Self employment - full financial year clarification FLR(M)
 

Hello all,
I'm very much confused with the definition of full financial year. My brother in law is going to apply for his spouse visa extension in July as it expires in September. Both my sister and my brother in law registered as self employed in December 2015. They have earned over the £18600 required for the visa but that money was earned from December till 5/04/16. They've done all the tax returns and National insurance etc.
Is it going to be a problem that they earned the money in about 4 months and were not self employed for the full tax year? I read somewhere that full financial year refers to the documents for the full year rather than the person working for full year. Again to stress they do meet the £18600 requirement as they're combining salary.
They're private tutors and all the money is paid to them in cash. They do put all the money into their account each month and use it throughout the month. Their bank statements show all that so they meet that requirement too.
Both are sole traders and have no accountants or anything like that. Will bank statements and tax returns be enough to prove the salary?
Sa302/Sa300- are these just the names of tax returns.
They're still working as self employed. My brother in law also has a part time job for which he earns around £600 per month. Before they were self employed that was the only job they had. So us family members were helping them.

I do apologise for the length of this post. I just wanted to give as much detail as possible.
I'm new here and it's my first post and do thank all of you in advance and look forward to your guidance. Thanks you all

Re: Self employment - full financial year clarification FLR(M)
 

Read the following document carefully with regard self employment requirements:

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

With regard the financial year criteria I understand this to mean the financial year of the company in question, and full documentation is required to show a full financial year's accounts for the company.

You can't combine self employed income with salaried and non salaried employment income. See page 17 of following document.

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

Re: Self employment - full financial year clarification FLR(M)
 

Thank you SanDiegogirl for your reply. I have read these guidelines in detail. The guidance notes don't clarify the question I asked i.e. Does one has to be self employed for full financial year and earn the minimum £18600? Will they accept if one is self employed for only part of the financial year and earns £18600?


Just to add please note that you actually CAN combine salaried and non salaried income with self employment.

Re: Self employment - full financial year clarification FLR(M)
 

I gave you my understanding of the requirements for self employed i.e one has to show documentation for a full year's accounts. Again, to me, that one mean one has to be self employed for that year.

From my reading of Page 17 of the document I linked you CAN combine salaried and non salaried employment with self employed.(sorry for the typo), but with the restrictions as per page 17.

Re: Self employment - full financial year clarification FLR(M)
 

Thank you again SanDiegogirl. I really appreciate it. Thanks for clarifying the combining income part also. What I understand is that one can be self employed for part of the financial year as long they earn the minimum £18600. Thanks
Anyone else please could you add to this or confirm if my understanding is correct.

Re: Self employment - full financial year clarification FLR(M)
 

If it was me, I would have concerns about the renewal as they have not been self employed for a year and do not have a full year of accounts to show. In addition, you say that they were not earning enough money prior to being self employed and were being helped by family so may not meet the financial requirements.

Re: Self employment - full financial year clarification FLR(M)
 

Oh dear. I was very confident that we can apply. What are alternative options if any? Does he have to leave and apply for entry clearance visa as spouse all over again?

Re: Self employment - full financial year clarification FLR(M)
 

The link below suggests that as long as you earn £18600 then it's ok. You don't have to be self employed for the whole year. I'm more confused now. Please advise. Thank you

1st 4Immigration Blog: Adviser's Diary, Immigration News, Training for advisers and solicitors: Part 2 - How to calculate £18,600 income for self-employed for Spouse/Partner visa under the New Rules?

Re: Self employment - full financial year clarification FLR(M)
 

That's a blog from a visa agency, not official info. SanDiegoGirl has already given you links from the proper sources, so stick with whatever that says.

Re: Self employment - full financial year clarification FLR(M)
 

Thanks guys for your advice. What are alternative options if any?

Re: Self employment - full financial year clarification FLR(M)
 

Self employment is a mine field when it comes to meeting financial requirements.

Personally I would consult a good immigration lawyer and/or accountant who is conversant with immigration financial requirements.

Re: Self employment - full financial year clarification FLR(M)
 

Thanks for your reply. Assuming financial requirement is not met. Can we apply for an alternative visa. I once read somewhere that you may be able to apply via 10-year route. Is that correct? Family route or something. Please guide. Thanks.