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Self employment, citizenship as married to british citizen
Posted: Mon Apr 16, 2012 7:02 pm
by KarenYucel
Hi,
My husband has handed in his application today via the National Checking Service. Just one question, in the application form it asks if you are registered self-employed for you to provide last tax return. We took this along to NCS and were told that it was not necessary to send it as it's not required when applying as spouse of a British citizen. We did ask her a number of times and pointed out where it asks for it in application form but she was adament.
Just wanted to check that she is correct as if she is then it is not clear on application form.
Don't want his application to be refused simply because this lady does not know what she's talking about.
Thanks
Posted: Mon Apr 16, 2012 7:34 pm
by Jambo
Assuming your husband was I a spouse visa before and not other category (such as tier-1), then she was right.tax returns are not needed.
Posted: Mon Apr 16, 2012 7:57 pm
by KarenYucel
Jambo wrote:Assuming your husband was I a spouse visa before and not other category (such as tier-1), then she was right.tax returns are not needed.
Yes he arrived here on spousal visa.
Thanks that is a real weight of our minds.
Posted: Tue Apr 17, 2012 9:18 am
by friendinneed
The form doesnt actually ask for your self assessment tax return but the self assessment statement of account which is the document you get back from the tax return if you owe HMRC monies, if you have no tax due or are due a refund you dont get issued with a statement of account.
I would say that there is nothing in the forms or guidance notes that say you dont need them if married to a BC. That said when we did ours we had never received a SoA as self employment is very low earning (more of a hobby really) and so just added a note to that effect in the other info box and we had no problems.
Posted: Tue Apr 17, 2012 11:44 am
by Jambo
friendinneed wrote:The form doesnt actually ask for your self assessment tax return but the self assessment statement of account which is the document you get back from the tax return if you owe HMRC monies, if you have no tax due or are due a refund you dont get issued with a statement of account.
I would say that there is nothing in the forms or guidance notes that say you dont need them if married to a BC. That said when we did ours we had never received a SoA as self employment is very low earning (more of a hobby really) and so just added a note to that effect in the other info box and we had no problems.
See
7.6.1.
Self employed SA is only required for certain immigration categories (mainly HSMP/Tier-1). Not for people on family routes.
Posted: Tue Apr 17, 2012 1:35 pm
by friendinneed
Jambo wrote:See
7.6.1.
Self employed SA is only required for certain immigration categories (mainly HSMP/Tier-1). Not for people on family routes.
7.6.1.b is Sole Representatives, aka Sole Traders aka self employed, which is where the OP's husband would fit.
We didnt send one but gave an explanation why
Posted: Tue Apr 17, 2012 2:58 pm
by Jambo
friendinneed wrote:7.6.1.b is Sole Representatives, aka Sole Traders aka self employed, which is where the OP's husband would fit.
Sole Representative refers to the applicant visa category i.e.
sole representative of an overseas business not the profession of the applicant.
As I said, if he was on a spouse visa, SA is not required.