Yes we may have jumped the gun in hiring the lawyer but we only got him to verify all the docs and application were in order. We didn't pay very much.
That's good - though, lawyers have been known to give incorrect advice and to tell people to include the wrong documents, so I'd just be aware of that.
Im' a freelance in NYC for the last ten years and I have all my tax returns and invoices bank statements to back that up.
Just to check, do you have all the required documents for self-employment income?
The requirements are (paragraph 7 of Appendix FM-SE) - for self-employment outside the UK, you provide the equivalent:
7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out);
and
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
(f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
(h) One of the following documents must also be submitted:
(i)
(aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year;
or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.
Earnings have been consistently above the 18500.
Just to clarify, it's £18,600, not £18,500... it might not seem like a big difference, but that £100 is important - for some, it will be the difference between a visa refusal and a visa approval.
Regarding the job offer I have in the UK. I have a signed contract, start date, and a signed offer letter on company letterhead. They also provided me with a letter stating why they want to hire me. (lawyer advised I ask for that)
All you need is the signed contract and the offer letter. As long as they are official and printed on company letterhead, and the job offer meets the requirements, they should be accepted without issue.
I've been giving daily advice on the documents required for a spousal visa for almost 15 years and I've never heard of anyone needing to send a letter stating why the company wants to hire them. It is not listed in the official requirements, therefore it is not needed and is unlikely to even be looked at.
My concern is how does the home office look at job offers and decide if they are legitimate? If that company is new and doesn't have a history of high turnover would they decide its not a legitimate job offer?
They will read the offer letter and the contract, tick a box to say that the job offer meets the requirement, and move on to the next part of the application.
In 15 years, I think I've only seen a job offer be questioned maybe 2 times... and those circumstances were:
- the job offer was made by a close relative of the UK sponsor and the legitimacy of the job was questionable
- the job offer letter was not on company letterhead, which made UKVI question whether the company even existed (i.e. it looked like the letter was written by a friend and printed at home).
