ILR Self Employed Financial Requirement Help Needed!

We are currently applying for ILR and have hit a snag in the "Financial" section of our application. We're trying to apply through my husband's income, which is self employed. He is the sole director and sole shareholder of his own limited company. With myself (his wife) as his sole employee. He started his limited company in June 2018. Prior to this, he was employed through an umbrella company. He uses PAYE for monthly payments of income tax and National Insurance so everything it kosher with that. However, the application is asking for a few documents that he is unable to provide since his limited company is not one year old yet and has not completed a full tax year. He does not  have CT603 or CT600 documents (pertaining to last and current tax year for the company) because he has not completed a full tax year.

We're utterly confused! We have no idea what to do. My husband will be visiting his accountant tomorrow to ask these questions, but we're unsure if they will have the answers we need. Would it be possible to submit 12 months worth of bank statements and pay statements (3 of which were employed income) and the other 9 months from the limited company? Will a letter from the accountant, previous P60, letter from HMRC and other needed documents be enough to cover this? My BRP expires April 20th and I'm terrified we won't get this resolved in time. My husband more than meets the minimum requirements and is doing everything legally, but the change from employed to self employed is what is causing us concern.. HELP!

I think you'll want to seek legal advice.  I'd give Medivisas a call...

I don't think you meet the financial requirement if he hasn't had a full year of accounts yet...  which is obviously troublesome.  A good solicitor may be able to navigate this a bit more clearly.

Are you employed (outside of your husband's business)?  Can you use your income to meet the financial requirement?

As self employed is one of the most difficult methods of applying, do you possibly have enough savings? I believe its £34600 held for 6 months for ILR but I'm having a hard time finding it in the appendix, so I hope one of the others here can confirm.

You may want to contact Victoria at Medivisas for support as well, they will be able to confirm the documents required and if anything can be done if you don't have the accounting yet.

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I think you'll want to seek legal advice.  I'd give Medivisas a call...

I don't think you meet the financial requirement if he hasn't had a full year of accounts yet...  which is obviously troublesome.  A good solicitor may be able to navigate this a bit more clearly.

Are you employed (outside of your husband's business)?  Can you use your income to meet the financial requirement?

I don't see why we wouldn't since he makes more than the minimum financial requirement. I'm not employed anywhere else, so that's not an option. I think we may to reach out to HMRC and see if there's anything that can be done.. We're putting all of our savings towards the visa fees. We don't have a second shot at this financially.

As self employed is one of the most difficult methods of applying, do you possibly have enough savings? I believe its £34600 held for 6 months for ILR but I'm having a hard time finding it in the appendix, so I hope one of the others here can confirm.

You are correct.   It's not actually specified anywhere directly, they let you work it out from the table in FM1.7 but it's just 16k+18.6k= 34,600.

There is no more multiplication x 2.5 because no more years to cover.

You are correct.   It's not actually specified anywhere directly, they let you work it out from the table in FM1.7 but it's just 16k+18.6k= 34,600.

There is no more multiplication x 2.5 because no more years to cover.

Savings IS NOT an option. But my husband more than meets the financial requirements. I just don't understand how to fill out the application if we aren't able to get two forms that currently do not exists.

The crux of the issue is that he MUST have a full financial year of trading to be able to use the income.  I don't know of anyway around that. 

Any chance you've had a British born child together?  If so, you'll likely be granted FLR(M) as FLR(FP) and placed on the 10 year path to ILR.

The crux of the issue is that he MUST have a full financial year of trading to be able to use the income.  I don't know of anyway around that. 

Any chance you've had a British born child together?  If so, you'll likely be granted FLR(M) as FLR(FP) and placed on the 10 year path to ILR.

Yes, we have a British child together. Our son just turned 2. My daughter (13 years old) and I are the ones on visas. We've already been through 5 years of stress and lots of money spent. I just find it odd how my husband's income would still be questioned. Where does it say he must have a full year of financial trading? I haven't read anything about that..

Yes, we have a British child together. Our son just turned 2. My daughter (13 years old) and I are the ones on visas. We've already been through 5 years of stress and lots of money spent. I just find it odd how my husband's income would still be questioned. Where does it say he must have a full year of financial trading? I haven't read anything about that..

The financial requirements document.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/783641/Appendix-FM-1-7-Financial-Requirement-ext_1_.pdf

The financial requirements document.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/783641/Appendix-FM-1-7-Financial-Requirement-ext_1_.pdf

This.  Page 60, item 9.1.1.

If you had told us last year he was planning to start his own business, we would have told you guys to hold fire until after you had ILR.  Going from standard employment to self-employment during the visa process can be catastrophic.

And great news that you have a child together.  While being put on the 10 year path isn't desirable, at least you won't have to return to the USA, wait for him to re-meet the financial requirement, and start all over again. 

But do contact Medivisas.  They've been able to help with sticky situations before.  We have someone using them now because they are relying on their employment but their name isn't on the bank account the pay has been deposited too.  The financial requirements documents say the pay won't be considered but Medivisas knows how to work around it. 

I suspect they will have worked with people who haven't had a full year of trading renewing visas.  It may just be getting you approved on the 10 year path, but that would be worst case scenario.  They may know how to get it approved on the 5 year path.

And great news that you have a child together.  While being put on the 10 year path isn't desirable, at least you won't have to return to the USA, wait for him to re-meet the financial requirement, and start all over again. 

But do contact Medivisas.  They've been able to help with sticky situations before.  We have someone using them now because they are relying on their employment but their name isn't on the bank account the pay has been deposited too.  The financial requirements documents say the pay won't be considered but Medivisas knows how to work around it. 

I suspect they will have worked with people who haven't had a full year of trading renewing visas.  It may just be getting you approved on the 10 year path, but that would be worst case scenario.  They may know how to get it approved on the 5 year path.

Would the 10 year path include our 5 years we've already paid and stayed for thus far? The 10 year path lingo is confusing to me..

Also, I just read this in the appendix, may be worth having my husband try this first before Medivisas?


9.3.2. For those employed as a director or other employee (or both) of a specified limited
company in the UK, the relevant financial year(s) will be that covered by the Company
Tax Return CT600 and corresponds to the 12-month accounting year of the company.

9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended. A
self-assessment tax return may include provisional figures, where the return explains
why this is so and how the figures were arrived at, and in which case a covering letter
explaining this and how any provisional figures tie in with other material submitted, e.g.
audited or unaudited accounts, may be helpful. This means that a sponsor wishing to
rely on earnings from self-employment as a sole trader, as a partner or in a franchise will
need to arrange to file their self-assessment tax return to HMRC on a timescale geared
to meeting this requirement of the Immigration Rules rather than the deadline set for UK
tax purposes. Similarly, in respect of the Company Tax Return CT600, where the
sponsor is a director or other employee of a specified limited company in the UK.

Would the 10 year path include our 5 years we've already paid and stayed for thus far? The 10 year path lingo is confusing to me..

Also, I just read this in the appendix, may be worth having my husband try this first before Medivisas?


9.3.2. For those employed as a director or other employee (or both) of a specified limited
company in the UK, the relevant financial year(s) will be that covered by the Company
Tax Return CT600 and corresponds to the 12-month accounting year of the company.

9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended. A
self-assessment tax return may include provisional figures, where the return explains
why this is so and how the figures were arrived at, and in which case a covering letter
explaining this and how any provisional figures tie in with other material submitted, e.g.
audited or unaudited accounts, may be helpful. This means that a sponsor wishing to
rely on earnings from self-employment as a sole trader, as a partner or in a franchise will
need to arrange to file their self-assessment tax return to HMRC on a timescale geared
to meeting this requirement of the Immigration Rules rather than the deadline set for UK
tax purposes. Similarly, in respect of the Company Tax Return CT600, where the
sponsor is a director or other employee of a specified limited company in the UK.

What that means is that you may decide on your accounting year to suit the visa requirements rather than the standard of April to April but it doesn't negate the need for a full year of trading to have been completed.

If I were in your situation, I'd take KFdancer's advice and get in touch with Medivisas.

As the other have said, you can ONLY use self-employment income if he has already completed a FULL tax year of self-employment income, and he has filed taxes for that year, and has every single required document.

Anything less than 1 full financial year of self-employment income and the visa will automatically be refused.

We have seen people refused for self-employment for the following reasons:

- they applied 1 DAY before they had completed 1 full financial year of being self-employed. Their tax year ended on 31st October and they applied on 30th October. They were automatically refused for their company not having traded for a full financial year on the date of application

-  they switched from being a sole trader (which they had been for almost 2 financial years) to being the director of a limited company in February of their second tax year (they applied around June). They were refused because they had not been the director of a limited company for a full financial year. If they had waiting until April (end of the tax year) to switch self-employment types, they would have qualified for the visa as a sole trader, using the previous full financial year.

- we have seen several people refused for having just 1 document missing or in the wrong format... meaning that if he can’t provide every single required self-employment document (including the CT600), the visa will be automatically refused.


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As the other have said, you can ONLY use self-employment income if he has already completed a FULL tax year of self-employment income, and he has filed taxes for that year, and has every single required document.

Anything less than 1 full financial year of self-employment income and the visa will automatically be refused.

We have seen people refused for self-employment for the following reasons:

- they applied 1 DAY before they had completed 1 full financial year of being self-employed. Their tax year ended on 31st October and they applied on 30th October. They were automatically refused for their company not having traded for a full financial year on the date of application

-  they switched from being a sole trader (which they had been for almost 2 financial years) to being the director of a limited company in February of their second tax year (they applied around June). They were refused because they had not been the director of a limited company for a full financial year. If they had waiting until April (end of the tax year) to switch self-employment types, they would have qualified for the visa as a sole trader, using the previous full financial year.

- we have seen several people refused for having just 1 document missing or in the wrong format... meaning that if he can’t provide every single required self-employment document (including the CT600), the visa will be automatically refused.


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I feel absolutely sick to my stomach reading this.. I’ve been all the phone all afternoon trying to get consultations. I tried to ring MediVisas and no response. What if he waited till April when the tax year ends and does a self assessment tax return in his own name? He was given this advice by a solicitor today. He will be speaking with his accountant tomorrow and he will be contacting HMRC about it as well, but is there anything else to be done? We’ve come too far and sacrificed too much to just give up.