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Topic: Help my husband is self employed starting visa app  (Read 780 times)

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Help my husband is self employed starting visa app
« on: May 20, 2015, 06:43:17 PM »
Hello... Little background about my husband and i
We met in march 2013
Engaged September 2014
Married in US april 2015

We decided to marry early and have a ceremony this September. I have changed my name on social security and passport to make all name changes and paperwork easy
I am traveling to the uk july 3 to visit my husband and to also obtain all paper work im going to need from
Him then as soon as im home (july 13) i plan on having biometrics done and sending off our spousal visa.
I have one question though...
My husband is a bricklayer and is self employed but subcontracts for a company and has done for the last 3 years (he exceeds the £18,600 financial requirement which thank god!!!) but my question is which financial requirement paperwork do i fill out if the company he is employed by pays him weekly and takes out his taxes for him? When he meets with his accountant he gets money back normally from expenses from things he has had to buy etc...
This may be a dumb question but ANYTHING helps

Thank you
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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Re: Help my husband is self employed starting visa app
« Reply #1 on: May 20, 2015, 07:11:57 PM »
More info: basically he lays the brick... Writes up every week how much he has done and then hands it in to the company and they deduct 20% tax.. Thats just a little more info... I dont know if that helps
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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Re: Help my husband is self employed starting visa app
« Reply #2 on: May 20, 2015, 08:11:49 PM »
Have a read through this.  Would he fall under Category F or G?  Or is he an employee of the contractor?

Does he earn £18,600 a year AFTER expenses?


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Re: Help my husband is self employed starting visa app
« Reply #3 on: May 20, 2015, 08:19:40 PM »
Have a read through this.  Would he fall under Category F or G?  Or is he an employee of the contractor?

Does he earn £18,600 a year AFTER expenses?

What do i need to read theough? Im not sure it att hed
And yes he earns 18,600£ AFTER expenses
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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  • Location: USA
Re: Help my husband is self employed starting visa app
« Reply #4 on: May 20, 2015, 08:20:40 PM »
He is a subcontractor. Does that answer your question?
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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Re: Help my husband is self employed starting visa app
« Reply #5 on: May 20, 2015, 08:32:56 PM »
I just read through the two category's and its so confusing!
He is going to speak to his accountant tomorrow to find out what he is classed under.
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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Re: Help my husband is self employed starting visa app
« Reply #7 on: May 20, 2015, 08:47:37 PM »
I just read through this

9. Self-employment or Director of a specified limited company in the UK
9.1. Category F: Last full financial year
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.
9.2.2. A reference to the “average” of the income received in the last two full financial years in Category G is a reference to the mean average.



^^ i dont really understand the difference between the two. Can you explain?:)
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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  • Joined: Jun 2012
  • Location: Wokingham
Re: Help my husband is self employed starting visa app
« Reply #8 on: May 21, 2015, 08:45:49 AM »
Category F:

Between April 5, 2014 and April 4, 2015, your fiancé will have needed to have made £18,600 BEFORE expenses (the amount he paid tax on).

Category G:
Allows 2 financial years.  So between April 5, 2013 and April 4, 2015, your fiancé will have needed to have made £37,200 BEFORE expenses.  This means that if he didn't make £18,600 in the prior financial year but made over that the previous financial year, he can use that to meet the requirement.


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Re: Help my husband is self employed starting visa app
« Reply #9 on: May 21, 2015, 01:49:39 PM »
Category F:

Between April 5, 2014 and April 4, 2015, your fiancé will have needed to have made £18,600 BEFORE expenses (the amount he paid tax on).

KFdancer is making that clear because we have already seen a refusal on here from someone who used the amount before allowable deductions and these then took the sponsors earnings he paid tax on below the required 18,600. For UKVI it has to be the amount your husband declares to HMRC for taxation. As immigration rules trump HMRC rules, he might have to pay his taxes early because UKVI checks with HMRC.
« Last Edit: May 21, 2015, 01:54:21 PM by Sirius »


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Re: Help my husband is self employed starting visa app
« Reply #10 on: May 21, 2015, 02:29:58 PM »
Category F:

Between April 5, 2014 and April 4, 2015, your fiancé will have needed to have made £18,600 BEFORE expenses (the amount he paid tax on).

Category G:
Allows 2 financial years.  So between April 5, 2013 and April 4, 2015, your fiancé will have needed to have made £37,200 BEFORE expenses.  This means that if he didn't make £18,600 in the prior financial year but made over that the previous financial year, he can use that to meet the requirement.

His business takes out the 20% tax from his paycheck weekly. My husband and then goes into his accountant and turns and any expenses that he has had for the past year
In 2013 he made £24,819 and in 2014 he made £19,644 BOTH of these are after taxes and expenditures. He sent me the paper with this all written out from his accountant last night. Is there any way i can attach the file from my phone? I hope this helps. I would think we fall under category F right? He is meeting with his accountant today
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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  • Posts: 66

  • Liked: 1
  • Joined: Nov 2014
  • Location: USA
Re: Help my husband is self employed starting visa app
« Reply #11 on: May 21, 2015, 02:31:07 PM »
Correction: not HIS business but the business he subcontracts for
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


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  • Posts: 18235

  • Liked: 4985
  • Joined: Jun 2012
  • Location: Wokingham
Re: Help my husband is self employed starting visa app
« Reply #12 on: May 21, 2015, 03:39:09 PM »
Well, is he self-employed or an employee of another company?

If he's an employee, you would apply under Category A or B.  If he's self-employed, you would qualify under Category F.


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Re: Help my husband is self employed starting visa app
« Reply #13 on: May 21, 2015, 03:46:23 PM »
Well, is he self-employed or an employee of another company?

If he's an employee, you would apply under Category A or B.  If he's self-employed, you would qualify under Category F.

He is a sole trader.
Im
Confused too because my husband says he's not employed by Hawk Construction. He has just been working for them for the past 3 years as a sole trader. Those are his exact words. So would he still be considered self employed as a sole trader?
03.04.15 - Got Married in U.S.
30.08.15 - Submitted Online Application
02.09.15 - Biometrics Appointment
02.09.15 - Mailed Docs to Sheffield (Priority)
07.09.15 - Received email from Sheffield Visa Section confirming my application was being prepared for entry clearance officer to
be reviewed
10.09.2015 - "decision has been made" email!!!


  • *
  • Posts: 3903

  • Liked: 342
  • Joined: Sep 2014
Re: Help my husband is self employed starting visa app
« Reply #14 on: May 21, 2015, 04:10:22 PM »
He is a sole trader.
Im
Confused too because my husband says he's not employed by Hawk Construction. He has just been working for them for the past 3 years as a sole trader. Those are his exact words. So would he still be considered self employed as a sole trader?

As the firm he works at takes his tax for him instead of him paying it, it sounds like he is contracting using an umbrella company??? They pay his tax and he can then get tax deductables on top of this such as travel expenses ect. PAYE with extra tax deductables.
http://en.wikipedia.org/wiki/Umbrella_company

His accountant should know what he declares as his status to HMRC.

Here is a bit on "sole trader".
https://www.gov.uk/working-for-yourself/overview
This reads like he would be paying his own tax to HMRC
« Last Edit: May 21, 2015, 04:41:36 PM by Sirius »


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