Another Spouse Visa Finance Question For Self-Employed Person

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.

I don't understand how that is different to any spouse applying for FLR?

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?

Would it be possible for you to either set up two companies or even one joint one because then you can use the company account year and not HMRC'S tax year?

Although, having just done it, the paperwork for company director when you are the only shareholders is a complete nightmare.

I don't understand how that is different to any spouse applying for FLR?

Someone applying for FLR(M) will still have a valid visa to work in the UK on the date they apply, and that visa will be extended while the FLR(M) is processing, even if it expires.

However, the OP said they would only have the right to work in the UK as self-employed until August 1st 2018, but that they were applying for the spousal visa in August... which implies that the visa will run out and they will have to return to the US to apply. If that is the case, their UK income would not be considered anway because on the date of application, they will not have a valid visa to work in the UK.

The things you have to show for self-employment - which is an extremely tricky category to qualify for due to the restrictions and sheer number of documents required - are:
- right to work in the UK on the date of application
- a total of £18,600 earned in the last FULL financial year (usually April to April) - with tax returns to back it up
and
- evidence that the self-employment income is ongoing and will continue after the visa application has been lodged

The OP will not likely be able to show either of these because:
a) if the financial year runs April to April, they will not have a full financial year of self-employment income to show by August 2018
and
b) it sounds like they will no longer have a visa that allows them to continue earning self-employment income in the UK after 1st August 2018

We had someone refused their FLR(M) last year because they set up their company on October 31st 2015, but applied for their visa on October 30th 2016... it was an automatic refusal because they had not been self-employed for a full year on the date of application. If they had applied just one day later, their visa may well have been granted.

Someone else also got refused because although they had been self-employed for more than 2 years and were using the average of the last 2 years of income (Category G), they had switched their self-employment type (i.e. sole trader to limited company) 2 months before the end of the tax year (in Feb). Because they switched mid-financial year, they no longer qualified for the visa, because they did not have a full financial year of income as a limited company... they only had a few weeks of income. Due to the self-employment type switch in February 2016, they would not actually qualify for the visa until the end of the NEXT financial year, in April 2017.

Would it be possible for you to either set up two companies or even one joint one because then you can use the company account year and not HMRC'S tax year?

Although, having just done it, the paperwork for company director when you are the only shareholders is a complete nightmare.

Hey, if it means we can count our income (which will be WELL over £18,600 which makes the whole thing so ridiculous) I am SO in. How do we do this? Do you maybe want to DM me?

I am planning to speak to an accountant when my visa switches to allow me to be SE, so perhaps s/he will be better to speak to on this matter? And/or an immigration lawyer?

If Corbyn wins, we won't even have to worry, but I still need to learn how to do the SE thing here in the UK so I'm all legal.

Someone applying for FLR(M) will still have a valid visa to work in the UK on the date they apply, and that visa will be extended while the FLR(M) is processing, even if it expires.

However, the OP said they would only have the right to work in the UK as self-employed until August 1st 2018, but that they were applying for the spousal visa in August... which implies that the visa will run out and they will have to return to the US to apply. If that is the case, their UK income would not be considered anway because on the date of application, they will not have a valid visa to work in the UK.

The things you have to show for self-employment - which is an extremely tricky category to qualify for due to the restrictions and sheer number of documents required - are:
- right to work in the UK on the date of application
- a total of £18,600 earned in the last FULL financial year (usually April to April) - with tax returns to back it up
and
- evidence that the self-employment income is ongoing and will continue after the visa application has been lodged

The OP will not likely be able to show either of these because:
a) if the financial year runs April to April, they will not have a full financial year of self-employment income to show by August 2018
and
b) it sounds like they will no longer have a visa that allows them to continue earning self-employment income in the UK after 1st August 2018

We had someone refused their FLR(M) last year because they set up their company on October 31st 2015, but applied for their visa on October 30th 2016... it was an automatic refusal because they had not been self-employed for a full year on the date of application. If they had applied just one day later, their visa may well have been granted.

Someone else also got refused because although they had been self-employed for more than 2 years and were using the average of the last 2 years of income (Category G), they had switched their self-employment type (i.e. sole trader to limited company) 2 months before the end of the tax year (in Feb). Because they switched mid-financial year, they no longer qualified for the visa, because they did not have a full financial year of income as a limited company... they only had a few weeks of income. Due to the self-employment type switch in February 2016, they would not actually qualify for the visa until the end of the NEXT financial year, in April 2017.

I was told I didn't have to go back to the US to do the visa because I have an established presence here. I've not heard of anyone having to return home to do it...but maybe I should talk to someone? I will have been living in the UK for 5 years by that time, as a student and then under a scheme that allows me to work without restriction.

Someone applying for FLR(M) will still have a valid visa to work in the UK on the date they apply, and that visa will be extended while the FLR(M) is processing, even if it expires.

Gotcha!

So would they be okay if they apply before the current visa expires?

Gotcha!

So would they be okay if they apply before the current visa expires?

Yes, I believe so.

I was told I didn't have to go back to the US to do the visa because I have an established presence here. I've not heard of anyone having to return home to do it...but maybe I should talk to someone? I will have been living in the UK for 5 years by that time, as a student and then under a scheme that allows me to work without restriction.

What type of visa are you currently on, and when does it expire?

You can ONLY apply in-country if your visa is still valid on the date of application. If your visa expires on August 1st, you MUST either have lodged your FLR(M) application already OR have left the country before midnight on August 1st, otherwise you will become an illegal overstayer.

Which means that in order to apply from inside the UK, you would have to apply to switch to FLR(M) in July, not August... but you mention applying in August, not July.

Yes, I believe so.

What type of visa are you currently on, and when does it expire?

You can ONLY apply in-country if your visa is still valid on the date of application. If your visa expires on August 1st, you MUST either have lodged your FLR(M) application already OR have left the country before midnight on August 1st, otherwise you will become an illegal overstayer.

Which means that in order to apply from inside the UK, you would have to apply to switch to FLR(M) in July, not August... but you mention applying in August, not July.

Oh got it. No I would apply BEFORE my visa expires, obviously. I'm not going to risk that. Ive already been doing this enough times (applying for visas) to know that. I don't know the exact expiry date because I haven't gotten it yet, though. 

I am planning to speak to an accountant when my visa switches to allow me to be SE, so perhaps s/he will be better to speak to on this matter? And/or an immigration lawyer?

It's been a while since I set up the company so I'm a bit fuzzy but as I recall you can set your own tax year to some extent. I would recommend speaking to an accountant to make sure everything is correct.  My concern would be that your timing is going to be awfully tight.

And I'm sure you already know but keep all of your paperwork. My business bank initially wanted to charge me £5/sheet for replacement statements and there were about 65 of them for the year.

If you are going to use a lawyer please contact one of the two recommended here. There are horrendous horror stories here about lawyers who've massively screwed up.
We actually used MediVisas although we haven't had our approval yet so I won't sing their praises just yet

Oh got it. No I would apply BEFORE my visa expires, obviously. I'm not going to risk that. Ive already been doing this enough times (applying for visas) to know that. I don't know the exact expiry date because I haven't gotten it yet, though.

Ah, okay - that was what was confusing me, because it sounded like you would work for a year, leave the UK and then come back on a new visa.

So, if you apply while your visa is still valid, then your income can be counted HOWEVER, I'm still not convinced that either you or your partner will be able to meet the income requirements in July/Aug 2018, due to the complicated requirements for self-employment income.

Ah, okay - that was what was confusing me, because it sounded like you would work for a year, leave the UK and then come back on a new visa.

So, if you apply while your visa is still valid, then your income can be counted HOWEVER, I'm still not convinced that either you or your partner will be able to meet the income requirements in July/Aug 2018, due to the complicated requirements for self-employment income.

Yeah...probably best to wait until the elections and then talk to an accountant and lawyer.

What type of visa are you currently on, and when does it expire?

I'm guessing it's a Tier 4 and applying for a Doctoral Extension Scheme?

It's a bit like the now defunct Tier 1 PSW visa, but this is only for those who have just obtained a PhD, is only for 12 months and the university monitor them.

http://www.pg.salford.ac.uk/page/doc_faq

If Corbyn wins, we won't even have to worry, but I still need to learn how to do the SE thing here in the UK so I'm all legal.

This is British politics: it doesn't matter what they say in their maifesto, as they don't keep to it if they are elected.

All they are is a bit of fun for the Brit forums and journos to poke fun at, as they often haven't costed what they say they will spend, or have spent that money they several times over, or they make claims that contradict each other.

I'm guessing it's a Tier 4 and applying for a Doctoral Extension Scheme?

It's a bit like the now defunct Tier 1 PSW visa, but this is only for those who have just obtained a PhD, is only for 12 months and the university monitor them.

http://www.pg.salford.ac.uk/page/doc_faq

Yes that's correct! Sorry I didn't respond to the question earlier.

I would like to start a small business, but I don't enough saved capital to do the T1 Visa scheme.

Here are two thoughts:

If your parents have over $65,000 saved, can you submit a letter saying you have access to it? You can do this for T4 and DES applications.

I just sent off for my CAS number and then will send off for my application ASAP as we'd like to do some traveling and visit my family in the US,  so I'd like my passport back as soon as I can get it. Do the new rules start once you've sent off your visa? And if so, could I then start my own tax year mid-June and then I'd have 12 months of slips?

Being self-employed is best for us as I'm semi-disabled and it will work really well. But if we both have to go out and get jobs somewhere else, we can of course, as both of our incomes count. Two part-time jobs at our skill level would likely lead to the £18,600. But I'd just like to know in advance so we're not caught with a problem at the 11th hour.

It's just frustrating since we will both be making OVER £18,600 EACH self-employed.

I heard they said they were going to adjust the ways in which income counts after reviewing it. Any word on that?

Sorry for all the questions!

Yes that's correct! Sorry I didn't respond to the question earlier.

I would like to start a small business, but I don't enough saved capital to do the T1 Visa scheme.

Here are two thoughts:

If your parents have over $65,000 saved, can you submit a letter saying you have access to it? You can do this for T4 and DES applications.

I just sent off for my CAS number and then will send off for my application ASAP as we'd like to do some traveling and visit my family in the US,  so I'd like my passport back as soon as I can get it. Do the new rules start once you've sent off your visa? And if so, could I then start my own tax year mid-June and then I'd have 12 months of slips?

Being self-employed is best for us as I'm semi-disabled and it will work really well. But if we both have to go out and get jobs somewhere else, we can of course, as both of our incomes count. Two part-time jobs at our skill level would likely lead to the £18,600. But I'd just like to know in advance so we're not caught with a problem at the 11th hour.

It's just frustrating since we will both be making OVER £18,600 EACH self-employed.

I heard they said they were going to adjust the ways in which income counts after reviewing it. Any word on that?

Sorry for all the questions!

No, parental savings doesn't count unless they give it to you (a gift, not a loan, and has to be in your bank for 6 full months)

Self employment is a headache and tricky. We used medivisas for legal help, not because of self employment but due to other circumstances. But you CAN use self employment income...just prepare for several hundred pages of extra paperwork and probably another few weeks to months of getting it ready.