her to enter the UK for 2 years which he seems to think

Shaji Memon

Thank you.
You mentioned that i i cant apply before Dec 2019 ( when my actual 12 months of payslips will be completed) but i i have read that 12 months pay slips should be in financial tax year
So will it still be Dec 2019 or April 2020 ?

SanDiegogirl

If your tax year is April to April then April 2020; if your tax year is December to December then December 2019

Read the following documents to see what documents you have to produce for self employment:

https://assets.publishing.service.go...ent-ext_1_.pdf

and this one:

https://www.gov.uk/guidance/immigrat...ified-evidence

Pulaski

While I was outside mowing, it came back to me: Professions are taxed under Schedule D Case II, which has a different set of rules from taxation of "trades" (pretty much everyone who isn't a lawyer, doctor, dentist, vet, accountant, architect, or priest) under Schedule D Case I. It was a fairly blatantly discriminatory means to give "the professions" a more generous set of tax rules than mere employees are required to adhere to, by effectively treating professionals as automatically self employed even when they meet all the definitions that would otherwise make them employees.

So, in short, per Schedule D Case II, Shaji Memon is, correctly classified, for income tax purposes at least, as "self employed", and under Sch D, the tax year is April 6th to April 5th, and hes been since 1753. …. And that is why such peculiar dates are used.

christmasoompa

Shaji Memon

Thank you
Could you please tell me what documents are required from my side if my wife is applying for visit visa?
I mean if she is showing me as her sponsor on visit visa, what documents should be needed from my side?

BritInParis

If you are living in the UK then unless your wife can demonstrate really strong ties to Pakistan then it is very likely it will he refused as the chances of her overstaying to be with you in the UK are high. I would visit her if needs be and concentrate on getting her a spouse visa so she can join you in the UK.

Shaji Memon

Hello everyone. Thank you for your help and responses.
i did apply for her visit visa n it got approved 😊
its a 2 yr visit visa
i just want to ask that we mentioned September as our travel date but due to some reason she cannot travel till November so will that be an issue?
I mean if u don't travel on the dates mentioned in application and travel on some other dates will that be a problem??

PrabinD

Hi Shaji Memon I am also in a similar situation as I have only started working and would only be able to process next year 2021.I would really appreciate if you could mention what documents did you send to apply for visits visa and any form of sponsor letter as well.Any help would be much appreciated.Thanks.

Pulaski

As Shani Memon hasn't posted in very nearly six months, and only posted a handful times prior to that, I fear he is unlikely to see your question.