Spouse visa through self employment

[marwa]

Hi,

My fiance british settled in england

He work self employed as sole trader

I wanted to know will self-employment be sufficient for me to apply for spouse visa to join him to the UK ?

What documents exactly are required ?

Thank you for helping

[MPH80]

It can be - depends on if he earns over the threshold.

The documents required are listed in Appendix FM-SE to the immigration rules. It would be highly sensible to read and understand them yourself.

http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/

[marwa]

Hi , thank you MPH80
last year my fiance earned £19.632
I read here someone rejected his visa because his income before tax taken off was less than £18.600
on appendix FM-SE Everything is clear, but the income was not clear to me
pls explain to me self employed income required to ukba ?

[Casa]

He needs to have £18,600 remaining after expenses have been deducted. i.e the amount he declares for tax.

[marwa]

That's mean ukba need income after tax

[MPH80]

No - rather specifically - it means the amount of income he is declaring for tax purposes.

Taxable income = profit - expenses.

[marwa]

Taxable income =profits(before tax taken off) - expenses(net income Which is after tax)

please MPH80 tell me I'm right

[MPH80]

No.

His taxable income is the amount he declares on his self assessment form as his profit.

That will be AFTER his business expenses - such as travel, phone etc.

So he might bring in £19.6k raw - but if he only declares £17k profit to HMRC - UKBA will consider his income to be £17k.

You need to find out what income was considered taxable by HMRC last year. Easy to do from the self assessment form.

[marwa]

I read here someone rejected his visa because his self assessment tax calculation show income before tax taken off less than £18.600

[MPH80]

Exactly the point.

You need to find out how much taxable income was declared.

[Alex3977]

I have recently got refusal for my settlement visa under financial requirement section of 18600 pounds.

My sponsor annual income was shown 16615 pounds salary income + 3725 pounds self-emp income. But they have not considered this self emp income 3725 bcoz tax return was not there. My sponsor's HMRC registration was done in July'12 and we have applied visa in Jan'13. So tax to be paid aftr March'13 only so how can tax return to be submitted before it??

My wife was supposed to pay this tax in upcoming april anyhow and it was mentioned in the self emp accounts that sum tax is due to be paid aftr this financial year.

Now my question is 'can we appeal on this refusal with paid tax return along with accounts papers ? Bcoz thats the only point for my refusal. Pls guide me on this.

[MPH80]

My opinion - no.

The entire point of the rules is that it requires you to provide the last financial year's self employment information + evidence of continued self employment. You cannot, therefore, use self employment from the current financial year.

I don't think they've error-ed in law during application here.

Personal opinion - wait until the tax year is over, get the required documents and reapply.

M.

[Alex3977]

Thanks MPH80
In refusal lttr its mentioned that send the supporting docs alone with appeal. Tax return will be done in 1st week of april so can send tax return along with appeal grounds for ECM review. other require docs of self emp already sent earlier.
Pls guide

[MPH80]

You cannot provide any documents which are considered 'new evidence' - e.g. something that wouldn't reasonably have expected to have been available at the time of decision.

So - for example - if a bank statement was missing and you got refused on that - you could include it. But you couldn't include a NEW statement.

As such - if you complete the tax return on April 1st - you won't be able to include it in the appeal.

To conform with the requirements - you'd have to reapply.

[Alex3977]

Ok got the point.
Except this,my all other things have been cleared as per refusal lttr. While re-apply is that any possibility that ECO will raise any query at cleared point of 1st application?? My document would be same . Aftr how much days can reapply?

[MPH80]

A new application must be complete in it's own right.

So if you fail to meet a point in the 2nd application which you met in the 1st - you can be refused on that point.

You could reapply today if you wanted and had all the evidence.

My advice - read FM-SE very carefully and make sure you include all the required evidence for the self employment.

[Alex3977]

Thanks....
One more Query - For accommodation we did provide landlord authority lttr along with utility bill. There is ample space to live there in the property. Is this enough or should we provide rented property docs with agreement ??

[MPH80]

The 'general' view here is that you should provide some sort of survey of the property - which I'm told can be done by the local council.

That will clearly state the number of rooms etc.

[Alex3977]

ok...i have heard that property survey report also can be done by estate agency. Hope this can be considered for accommodation.

[marwa]

I read here someone rejected his visa because his self assessment tax calculation show income less than £18.600
me too his self assessment tax calculation show income less than £18.600 but he told me that his income fares and tips received = £19.632 which is taxable income

[MPH80]

And he has NO business expenses he claims? E.g. fuel ... mobile phone ... etc?

[Alex3977]

i have heard that property survey report also can be done by estate agency. Hope this can be considered for accommodation.

[marwa]

Hi all
self assessment tax calculation is a tax return ?
How many documents i provide to prove self employed income for my fiance?
pls help me

[MPH80]

Marwa - the second post in this thread - my first response to you - provides the link you require.

Because I'm nice - I'm going to give it again: http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/

All the evidential requirements are listed in there very clearly.

Once you've read this and understand it - I'll be happy to answer some questions.

M.

[marwa]

Thank u MPH80
pls self assessment tax calculation = tax return or that each document separately?