Self-employed evidence within 90 days

[JohnOhn]

HI all,

I'm applying for my ILR in November (5 year T1E route). I understand all the evidence requirements except for one: Evidence for business registration – self employed.

For this, you need to show that you are currently registered as being self-employed in the 3 months right before you apply for ILR. But what evidence can we submit to prove this? As far as I know, HMRC will not send you a letter stating you are still self-employed. And the original UTR letter they send out when you register as self-employed will be way older than the "immediate 3 months before applying for ILR". It used to be you could provide your bank statements to show that Class 4 NI was being deducted monthly, but HMRC stopped that monthly payment direct debit system back in 2015, so you can no longer prove registration as self-employed that way.

So what exact evidence can we submit now that shows were are still registered for self-employment in the 3 months before ILR?

Thanks for any input.

(PS: If you are the Director of a company, this is easy: just show a printout of a Companies House statement showing you are still a director in the 3 months before applying for ILR. But self-employed people won't be able to do this.)

PPS: From the HO guidance page 103 this is ALL it says. It DOES NOT give examples of what that documentation might be.

Evidence for business registration – self employed
This page tells you the evidence needed to show registration as a self-employed person who applies for an extension to their leave or indefinite leave to remain (ILR).

You must check registration at 2 periods during the leave when you consider extension applications, once within the 6 months just after the entrepreneur entered the route (their specified date), and again within the 3 months before they applied to extend. Applicants must show they registered within the 3 months before they apply for ILR.

For migrants who switch from Tier 1 (Post-study work) and wish to demonstrate they have been in business since before 11 July 2014, and migrants who are switching from Tier 1 (General) and wish to demonstrate they have been in business since before 6 April 2015, see: Tier 1 (Post-study work)/Tier 1 (General) migrants: continuous business activity.

Evidence
The applicant must provide evidence of their registration with HM Revenue & Customs- once within 6 months of their specified date and again within the 3 months before they applied to extend/applied for ILR.
The specified date can be the date of either:

• their entry to the UK (if they were given entry clearance and have evidence of the date of entry)
  their grant of entry clearance
  their grant of leave to remain if they applied in the UK

[JohnOhn]

I have also found this in the 04/17 Tier 1 (Entrepreneur) of the Points Based System – Policy Guidance:

Evidence of current registration - Self-employed applicants
163. If you are self-employed when you apply, you must provide documentation to demonstrate that you are registered as self-employed with HM Revenue & Customs.

and

Specific Tier 1 (Entrepreneur) Criteria - settlement
216. In addition to the above, you must meet the following criteria:
2) (i) On a date no earlier than 3 months prior to the date of application for settlement, you:

• registered with HM Revenue and Customs as self-employed,

Again, this guidance does not state what exact evidence we can provide that proves we are still self-employed in the three months prior to applying for ILR.

Can anyone help me out here? I'm at a loss on how I can get a document dates within the three months before I apply for ILR that shows I'm still registered as self-employed.

[JohnOhn]

Hi all - sorry to bump this, but I desperately need help on this. I've Google-searched for three days and can find no answers. Does anyone have an idea of the evidence we can use to show this?

[marcnath]

Hi all - sorry to bump this, but I desperately need help on this. I've Google-searched for three days and can find no answers. Does anyone have an idea of the evidence we can use to show this?

Have you checked if HMRC can issue you a statement of NI due to be paid ? I recall getting one of those when I was self-employed for a while. Or they may be able to give you a confirmation letter that you are registered as self-employed.
Have you called HMRC and asked them ?

[JohnOhn]

Hi all - sorry to bump this, but I desperately need help on this. I've Google-searched for three days and can find no answers. Does anyone have an idea of the evidence we can use to show this?

Have you checked if HMRC can issue you a statement of NI due to be paid ? I recall getting one of those when I was self-employed for a while. Or they may be able to give you a confirmation letter that you are registered as self-employed.
Have you called HMRC and asked them ?

Thanks for your reply.

The problem is how HMRC has changed self-employed taxes. Previously self-employed people paid Class 2 NI tax yearly, but Class 4 NI monthly or quarterly, which means HMRC used to be able to send you Class 4 NI statements due every month or quarter, which is how you used to be able to prove you were currently self-employed for the T1E visa. But in June of 2015, HMRC stopped making people pay Class 4 NI monthly or quarterly and instead made Class 4 NI payments due in one lump sum only once a year (like Class 2 was done), which is at the end of the tax year. This change made sense from a paperwork and logistical perspective for both the self-employed and HMRC, but it doesn't work so well for T1E people because the evidence that used to be available to prove you are currently self-employed no longer exists (and hasn't since June 2015)

I suspect this is now why T1E guidance doesn't even mention Class 4 statements as evidence anymore (they used to). The problem is now the HO just remains vague about the evidence for current self-employed status.

I'll try to contact HMRC, but I think I've read on this board before that others have said that HMRC doesn't supply letters to confirm people are currently self-employed.

[mohsensari]

If you contact them and ask for self-employed confirmation letter they will issue one. I got one in Jan 2017

[JohnOhn]

If you contact them and ask for self-employed confirmation letter they will issue one. I got one in Jan 2017

Oh, thank you! great to hear. Do you know how long it took for them to send you the letter?

[JohnOhn]

Hi, I had questions about the evidence required for extension and ILR if you are self-employed and not a director.

1. You must show you are self-employed within 90 days before applying. Is that 90 days before your visa expires or 90 days before you apply? I ask because you can apply 28 days before your visa expires and I'm wondering if the evidential requirements have been met as soon as you are self-employed 90+28 days before your visa expires?

2. I've asked before but have never gotten a definitive answer. What is the exact piece of evidence that HO wants to see from us so we can prove we are self-employed during the 90 day period before extension/ILR? Class 4 NI is no longer deducted on a monthly basis and only paid once a year.

thanks

[JohnOhn]

What I also don't get is why they don't specifically state the evidence they require to show you are self-employed in the guidance. How are people supposed to know what the HO considers what is acceptable evidence and what is not?

[10020132]

A1. It should be within 90 days of your application

A2. Call HMRC and tell them that you need a letter to confirm your registration as being self employed and they will send you a letter. This is what I did when I applied for my visa extension

[JohnOhn]

A1. It should be within 90 days of your application

A2. Call HMRC and tell them that you need a letter to confirm your registration as being self employed and they will send you a letter. This is what I did when I applied for my visa extension

Thank you for your answer. Do you know how long it takes to receive the letter?

[marcnath]

Interesting that you had the same question, the same advice to contact HMRC about two months back.
uk-tier-1-entrepreneur-visas/evidence-o ... 38233.html

It appears you haven't still contacted HMRC and just want to know how long it takes to get the letter ?

The easiest way to find that out would be call HMRC - any reason why you haven't ?

[CR001]

Interesting that you had the same question, the same advice to contact HMRC about two months back.
uk-tier-1-entrepreneur-visas/evidence-o ... 38233.html

It appears you haven't still contacted HMRC and just want to know how long it takes to get the letter ?

The easiest way to find that out would be call HMRC - any reason why you haven't ?

Topics merged now!!

[JohnOhn]

I've now gotten through to HMRC and they confirmed it takes 14 days for a letter to arrive. Thanks everyone.

[10020132]

They say it takes 2 weeks but normally letter comes in post 3-4 working days

[JohnOhn]

They say it takes 2 weeks but normally letter comes in post 3-4 working days

Thanks for taking your time to get back to me. I appreciate the info!