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Self employment, citizenship as married to british citizen

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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KarenYucel
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Joined: Wed Jun 01, 2011 9:55 pm
Location: uk

Self employment, citizenship as married to british citizen

Post by KarenYucel » Mon Apr 16, 2012 7:02 pm

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

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Apr 16, 2012 7:34 pm

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.

KarenYucel
Newly Registered
Posts: 12
Joined: Wed Jun 01, 2011 9:55 pm
Location: uk

Post by KarenYucel » Mon Apr 16, 2012 7:57 pm

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.

friendinneed
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Posts: 189
Joined: Sat Oct 02, 2010 12:08 pm

Post by friendinneed » Tue Apr 17, 2012 9:18 am

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.

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Apr 17, 2012 11:44 am

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.

friendinneed
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Posts: 189
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Post by friendinneed » Tue Apr 17, 2012 1:35 pm

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

Jambo
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Apr 17, 2012 2:58 pm

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.

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