Remote work income for spouse visa renewal

Hello,

I live in the UK with my husband on a spouse visa, and I work remotely for a US company, earning in US dollars. When it comes time to submit my visa renewal this summer, will it raise any flags to submit my income evidence with payslips in USD? I pay HMRC taxes on my income via self-assessment, but I'm just checking to see if it looks suspicious somehow that I don't earn in GBP.

My husband is changing jobs so it won't be an option to submit his earnings as evidence. Any knowledge on this question?

Thanks in advance.

So long as everything ties to HMRC’s system, you will be fine.

As you are self-employed in the UK, you’ll need to have your 2017/2018 HMRC filing completed.  There’s a LOT of paperwork associated with being self-employed.

My husband is changing jobs so it won't be an option to submit his earnings as evidence. Any knowledge on this question?

Why won't it be an option? Will he be earning less than £18,600 per year?

If his new job pays at least £18,600 per year but he hasn't been employed by them for at least 6 months, then as long he has earned at least £18,600 in the 12 months before applying for the visa, then his income should qualify under Category B and you won't have to use your income.

So long as everything ties to HMRC’s system, you will be fine.

As you are self-employed in the UK, you’ll need to have your 2017/2018 HMRC filing completed.  There’s a LOT of paperwork associated with being self-employed.

Thanks for your reply, KFdancer. It makes sense now you say it that I'm considered self-employed since I pay taxes via self-assessment, but I had been thinking this was only in a tax sense - and not for immigration purposes since I'm actually on the payroll as a direct employee of a company (rather than invoicing work through my own company). I can see how UKBA would see me as being self-employed based on my HMRC filing, and since my payslips aren't PAYE from a UK company.

I do know that I want to avoid the self-employed route as it sounds extremely tricky, so will have a re-think on options.

Yes, you will definitely be considered self-employed. 

As ksand said, will your husband still have earned £18,600 within the previous 12 months?  If so, you'll be able to avoid using your employment.

Yes, you will definitely be considered self-employed. 

As ksand said, will your husband still have earned £18,600 within the previous 12 months?  If so, you'll be able to avoid using your employment.

Thanks KFdancer and to ksand24 for clarifying the 6 months of payslips vs. 12 months of income situation. I'd thought he needed 6 months consistent payslips. I haven't fully researched Categories A & B as we went with D for cash savings on initial application. Although this went smoothly the first time, I was hesitant to rely on it again as it is a 401(k) in USD and thought this was some kind of red flag that we're not earning enough in GBP (which we are, it was just the payslip documentation concern) or "settling" enough in the UK with primary earnings/savings.

However - what I'm gathering is that it doesn't matter - meeting the financial requirement is meeting the financial requirement, GBP or USD. If I want to use Category D again with my 401(k) in US dollars - or cobble together 12 months of income paperwork from my husband, either will work - and both are easier than the self-employed category.

Thanks KFdancer and to ksand24 for clarifying the 6 months of payslips vs. 12 months of income situation. I'd thought he needed 6 months consistent payslips. I haven't fully researched Categories A & B as we went with D for cash savings on initial application. Although this went smoothly the first time, I was hesitant to rely on it again as it is a 401(k) in USD and thought this was some kind of red flag that we're not earning enough in GBP (which we are, it was just the payslip documentation concern) or "settling" enough in the UK with primary earnings/savings.

However - what I'm gathering is that it doesn't matter - meeting the financial requirement is meeting the financial requirement, GBP or USD. If I want to use Category D again with my 401(k) in US dollars - or cobble together 12 months of income paperwork from my husband, either will work - and both are easier than the self-employed category.

Exactly.  It's just ticking a box.  If you can tick it with cash savings - that's by far the easiest route.  They won't care that it's a US based 401k.  I promise!

I'd go with the easiest way of meeting the requirements.

The easiest is Cash Savings using the 401K. The most difficult is self-employment income.

For each category, you need to show:

Category D: Cash Savings
- evidence that at least £62,500 has been in the 401K for a full 6 months before applying and it is immediately accessible

Category A: Employment income if he has been with his current employer for at least 6 months before applying
- 6 months of payslips showing at least £1,550 before tax on each one
- 6 months of bank statements
- letter from employer
- job contract
- latest P60

Category B: Employment income if he has been with his current employer for LESS THAN 6 months before applying
- 12 months of payslips showing a total earnings of £18,600 before tax
- 12 months of bank statements
- letter from employer
- job contract
- latest P60

Category F/G: Self-employment income
- only income from the last full financial year can be used (i.e. April 2017 to April 2018) for Cat F, or the last 2 full financial years (i.e. April 2016 - April 2018) for Cat G.
- about 14 different documents are required

They won't care that it's a US based 401k.  I promise!

This is a huge relief - I've been worrying too much about the signal it sends to still be using US savings after moving to the UK, but it's clearly the cleanest route. Decision made.

If I can trouble you for a bit more perspective: the reason I'm so touchy about appearing to be "unsettled" in the UK is that I have to travel quite a bit for my job, 35-40% out of the UK. Generally speaking my husband can't travel with me unless we're on holiday (maybe 5% of that time). I know that this is a separate issue - time out of the UK - and not to do with my income or savings, but I still worry that they'll knock me back for appearing not to prioritise time in the UK with my husband vs. the US, where I frequently need to return for work (every 4-5 weeks).

I may have the opportunity to take a position in the UK that would earn in GBP, albeit significantly less than what I can earn in USD remotely, but I would have the same amount of travel in my line of work regardless. I'm likely over-worrying about the signals the currency is sending, but it's exacerbated by my paranoia that my travel outside the UK will hamper my application. I know the strict guidelines on days away don't kick in until ILR, but if there's anything I can do now to preserve the ability the keep our home in the UK in spite of my work travel requirement, I'll do it, including an effective pay cut.

Super grateful for any further insight.

If I can trouble you for a bit more perspective: the reason I'm so touchy about appearing to be "unsettled" in the UK is that I have to travel quite a bit for my job, 35-40% out of the UK. Generally speaking my husband can't travel with me unless we're on holiday (maybe 5% of that time). I know that this is a separate issue - time out of the UK - and not to do with my income or savings, but I still worry that they'll knock me back for appearing not to prioritise time in the UK with my husband vs. the US, where I frequently need to return for work (every 4-5 weeks).

As long as you have a good reason for being out of the UK while your husband stays in the UK, there will be no issue.

Good reasons include:
- travel for work
- military deployment

Neither FLR(M) nor ILR have any restriction on days outside the UK. They both have the requirements:
- you must have permanently lived with your spouse for the length of the visa and the UK should be your main home

It's only for UK citizenship that there is a restriction on days out of the UK:
- no more than 270 days in the previous 3 years before applying
- no more than 90 of the 270 days can be in the final 12 months before applying
- you DON'T count the day you left or the day you returned to the UK... so if you leave on Monday and return on Friday, that's only 3 days outside the UK (Tue, Wed and Thu).

Got it - that rings a bell now, that the only hard and fast restrictions for days outside the UK is for citizenship (which I believe as a spouse you can apply for immediately following ILR, assuming travel restrictions are met). Thank you for clarifying how the days are counted.

It sounds like it matters not a bit immigration-wise if I work for a UK company on a local contract or continue to earn in USD remotely, as long as I keep the taxes sorted out. Might as well maximise earnings in USD then, if the option is there in my field.

A huge help, thank you again.