Couple of FLR(M) questions - accommodation and self-employed

Hi everyone, My wife and I are just sitting down to get our docs together for FLR(M). She came in to the UK in September 2017 and the expiry date on her BRM is 23rd May. I have two questions (but may have more as I get down to it!):

1 Accommodation: Am I right in thinking we only have to provide proof with letters, bills etc. for the last 2 years, not since she entered the country? We've lived at out current address since Feb 2018 so this would make things easier.

2 Income: We'll be using my income as self-employed to meet the requirement. The latest tax return I have is for 2018/2019, which I submitted myself without an accountant (I'm a sole trader). Is this ok to use? And if so, should bank statement cover that same period, to the period up to now?

Thanks in advance for any help

1 Accommodation: Am I right in thinking we only have to provide proof with letters, bills etc. for the last 2 years, not since she entered the country? We've lived at out current address since Feb 2018 so this would make things easier.

No, the 2 years of letters and bills is for your relationship evidence, not your accommodation evidence.

For accommodation evidence, you show where you currently live and will continue to live in the future, so you need:
If you rent:
- your original tenancy agreement (if both names are not on it, you also need a letter from the landlord giving your wife permission to live there too)
- your latest council tax bill
If you own:
- your Land Registry document
- your latest mortgage statement
- your latest council tax bill

Then, for your relationship evidence, you have to prove you have lived TOGETHER in the same house as each other for the last 2 years.

So you need to send:
- marriage certificate
- any divorce decrees
- 6 official items of mail in each name, from at least 3 different official sources, spread evenly over the last 2 years... so that's one document in each name, dated every 4 months. They can be joint documents, or individual documents, but you need each name on 6 of them (i..e 6 joint documents, 12 individual documents (1 each for each month you are using), or a combination of both)

For example, if you apply in April 2020, you will need a document in each name from each of the following months:
April 2018
August 2018
December 2018
April 2019
August 2019
December 2019
Optional extra (as it makes 7): April 2020

2 Income: We'll be using my income as self-employed to meet the requirement. The latest tax return I have is for 2018/2019, which I submitted myself without an accountant (I'm a sole trader). Is this ok to use? And if so, should bank statement cover that same period, to the period up to now?

You can only use the last FULL financial year, for which you have filed your taxes and have all your documents in order. You MUST use the financial year most recently ended.

Therefore, I believe you can ONLY use the 2018/2019 tax year, if you apply online in the next 3 days (before the end of April 5th). Which I would not advise doing because it sounds like you are only just getting started on preparing your application, and there are something like 14 different mandatory documents you need for self-employment, all of which must be in your hands and in order BEFORE you apply online (same goes for all the other required evidence).

If you apply from April 6th onwards, I believe you will have no choice but to use the 2019/2020 tax year, which means you cannot apply until AFTER you have filed your tax return for April 2020. However, I'm not sure if you will have enough time to do that before her visa expires, especially with everything going on at the moment (I'm also not sure if there will be any allowances because of the virus).

Does your wife work? If so, can you meet the requirements using her income instead? What about cash savings?

Self-employment is the trickiest category to use, with the most documents required, and so you really only want to use it as a last resort, if you have absolutely no other choice and no other way of meeting the financial requirements.

Thanks for the info. I think I might be bit screwed on the financial side then? I don't think I'd be able to get the p60s from my employed side of earnings (a small part of it) in time to do my text return for 2019/20 in time.

My wife works but she earns just below the minimum (ironically she's a kew worker working with vulnerable children). I might just have to try and get my application in the next three days. I think I've got all the docs I need just need to organise them.

I don't think I'd be able to get the p60s from my employed side of earnings (a small part of it) in time to do my text return for 2019/20 in time...

My wife works but she earns just below the minimum (ironically she's a kew worker working with vulnerable children).

Does the amount you earn from employment, plus the amount she earns total at least £18,600/year, before taxes?

Thanks for the info. I think I might be bit screwed on the financial side then? I don't think I'd be able to get the p60s from my employed side of earnings (a small part of it) in time to do my text return for 2019/20 in time.

My wife works but she earns just below the minimum (ironically she's a kew worker working with vulnerable children). I might just have to try and get my application in the next three days. I think I've got all the docs I need just need to organise them.

If you combine your employment income with her employment income do you make the requirement?

Self employment is not a category you want to be using unless there is no other option.

Actually, yes. I think the amount we both make from employment would take us over the threshold. Is that an option then?

Actually, yes. I think the amount we both make from employment would take us over the threshold. Is that an option then?

It's the preferred option. 

Actually, yes. I think the amount we both make from employment would take us over the threshold. Is that an option then?

Yes, that would definitely be your best bet.

As long as you can both provide all the required payslips, bank statements and employer letters, then it's your best option.

You wouldn't need to worry about tax returns or about timing of the application... you can just take your time preparing the documents and you just need to make sure the online application is submitted before May 23rd.

If you have both been with your employers for at least 6 months, and have been earning your current salaries/wages for all of that time, you only need to provide 6 months of payslips and bank statements each (Category A).

If either of you has been with your employer less than 6 months and/or earning your current salaries less than 6 months, you will be Category B and will need to provide 12 months of payslips and bank statements.

That's great, thank you! So what docs do we need for this? Payslips and bank statements for 6 months from both of us? (sorry if that's a novice question!)

ksand24 thank you! You beat me to it We've both been with our employers more than a year, so the 6 months would work. Do we need a letter from the employer too?

ksand24 thank you! You beat me to it We've both been with our employers more than a year, so the 6 months would work. Do we need a letter from the employer too?

Yes, you each need the following:

- 6 FULL months of original payslips (this will likely mean including 7 months to cover every single day of the 6 months)
- 6 FULL months of original bank statements showing the deposit of every single payslip
- a letter from each employer stating ALL of the following:
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment (permanent/temporary, full or part time)

The letters, plus each of your latest payslips and bank statements, must be dated no more than 28 days before the date the online application is submitted.

If the payslips are not original (I.e. online payslips), they must be accompanied by a letter from the employer confirming their authenticity. This can be included in the mandatory letter above. Also, if there are any discrepancies between payslip dates and bank statement deposit dates, or between amounts on payslips and bank statements, they must also be explained in the letter.

If bank statements are not original, they must be stamped/signed by the bank on every page or accompanied by a letter of authenticity from the bank.

Optional but recommended documents, as they can be asked for
- original job contracts
- latest P60 (this may be the 2019 one)

See here for more specifics:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf
And
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence


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Brilliant. Thanks! One more question (sorry): I thought the last date we could submit application was 28 days before her BRP expires (i.e. 25th April), not 23rd May?

Brilliant. Thanks! One more question (sorry): I thought the last date we could submit application was 28 days before her BRP expires (i.e. 25th April), not 23rd May?

No, the EARLIEST date she could have applied was 28 days before she reached 30 months in the UK. The LATEST date is the expiry date of her visa.

So, if she entered the UK in September 2017, she would have reached 30 months in March 2020. Therefore, the earliest date she could have applied was 28 days before that, which would have been sometime in February 2020.

Which means her window to submit the online application is [that date in] February 2020 up until 23rd May 2020.

Excellent, thanks!