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Income from Salaried Employment & Self employment

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mhrw2t
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Income from Salaried Employment & Self employment

Post by mhrw2t » Sun Jul 23, 2017 4:29 pm

Hello All,

I need bit of an information. My Husband and myself work in a company where I hold directorship.

For last Fiscal year April 2016-March 2017, I withdrew salary 10,200 as a director and My husband as an employee was paid around 10,000. His visa extension is due in October and we been taking salaries since april this year as usual.

My question is to reconfirm are we allowed to Add up our incomes from self employment & Salaried employment or not from last financial year.

Should I put myself in salaried employment bracket or self employment because i am a director in same company as well & took salary as a director but no dividends were paid.

Regards
Sanio

mhrw2t
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Re: Income from Salaried Employment & Self employment

Post by mhrw2t » Sun Jul 30, 2017 10:23 am

Hello there, assist with my enquiry.

is there anyone who can please reply to my question.

Kind Regards

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seagul
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Re: Income from Salaried Employment & Self employment

Post by seagul » Sun Jul 30, 2017 12:19 pm

Salaried and self employment cannot be combined. Furthermore, although in market there are many family run businesses but unless it's well established/reputable the caseworker won't easily be convinced and may carry out heavy investigation.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

MobeenSaeed
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Re: Income from Salaried Employment & Self employment

Post by MobeenSaeed » Sun Jul 30, 2017 3:24 pm

seagul wrote:Salaried and self employment cannot be combined.
Wrong

It can be combined, with caveats, of course.
The following is an excerpt from the official HO rules and guidance, on page 58, underneath the heading, "9.3. Self-employment or Director of a specified limited company in the UK - general requirements":

"9.3.6.
Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement.
However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application. For example, to
count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application."

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seagul
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Re: Income from Salaried Employment & Self employment

Post by seagul » Sun Jul 30, 2017 3:38 pm

MobeenSaeed wrote:
seagul wrote:Salaried and self employment cannot be combined.
Wrong

It can be combined, with caveats, of course.
The following is an excerpt from the official HO rules and guidance, on page 58, underneath the heading, "9.3. Self-employment or Director of a specified limited company in the UK - general requirements":

"9.3.6.
Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement.
However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application. For example, to
count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application."
You should read the op thread too before jumping on guidance. OP is asking for the last financial year which can't be combined. Combination is only possible for a relevant financial year/period.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

MobeenSaeed
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Re: Income from Salaried Employment & Self employment

Post by MobeenSaeed » Sun Jul 30, 2017 3:47 pm

seagul wrote:You should read the op thread too before jumping on guidance. OP is asking for the last financial year which can't be combined. Combination is only possible for a relevant financial year/period.
You should take your own advice. Clearly "last Fiscal year" is the relevant financial period seeing as the visa extension is due for this October.

And you did not at all say the following: "Combination is only possible for a relevant financial year/period" in your original post.
mhrw2t wrote:For last Fiscal year April 2016-March 2017, I withdrew salary 10,200 as a director and My husband as an employee was paid around 10,000. His visa extension is due in October and we been taking salaries since april this year as usual.
I forgot to add in the link for the official rules and guidance in my previous post

https://www.gov.uk/government/uploads/s ... rement.pdf

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seagul
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Re: Income from Salaried Employment & Self employment

Post by seagul » Sun Jul 30, 2017 3:58 pm

MobeenSaeed wrote:
seagul wrote:You should read the op thread too before jumping on guidance. OP is asking for the last financial year which can't be combined. Combination is only possible for a relevant financial year/period.
You should take your own advice. Clearly "last Fiscal year" is the relevant financial period seeing as the visa extension is due for this October.

And you did not at all say the following: "Combination is only possible for a relevant financial year/period" in your original post.
mhrw2t wrote:For last Fiscal year April 2016-March 2017, I withdrew salary 10,200 as a director and My husband as an employee was paid around 10,000. His visa extension is due in October and we been taking salaries since april this year as usual.
Now you are totally wrong after giving partially correct advice at above. In uk fiscal / financial year runs from April to March. If extension is due in October then how can it be a relevant fiscal year when a new fiscal year starts again from 1st April which should be the relevant fiscal year.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

MobeenSaeed
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Re: Income from Salaried Employment & Self employment

Post by MobeenSaeed » Sun Jul 30, 2017 4:07 pm

seagul wrote:Now you are totally wrong after giving partially correct advice at above. In uk fiscal / financial year runs from April to March. If extension is due in October then how can it be a relevant fiscal year when a new fiscal year starts again from 1st April which should be the relevant fiscal year.
:shock:

Are you being serious right now? You are just embarrassing yourself even further.

"9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement."

This is on page 57, from the official HO rules and guidance. You would do well to actually read this before handing out "advice"

https://www.gov.uk/government/uploads/s ... rement.pdf

mhrw2t
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Re: Income from Salaried Employment & Self employment

Post by mhrw2t » Mon Jul 31, 2017 7:24 pm

seagul wrote:
MobeenSaeed wrote:
seagul wrote:Salaried and self employment cannot be combined.
Wrong

It can be combined, with caveats, of course.
The following is an excerpt from the official HO rules and guidance, on page 58, underneath the heading, "9.3. Self-employment or Director of a specified limited company in the UK - general requirements":

"9.3.6.
Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement.
However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application. For example, to
count income from property rental the income must have been received during the relevant financial year(s) and the property must still be owned by the relevant person at the date of application."
You should read the op thread too before jumping on guidance. OP is asking for the last financial year which can't be combined. Combination is only possible for a relevant financial year/period.

Sir thank you for looking into this, our fiscal or financial year ended on march 31st. We would need to reference to recently ended accounts which matches with ct600 along with company and our personal bank statments.

mhrw2t
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Re: Income from Salaried Employment & Self employment

Post by mhrw2t » Mon Jul 31, 2017 7:29 pm

MobeenSaeed wrote:
seagul wrote:Now you are totally wrong after giving partially correct advice at above. In uk fiscal / financial year runs from April to March. If extension is due in October then how can it be a relevant fiscal year when a new fiscal year starts again from 1st April which should be the relevant fiscal year.
:shock:

Are you being serious right now? You are just embarrassing yourself even further.

"9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement."

This is on page 57, from the official HO rules and guidance. You would do well to actually read this before handing out "advice"

https://www.gov.uk/government/uploads/s ... rement.pdf
Thank you for your reply.

This is what i read as well and tried matching with my scenario and it seems that we both fall under same category.

however this arises a question that type of a company we got that is a limited company mentioned in appendix fmse.

but i am confused as how will i fill the form because i would need to fill my salaries under cat F and since my husband is an employee where would his salary go. so not sure how do i go further about filling the form. Its all bit confusing thats why i just cant see a way to combine our salaries together.

would you have some idea how do we fill the flm form and how would we divide our my director salary nd his employee salary.

MobeenSaeed
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Posts: 117
Joined: Sat Sep 24, 2016 10:38 pm

Re: Income from Salaried Employment & Self employment

Post by MobeenSaeed » Mon Jul 31, 2017 8:14 pm

mhrw2t wrote:
MobeenSaeed wrote:
seagul wrote:Now you are totally wrong after giving partially correct advice at above. In uk fiscal / financial year runs from April to March. If extension is due in October then how can it be a relevant fiscal year when a new fiscal year starts again from 1st April which should be the relevant fiscal year.
:shock:

Are you being serious right now? You are just embarrassing yourself even further.

"9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement."

This is on page 57, from the official HO rules and guidance. You would do well to actually read this before handing out "advice"

https://www.gov.uk/government/uploads/s ... rement.pdf
Thank you for your reply.

This is what i read as well and tried matching with my scenario and it seems that we both fall under same category.

however this arises a question that type of a company we got that is a limited company mentioned in appendix fmse.

but i am confused as how will i fill the form because i would need to fill my salaries under cat F and since my husband is an employee where would his salary go. so not sure how do i go further about filling the form. Its all bit confusing thats why i just cant see a way to combine our salaries together.

would you have some idea how do we fill the flm form and how would we divide our my director salary nd his employee salary.
This is the form; I believe you are referring to?

https://www.gov.uk/government/uploads/s ... -04-17.pdf

If it is this, then, on page 27, you would tick, Income from salaried employment, and, complete Section 7.3A, for your husband. Also, you would tick, Income from self employment and you would complete Section 7.3B.

mhrw2t
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Re: Income from Salaried Employment & Self employment

Post by mhrw2t » Mon Jul 31, 2017 8:50 pm

mhrw2t wrote:
MobeenSaeed wrote:
seagul wrote:Now you are totally wrong after giving partially correct advice at above. In uk fiscal / financial year runs from April to March. If extension is due in October then how can it be a relevant fiscal year when a new fiscal year starts again from 1st April which should be the relevant fiscal year.
:shock:

Are you being serious right now? You are just embarrassing yourself even further.

"9.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement."

This is on page 57, from the official HO rules and guidance. You would do well to actually read this before handing out "advice"

https://www.gov.uk/government/uploads/s ... rement.pdf
Thank you for your reply.

This is what i read as well and tried matching with my scenario and it seems that we both fall under same category.

however this arises a question that type of a company we got that is a limited company mentioned in appendix fmse.

but i am confused as how will i fill the form because i would need to fill my salaries under cat F and since my husband is an employee where would his salary go. so not sure how do i go further about filling the form. Its all bit confusing thats why i just cant see a way to combine our salaries together.

would you have some idea how do we fill the flm form and how would we divide our my director salary nd his employee salary.
Hi mobeen, another question for you may be you can help me answer this.

under new flr m extension form do we have to refer Appendix FM 1.7 which you stated in last message with pdf link
or
Appendix FM-Se guidance
https://www.gov.uk/guidance/immigration ... d-evidence

Do you have any idea which one to refer because in appendix fm1.7 it clear states we can combine but under appendix fm-se its not stated anywhere.

it's becoming really complex and have been speaking to lawyers as well and they just don't give you a right answer as well.

MobeenSaeed
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Posts: 117
Joined: Sat Sep 24, 2016 10:38 pm

Re: Income from Salaried Employment & Self employment

Post by MobeenSaeed » Mon Jul 31, 2017 9:40 pm

mhrw2t wrote:Hi mobeen, another question for you may be you can help me answer this.

under new flr m extension form do we have to refer Appendix FM 1.7 which you stated in last message with pdf link
or
Appendix FM-Se guidance
https://www.gov.uk/guidance/immigration ... d-evidence

Do you have any idea which one to refer because in appendix fm1.7 it clear states we can combine but under appendix fm-se its not stated anywhere.

it's becoming really complex and have been speaking to lawyers as well and they just don't give you a right answer as well.
Both Appendix FM 1.7 and Appendix FM-SE is used because FM-SE highlights what specific evidence(s) needs to be provided.

Proof of this is can be shown by quoting from FM-SE:

"Evidence of Financial Requirements under Appendix FM

A1. To meet the financial requirement under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. of Appendix FM, the applicant must meet:
(a) The level of financial requirement applicable to the application under Appendix FM; and
(b) The requirements specified in Appendix FM and this Appendix as to:
(i) The permitted sources of income and savings;
(ii) The time periods and permitted combinations of sources applicable to each permitted source relied upon; and
(iii) The evidence required for each permitted source relied upon."

Notice the bolded statements.

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