MrMuffin

Apologies if this has been answered elsewhere... I am trying to get clarification on something if anyone can help:

1. I am a UKC, kids are dualies and my wife is a USC. We currently live near Boston. We are hoping to move home to the UK next year.

2. I am self employed and have been for 7 years or so. My business is registered in the USA and I pay my taxes etc. I have tax returns and business bank accounts to show earnings well in excess of 20k UK pounds per year for the last few years.

3. I am a green card holder and just got it renewed to 2022. I have just applied for my own USC per everyone's suggestions on BE (thanks everyone!!).

4. I am sending off the kids' UK passports apps tomorrow.

So my big questions are concerning my income/self employment status.

a. I will still continue my business after moving to the UK. Do I need to register the business in the UK BEFORE moving or applying for my USC wife's settlement visa?

b. if the answer to (a.) is yes, should I register the business in the UK and use my parent's address or is there a better approach?

c. If the answer to (a.) is no I don't need to register the business and we can do the application for her visa at any time, are there any pitfalls to this?

Thanks so much everyone! Cheers, M

lgabriel73

If I were you I would consult an attorney about the business issues. If you live in the UK and will receive earnings from it then the govt is going to want to tax you for it but if it's still registered in the US then the US govt is probably going to tax it to. An attorney should be able to help to make sure yu dont get double taxed. not sure what type of business you have and if you need to have licenses etc to operate in the UK but I'm sure an attorney can help you with that too.

MrMuffin

Yes I have a tax guy and will get that side sorted ahead of time. I expect to pay taxes when and where applicable as I do now. I will be carrying over some USA based clients and expect to add UK clients to my roster. I am a freelance marketing consultant and creative designer.

But my questions still stand as to whether to register the biz in the UK before applying for my wife's visa, or after. Thanks

MrMuffin

I was hoping someone with experience and/or knowledge about the requirements can clarify the question about being self-employed in the UK vs. being self employed in the USA and bringing the business to the UK before applying for my USC wife's visa.

I am concerned as it sounds as though the self-employed business itself needs to be based in the UK from the get-go.

Paras 5.3.6 and 5.3.7 in the following link state info about the self employed requirement but it sounds as though the business is already based in the UK.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

See this thread and the first posting from SanDiegoGirl specifically.
http://britishexpats.com/forum/showthread.php?t=769409

Please help! If I can use my previous few year's profitability and banking/tax records to prove my self employment status to the UKBA and show that the business is continuing (by working for both USA and UK based clients), then I won't need to worry about trying to get a job aswell or gather savings together.

Thanks in anticipation... M

Willgohome

Hi MrMuffin, I have a feeling you are going to be highly disappointed. I have no anecdotal experience with this, but I have been diligently seeking a similar answer/question about self employment and how the UKBA allows it's use relative to both you and I. I am also a UKC and my wife is also a USC (so non EEA), I also am self employed, however it seems from all the research that I've done that the self employed business has to have been in business for a full year at the very least, registered with the HMRC whatever that institution is within the UK, and you have to have a years worth of accounts, paid taxes and paid NHI contributions all paid up before you can sponsor your USC.

My loose fitting plan as of now is to open an off shore account, sock a bunch of money in there, at some point go to England by myself, open up a bank account using my brothers address, transfer the funds from my off shore account, find accommodation, register my business, start working for a couple of months, then my wife can join me in England on a regular 6 month visa that is stamped into her passport, stay with me for 5-1/2 months, she can then return to the USA, apply for the spouse visa, in the meantime I will be working furiously to earn over 18.600 UKP.

I don't think there's any other 'work around' for this, I'll be keeping an eye on your thread to see if someone comes up with another plan of attack...good luck!

MrMuffin

Thanks for the reply!!

Your earlier thread prompted me to start mine for further clarification. But I think due to the new situation regarding the new regs, there isn't a good answer right now. I'll keep digging too. Let's keep in touch and see what happens (maybe PM too?).

I have alternate plans (to self employment) so I'm not too worried about it yet. It would be great if I could do the self-employed attack seeing as I've been self-employed for 7 plus years already BUT I'm not holding all my hopes on it. I hope you have alternate plans too... savings in particular.

I am aiming to have my daughter, who's now just under 4, start school alongside her cousin next September in Falmouth. If it actually happens then I'll be thrilled but it's going to take some effort and creative thinking. Good luck to you!!