Husband just made redundant before application!?

[Hellofreckles]

Hi, we just found out my husbands place of work xxxxxx has closed and he’s now been made redundant, we were planning on applying for spousal visa in April/May (I’m currently on a tier 5). His job he was earning enough to meet the financial requirements. We thought we were finally in the clear now this. His best option to secure work ASAP is to go self employed back into joinery, will this affect my application? Can he combine his self employed earnings of a few months with the past 12 months at his previous job at xxxxxx? What documents do we need to provide?

Will it affect things being self employed?

My current visa runs out in September so we don’t have time.

Any help or suggestions!? I’m so at a loss as to what to do or how any of this works.

[seagul]

No you cannot combine self employment with employment. If you are working and earning sufficiently then use your income to meet the financial requirement.

[Hellofreckles]

I’m not working I lived off my little savings and he was the bread winner.

Could he be in another job earning the 18,600 (not self employed) and combine the past 12 months instead? Would that work?

Our whole world has shattered in a day. Do you or anyone have any tips on how to go about getting back to him as soon as possible if I have to return to Australia? I have no skilled qualifications.

[Hellofreckles]

I’ve been trying to find work just recently, but even if I actually got a job now it wouldn’t make a difference as I wouldn’t have the 6 months payslips required, correct?

[seagul]

I’ve been trying to find work just recently, but even if I actually got a job now it wouldn’t make a difference as I wouldn’t have the 6 months payslips required, correct?

If you get job then can combine it with your partner's previous income to qualify under category B. In that case you need to attach his previous 12 months payslips & bank statements along with yours.

[rmkirfan]

No you cannot combine self employment with employment. If you are working and earning sufficiently then use your income to meet the financial requirement.

Can you fwd homeoffice link to say we cannot combine self employment and employment please, As I could not find this restriction. I believe If you have recent self employment and left permanent job, you can still mix. Ref Appendix 2, part 3C cat F, and part 3D, cat C both applicable and provide full details in part 5.

[Hellofreckles]

Hey, I’m sorry to bother you but where can I find this cat f and cat c?
My husband would be working as joiner, could you in anyway point me in the direction of what documents he would need for self employment or to register or whatever?

I’m not from the uk so I’m not aware of the requirements and googling I don’t understand, and my husband has been told by his fellow joiners that he just needs to put aside money each pay for his tax. But this just can’t be right and he doesn’t know, I want to make sure it’s done properly and we are able to provide all documents required when we apply.

[CR001]

You should read Appendix 1.7.

[rmkirfan]

No you cannot combine self employment with employment. If you are working and earning sufficiently then use your income to meet the financial requirement.

Can you fwd homeoffice link to say we cannot combine self employment and employment please, As I could not find this restriction. I believe If you have recent self employment and left permanent job, you can still mix. Ref Appendix 2, part 3C cat F, and part 3D, cat C both applicable and provide full details in part 5.

Ref Appendix2, 3.63 confirms " If the total income from non-employment sources(includes dividends or shares) is taken together with your sponsors income from employment (part 3A or 3B and /or 3C) does this meet or exceed the financial requirement you must meet." So you can combine self employment and employment in 12 months.

[Hellofreckles]

Thank you for the time you’re spending with me and provideling the information.

So if he were to start working now as self employed it would be okay? His job that he just lost he was on around 23,000 and if he started working self employed he’d be making around 23/24,000 a year.
Could the fact that it’s almost the end of the financial year be a problem though?

[rmkirfan]

I can't see any problem, your accountant shall provide dividend vouchers or payslips , which you can add to your previous employment.

[Hellofreckles]

Ah thank you, I’d hug you if I could your knowledge is so appreciated! We know an accountant through a friend so we’ll get in touch with them ASAP, is there anything else you think would be important to ask them to ensure it would all be acceptable?

[rmkirfan]

You should read Appendix 1.7 before you see accountant, for further documents as per your situation.

[wahi66]

you can also register as self employed in back dates for example started trading from november and december last year while registering. 5 April is the year end and then you can submit the self assessment of 2018/19 which can support your application with the latest figures.

secondly start a new business, open a company and put yourself and your husband as a employee and get paid though wages and dividend.

[asingh42]

Thank you for the time you’re spending with me and provideling the information.

So if he were to start working now as self employed it would be okay? His job that he just lost he was on around 23,000 and if he started working self employed he’d be making around 23/24,000 a year.
Could the fact that it’s almost the end of the financial year be a problem though?

I am an accountant so let me try help you best I can.

The self assessment process is that you commence working and register yourself under self-employed using the form CWF. HMRC will issue you a UTR which is a unique tax reference for the purposes of filing your tax return. Any income you generate through self-employment should be deposited into a bank account as to provide evidence to HO that the income being declared is indeed earned and not just declared.

The employment income that has been earned till now is also declared under self assessment so the profits from self-employment and employment income is both shown in a self assessment. Now the issue here is that a tax year is coming to an end on 5th April 2019 so a tax return for 2018/19 will be filed by the 31st January containing all income between 6th April 2018 to 5th April 2019.

However, you will be scrutinised by HO for the fact that your husband would have worked as self-employed for only few days in the 2018/19 tax return.

The best possible solution to your problem is that your husband finds a job that is fixed for at least 12 months at the level of minimum £18,600. Then when you decide to make an application, look back from that date 12 months and see your average income of 12 months meets the minimum requirement. However, you need to be aware if your husband was in a salaried employment then the HO will use the lowest in those 12 months to calculate the 12 months average.

So the requirement under category B is met through 1. At the date of application having gross annual salary of £18600. 2. In the 12 months prior to the date of application having an average salary of £18,600.

You can also combine any saving above £16000 that has been under your possession for 6 months at the date of application. You need to divide anything above 16000 by 2.5 and that figure can be added onto the annual gross from employment.

I applied for my wife only just last year under Category B and we got the visa.

If I can be of any more help please feel free to ask.

[asingh42]

Thank you for the time you’re spending with me and provideling the information.

So if he were to start working now as self employed it would be okay? His job that he just lost he was on around 23,000 and if he started working self employed he’d be making around 23/24,000 a year.
Could the fact that it’s almost the end of the financial year be a problem though?

I did some calculation and according to your 23,000 figure I am assuming he got paid £1916 a month gross salary. If I were to assume he stoped working on 28th Feb 2019 then your Husband can find a job by end of April 2019 and you can apply on 1 June 2019 with the May 2019 payslip of atleast £1550 gross a month. So 12 months prior to that would be June 2018 and total income from June 2018 to May 2019 would be £18794 annual gross equivlant. Also at the time of application your husband is also in employment at the minimum £18,600 gross annual equivlant. So both requirements under category B will be met.

Please bare my calculations are based on assumptiond and you should update and recalculate according to what is shown on his payslips.

Jun-18 1916
Jul-18 1916
Aug-18 1916
Sep-18 1916
Oct-18 1916
Nov-18 1916
Dec-18 1916
Jan-19 1916
Feb-19 1916
Mar-19 0
Apr-19 0
May-19 1550

[seagul]

profits from self-employment and employment income is both shown in a self assessment.

What profits from employment income are you referring? Who and how profit can be generated from employment income?

[asingh42]

profits from self-employment and employment income is both shown in a self assessment.

What profits from employment income are you referring? Who and how profit can be generated from employment income?

What I meant was profits from self employment and also income from employment are both declared under self assesment.