Looking for Spouse Visa Expert Advice and Help

Hi and welcome to the Forum.

I think you're reading to much into this; all that stuff is what is required if he is classed as being in "employment", i.e. he is working for somebody and has/had a contract of employment; he is none of that.  Put simply, he needs to prove income exceeding £18,600 p/annum; permissible sources are:

1.  Earnings from employment or self-employment - but only if he is in the UK with permission to work
2.  A pension
3.  Maternity, paternity, adoption or sick pay
4.  Other income such as from rent or shares
5.  Cash savings - you'll need at least £16,000, and the savings must have been in your name for 6 months or more

Only his income counts.  Whether he is employed or self-employed doesn't matter, he needs to show bank accounts for the previous 12 months from the date of application that he has earned in excess of £18,600 in that year and be able to explain where it came from, so any invoices, business documents.

There are 2 links I can give you that may help you further; the first is from the UK Gov website; this link will take you there.  The second is from the UK Citizens Advice Bureau website; this link will take you there.

If you have any further specific questions, please come back to us.

Hope this helps.

Cynic
Expat Team

Hi Cynic, 

Thank you very much for your quick response. 

We really had to delay the application due to this 

Appendix FM 1.7: Financial Requirement August 2017 58
9. Self-employment or Director or employee of a specified limited company in the UK
Category F (full financial year)
Category G (Two financial year)
   9.6. Sole trader, partner or franchise – specified evidence 9.6.1. The evidence required to demonstrate income from self-employment is specified in Appendix FM-SE: 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); (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 license to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent


If only 12 months bank statement we can supply that, but upon reading the Appendix FM 1.7: Financial Requirement all confusion started.

Thank you

Hi again.

The bottom line is they are looking for £18.6k of income after taxes; all those things they are asking for are part of being a legitimate sole-trader.  From what you've previously said, it looks like he works as a contractor.  Before my daughter emigrated, she was a sole-trader for her fitness training company and I still have all that stuff they have asked for in relation to her business in a box upstairs.  They are ensuring that the money he earned has been declared to HMRC and paid all his taxes; because if he hasn't, then it may affect whether he, in fact, does earn £18.6k.

I'm assuming he is legit; does he have an accountant who does all his tax work for him; if so, he needs to speak to them and show him the tax documentation they are asking for.  If he does it himself, then I hope he has kept the records.

So to try and simplify matters, the evidence he needs is:

1.  Tax assessment from HMRC and evidence of what has been paid for the last financial year.
2.  Copy of self-assessment tax return and/or Statement of account (SA300 or SA302).
3.  Copy of HMRC registration.
4.  His (and business if applicable) Unique Tax Reference number.
5.  Copy of bank statements for the same period as the tax return.
6.  Evidence that the business is still trading, so last 3 months bank statements showing money going in and out and invoices to back up income and that business rates, insurances etc have all been paid.

There is really no negotiation over these; they are "must haves"; the problem you may have is that if he's only been doing this since last October, then he has not filed any tax returns yet, but he must have registered with HMRC.  So the other information can only come from his previous business and will depend on how good he was at keeping records.

This is all in relation to a family spouse/partner visa; you haven't told us what you do, is there any chance of you qualifying for a UK work visa in your own right?

Hi,

I am glad that you understand my scenario as I am really losing hope to finally get answers to all my queries 🙂

I am working as Quality Manager for almost 7years in Dubai. If there will be a suitable job for me to qualify for UK work visa in the UK then of course I will grab that opportunity to lessen the stress of gathering spouse visa requirements lol 😂

The issues that we had was after his limited company dissolved last Sept 2018 he started working to this another limited company from Oct 2018 up to present. But by Oct - Dec2018 he was paid on cash basis so no bank deposit transaction happened. He only started bank deposit early this year.

His previous limited company was registered in HMRC I have to check if he still keep the records as his previous accountant had issues and they fell out with each other for some reason so I doubt if we can get the records unfortunately. While being as sole trader he is not registered yet but he is on the process of registering within this month. In that case are we qualified to get any tax return statement for 2018/19 tax return despite he will just about to register in HMRC being self employed sole trader from Oct 2018? Or the 2018/19 is irrelevant to include in our application?

On note 5. Bank statements for the same period as the tax return (Which is run from April 6-April 5 the following year). In my husband's case he only have Bank statements from January 2019 up to present as sole trader. Do u think I should wait until the 2019/20 tax year ends before submitting the visa application? Or is there any way around to make the application earlier than that as we were apart for almost 3 years now 😢

Can we combine his earnings from his non-defuct business financial year to his current earnings as sole trader tom complete 2018/19 12 months? Because I read somewhere that Ct600 cannot be combine with SA tax return?
Limited company last earnings Apr 6, - Sept 15, 2018 (2018/19)

Unregistered Sole trader Oct 2018-current
(2018/19)

He earns more than the threshold requirements but the problem is we are confuse how to provide the documents needed.

Again, thanks for helping me out 🙏🏻🤗

Hi again.

To answer your questions; it will be too early to get a copy of the 2018/2019 tax declaration; that tax year has not yet finished; plus if that company has since been wound-up and they all fell out because of it, then I suspect that tidying up the financial affairs will be pretty low on peoples priorities.

My own opinion is that if he worked cash in hand since Oct 2018, then there may well still be an issue with tax (especially if the person employing him hasn't declared it).  If he is legit from January this year, then please make sure he has done all the things he needs to so that he can comply with the 6 items in the list above; so I guess you may have to wait until he has established records, but the 2019/2020 tax year doesn't end until April 2020, so over a year away.  Mabe the previous company records will help further if he can get his hands on them; I honestly don't know.

With regards to you getting a work visa in the UK; you will only get one if you qualify for a job that is described in the shortage occupations list on the UK Gov website; I've previously written a sticky post regarding these (top of the Forum);  this link will take you there.  If you qualify, then you need to find a job, then your new employer sponsors your visa and it becomes a lot easier.

I think it may be helpful if he makes an appointment to see his local Citizens Advice Bureau; the 2nd link I gave you earlier.  They are free and will have dealt with many immigration cases in the past.  They may have no experience of your specific case (it's pretty unique), but they may know of someone who can help you both out.

Hope this helps a little bit.

Cynic
Expat Team

Hi Cynic

Your advise are really helpful and very much appreciated. Thank you thanks you very much.

I guess we have no choice but to wait after April 2020 until he completes all the needed requirements but who knows he might have another job as I've seen using category A (salaried employment) requirements are a lot easier to comply than being self employed.

Oh before I forget is it true that when applying for spouse visa I was told that it has to be done in my country of Origin? I was about to lodge my application here in Dubai but upon hearing that it means I have to resign from my current employment to apply from my home country, how true is it?

Hi again.

No, never heard that before; check before you do that.

Hi all,im new to this. Just joined expat.com today.Hoping to apply for my partner a UK visitor visa this year and I have a question on the financial aspect.
When providing proof of income of £18,600 is this before tax or after tax? Thanks

Jennywren74 wrote:

Hi all,im new to this. Just joined expat.com today.Hoping to apply for my partner a UK visitor visa this year and I have a question on the financial aspect.
When providing proof of income of £18,600 is this before tax or after tax? Thanks

After tax.

My wage is just under after tax.
But I receive weekly enough in clients generous  "tips" which pushes my income above the threshold. The only proof of the extra will be me depositing it into my bank account weekly
Wonder will this be "good enough" in meeting requirement-it is indeed income as its classed as taxable income and subject to income tax thru HMRC. Thanks 🙂