Another Spouse Visa Finance Question For Self-Employed Person

I'm going to be self-employed in the UK, but will have the right to work as self-employed starting in July of 2017 (on a different visa, not on the spouse visa). My visa which will allow me to be self-employed will run out around the 1st of August 2018. If I'm self-employed and have to show my income for the year, is it from the tax year, April to April, so I'll have to make the minimum requirement by August excluding April and June, or is it from August to August?

I'm going to be self-employed in the UK, but will have the right to work as self-employed starting in July of 2017 (on a different visa, not on the spouse visa). My visa which will allow me to be self-employed will run out around the 1st of August. If I'm self-employed and have to show my income for the year, is it from the tax year, April to April, so I'll have to make the minimum requirement by August excluding April and June, or is it from August to August?

So, you're planning on working as self employed for two months? That will not meet the spouse visa financial requirements... You need to show tax returns, audited accounts etc for a full year's work (or the average of two years). The requirements are incredibly specific and notoriously difficult for the self-employment category.

Sorry, no I meant I will be working self-employed from July 2017 and will be applying for a visa in August 2018.

Sorry, no I meant I will be working self-employed from July 2017 and will be applying for a visa in August 2018.

It depends how the company is set up and whether the tax year runs from April 6th to April 5th, or if it has a 12-month accounting year which is different. I think it depends on if you are registered with HMRC as a specified limited company or as a sole trader. I think the financial year for a sole trader is April to April, and the limited company can be different - but I don't know for sure.

If your financial year runs from April to April, there is no way you can qualify for the spousal visa using self-employment income from July 2017 to August 2018... because you will not have been registered as self-employed for a full financial year by August 2018.

You would only be able to use income from April 2018 to April 2019... and you would need to still be working as self-employed after April 2019, with guarantee that the self-employment income will continue.

Also, even if the financial year of the company is from July to July, if you will no longer have the right to work as self-employed after August 2018, you will also not qualify, because you have to show your self-employment income will continue at at least £18,600 per year in the future - and you can't do that without a valid visa.

So, as far as I can tell, your plan to use self-employment income isn't going to work, because I don't believe you will be able to meet the requirements.

So, as far as I can tell, your plan to use self-employment income isn't going to work, because I don't believe you will be able to meet the requirements.

Doesn't the financial requirement have to be met by the British sponsor anyway unless it's savings?

Doesn't the financial requirement have to be met by the British sponsor anyway unless it's savings?

If the US applicant is in the UK on a visa which permits work then their self/employment income can be used.
Remember, you're going to put AV to work for her FLR(M). 

Doesn't the financial requirement have to be met by the British sponsor anyway unless it's savings?

Sounds like they have the right to work in the UK, and therefore their income can be counted toward the minimum.

If the US applicant is in the UK on a visa which permits work then their self/employment income can be used.
Remember, you're going to put AV to work for her FLR(M). 

Good grief, don't remind her! She's already exulting that she'll be my boss.

Good grief, don't remind her! She's already exulting that she'll be my boss.

*wicked grin*

*wicked grin*

LARRABEE!!

If the US applicant is in the UK on a visa which permits work then their self/employment income can be used.
Remember, you're going to put AV to work for her FLR(M). 

Ah yeah, I wasn't thinking about FLR.

LARRABEE!!

 

Ah yeah, I wasn't thinking about FLR.

People already in the UK on other visas will talk about applying for a spouse visa from within the UK but what they will actually be doing is applying for FLR.

Sorry, no I meant I will be working self-employed from July 2017 and will be applying for a visa in August 2018.

If you register as a sole trader your year end will be April 2018. The financial requirement appendix does say 12 months of business statements but I don't know if they would accept the eight months you had been trading provided you met the minimum income in that time? I guess not.

If you set up a limited company your tax year would run to end of June but that's a very short time frame to get everything submitted and accepted by August.

You can view it here anyway. Category F is what you want.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

I will be allowed to be self-employed beyond that date as it will be transferring to a spouse visa where there are no restrictions on working.

My "spouse" is also self-employed but has just begun this year, so will not be SE for a full tax year either.

Even if we make more than £18,600 combined in those months (I will make more than that in July 2017-August 2018), it still doesn't count because it isn't a full tax year even if it is a full 12 months of statements?

Perhaps, since they are looking at other income streams now as per the new agreement, they will allow it in time?