Spouse ILR. Ltd company financial year different to SA302 year
Posted: Mon Oct 15, 2018 2:19 pm
Hi folks
I'm new here and have searched fairly thoroughly through this forum and elsewhere online to find the answers I need but, alas, I can't find any discussion relevant to my situation. I really hope someone here can help.
My situation in brief:
1. I'm British, sponsoring my non-EU spouse for ILR. We have 3 British kids. We have all the documents we need with only the income requirement posing a problem.
2. In the past 12 months I've worked: as a salaried employee in a permanent position; a salaried employee for a limited company which I am the 100% owner of; a salaried employee for another company in a temporary (2 months) position; and as a self-employed hourly paid worker (very briefly). My spouse started full-time work a month ago earning 12k (yes, well under minimum wage but that's another discussion).
3. I've earned over £18600 in the past 12 months and any rolling 12-month period since 2013 (the year my wife entered)
4. My limited company has just completed 12 months' trading so I will soon be able to provide the 'full financial year' company documentation required.
The problem is this: My company's first financial year runs Sept 2017 to Sept 2018, but the SA302 self-assessment document HAS to be for the tax year which runs April to April.
Section 9.3.4 states:
If a person has different financial years, e.g. because they are both self-employed and a director or other employee (or both) of a specified limited company, their income from the self-assessment tax return and Company Tax Return financial years cannot be combined to meet the financial requirement. Including income from differently based financial years would not be a fair or accurate way of calculating a person’s annual income. This restriction also applies where a person and their partner have income based on different financial years: the application must rely on both partners’ eligible income in the same financial year(s).
I can understand the reason for this ruling but it leaves me in a terrible situation because I need to rely on both salaried and self-employed (as a director/employee of my own company) income in order to demonstrate I've earned over £18,600.
Does anyone know of a way around this? I'm devastated because until a few days ago I thought we would be fine on the income side of things, and now, having drilled deep into the rules, it seems that we are not
I'm new here and have searched fairly thoroughly through this forum and elsewhere online to find the answers I need but, alas, I can't find any discussion relevant to my situation. I really hope someone here can help.
My situation in brief:
1. I'm British, sponsoring my non-EU spouse for ILR. We have 3 British kids. We have all the documents we need with only the income requirement posing a problem.
2. In the past 12 months I've worked: as a salaried employee in a permanent position; a salaried employee for a limited company which I am the 100% owner of; a salaried employee for another company in a temporary (2 months) position; and as a self-employed hourly paid worker (very briefly). My spouse started full-time work a month ago earning 12k (yes, well under minimum wage but that's another discussion).
3. I've earned over £18600 in the past 12 months and any rolling 12-month period since 2013 (the year my wife entered)
4. My limited company has just completed 12 months' trading so I will soon be able to provide the 'full financial year' company documentation required.
The problem is this: My company's first financial year runs Sept 2017 to Sept 2018, but the SA302 self-assessment document HAS to be for the tax year which runs April to April.
Section 9.3.4 states:
If a person has different financial years, e.g. because they are both self-employed and a director or other employee (or both) of a specified limited company, their income from the self-assessment tax return and Company Tax Return financial years cannot be combined to meet the financial requirement. Including income from differently based financial years would not be a fair or accurate way of calculating a person’s annual income. This restriction also applies where a person and their partner have income based on different financial years: the application must rely on both partners’ eligible income in the same financial year(s).
I can understand the reason for this ruling but it leaves me in a terrible situation because I need to rely on both salaried and self-employed (as a director/employee of my own company) income in order to demonstrate I've earned over £18,600.
Does anyone know of a way around this? I'm devastated because until a few days ago I thought we would be fine on the income side of things, and now, having drilled deep into the rules, it seems that we are not