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Britwife_dan
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Spouse Visa Requirements

Post by Britwife_dan » Sat Mar 23, 2019 4:00 pm

Hi! I have been doing a lot of research regarding our issues but I still haven’t got the answers. I am hoping that anybody here can help me:

I am married with British citizen, he previously had his business but unfortunately it went dissolved just middle of 2017. Now he work as self employed (sole trader) since January 2018. My questions are:

1. Which category on self employed we could apply? F or G?
2. Can we combine his earnings from his non-defunct business to the sole trader earnings?
3. Which month can we apply for the spouse visa? Should we have to wait until the 2018/19 tax year ends before to apply? Or anytime we can apply the spouse visa?
4. If he starts earning as sole trader from January 1, 2018 can we supply documents from January 1,2018 up to Dec 31, 2018? Or does full financial year actually referring to Tax/Fiscal year which is runs from April 6 to April 6 the following year?
5. Can anyone confirm if he is considered as a sole trader (self employed)? My husband works in a limited company in the UK received earnings on weekly basis but no payslips just invoices. He pays his own tax end of the year. Is he a self employed or we can classified my husband job as non salaried employment?
6. Does tax return year has to be paid upon submitting spouse visa application?

Please, your advice will really appreciated 🙏🏻

Britwife_dan
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Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Sun Mar 24, 2019 6:11 am

Hi there! Can anyone guide us on our spouse visa application, we are planning to apply anytime this year. We had completed all the requirements needed except from the Financial Requirements part:

My husband is a British citizen, he previously had his business but unfortunately it went dissolved middle of 2017. Now he earns as self employed (sole trader) since January 2018. We've been in long distance marriage relationship for nearly 3 years and this scenario really killing us everyday. :cry: My husband source of income are bit complicated to understand. My husband works in a limited company in the UK received earnings on weekly basis but no payslips just invoices. He pays his own assessment tax January 31st. Is he a self employed sole trader or employee in a limited company? Is the requirements for sole trader and employee in a limited company are the same?

1. Is financial year refer exactly to Fiscal Tax year of tax return which is April 6 - April 5 the following year? Or being self employed (sole trader) can rely on his own financial year where he started business for example January 1, 2018 - December 31, 2018?
2. Can we combine his earnings from his non-defunct business to the current self employed earnings?
3. Should we have to wait until the 2018/19 tax year ends before to apply? Or anytime we can apply the spouse visa?
4. Does tax return year has to be settled upon submitting spouse visa application?
5. Upon submitting the requirements, do we need to include letter from the limited company he is working?
6. What are the exact requirements to be submitted for self employed?

We really confuse of all the requirements that we have to comply, Please, please your advice will really appreciated 🙏🏻 Thank you for taking time to read my post.

wahi66
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by wahi66 » Mon Mar 25, 2019 12:41 am

Britwife_dan wrote:
Sun Mar 24, 2019 6:11 am
Hi there! Can anyone guide us on our spouse visa application, we are planning to apply anytime this year. We had completed all the requirements needed except from the Financial Requirements part:

My husband is a British citizen, he previously had his business but unfortunately it went dissolved middle of 2017. Now he earns as self employed (sole trader) since January 2018. We've been in long distance marriage relationship for nearly 3 years and this scenario really killing us everyday. :cry: My husband source of income are bit complicated to understand. My husband works in a limited company in the UK received earnings on weekly basis but no payslips just invoices. He pays his own assessment tax January 31st. Is he a self employed sole trader or employee in a limited company? Is the requirements for sole trader and employee in a limited company are the same?

1. Is financial year refer exactly to Fiscal Tax year of tax return which is April 6 - April 5 the following year? Or being self employed (sole trader) can rely on his own financial year where he started business for example January 1, 2018 - December 31, 2018?

it goes from april to april and you have to stick to this.so until today now he must have done his first self employment for 2017/18.
you can apply based on this assessment along with company's account if he was getting wages or dividend from the company and both income is crossing the threshold.

2. Can we combine his earnings from his non-defunct business to the current self employed earnings?

yes and you ll have to submit additional documents relating to the company's last final accounts along with bank statements business and personal. accountant's letter etc.


3. Should we have to wait until the 2018/19 tax year ends before to apply? Or anytime we can apply the spouse visa?

you can apply anytime if he has enough evidence to satisfied his income through both sources.


4. Does tax return year has to be settled upon submitting spouse visa application?

not necessary but better to pay all dues.


5. Upon submitting the requirements, do we need to include letter from the limited company he is working?

self employment has nothing to do with weather you work for company or individual. no need but good as supporting evidence.

6. What are the exact requirements to be submitted for self employed?

please go through the guidance available for self employed by home office.

We really confuse of all the requirements that we have to comply, Please, please your advice will really appreciated 🙏🏻 Thank you for taking time to read my post.

Mojohnson
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Mojohnson » Mon Mar 25, 2019 5:51 am

Is he the director of the limited company himself ? And does he receive a salary from this company ?

Britwife_dan
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Mon Mar 25, 2019 6:01 am

Mojohnson wrote:
Mon Mar 25, 2019 5:51 am
Is he the director of the limited company himself ? And does he receive a salary from this company ?
Hi Mojohnson,

He was the director of the limited company that went dissolved middle of 2017. Right after that business dissolved he started working for another limited company as sole trader and receiving earnings on weekly basis.

Basically he is similar to subcontractor. As he is working for this limited company and this company send him to work to another limited company in the UK.

Britwife_dan
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Mon Mar 25, 2019 6:09 am

wahi66 wrote:
Mon Mar 25, 2019 12:41 am
Britwife_dan wrote:
Sun Mar 24, 2019 6:11 am
Hi there! Can anyone guide us on our spouse visa application, we are planning to apply anytime this year. We had completed all the requirements needed except from the Financial Requirements part:

My husband is a British citizen, he previously had his business but unfortunately it went dissolved middle of 2017. Now he earns as self employed (sole trader) since January 2018. We've been in long distance marriage relationship for nearly 3 years and this scenario really killing us everyday. :cry: My husband source of income are bit complicated to understand. My husband works in a limited company in the UK received earnings on weekly basis but no payslips just invoices. He pays his own assessment tax January 31st. Is he a self employed sole trader or employee in a limited company? Is the requirements for sole trader and employee in a limited company are the same?

1. Is financial year refer exactly to Fiscal Tax year of tax return which is April 6 - April 5 the following year? Or being self employed (sole trader) can rely on his own financial year where he started business for example January 1, 2018 - December 31, 2018?

it goes from april to april and you have to stick to this.so until today now he must have done his first self employment for 2017/18.
you can apply based on this assessment along with company's account if he was getting wages or dividend from the company and both income is crossing the threshold.

2. Can we combine his earnings from his non-defunct business to the current self employed earnings?

yes and you ll have to submit additional documents relating to the company's last final accounts along with bank statements business and personal. accountant's letter etc.


3. Should we have to wait until the 2018/19 tax year ends before to apply? Or anytime we can apply the spouse visa?

you can apply anytime if he has enough evidence to satisfied his income through both sources.


4. Does tax return year has to be settled upon submitting spouse visa application?

not necessary but better to pay all dues.


5. Upon submitting the requirements, do we need to include letter from the limited company he is working?

self employment has nothing to do with weather you work for company or individual. no need but good as supporting evidence.

6. What are the exact requirements to be submitted for self employed?

please go through the guidance available for self employed by home office.

We really confuse of all the requirements that we have to comply, Please, please your advice will really appreciated 🙏🏻 Thank you for taking time to read my post.
Hi Wahii66

Thank you for your answers.

We had to delay the submission of the application as I was told that the income from being director of the non-defunct business cannot be combined with his current earnings as self-employed sole trader despite falling under the same UK fiscal year. :shock:

So basically as long as the earnings (whether director of the limited company and/or sole trader) is under the same fiscal tax year that recently ended (business still working or not) I can apply my spouse visa anytime knowing that all requirements needed for self employed are available?

wahi66
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by wahi66 » Mon Mar 25, 2019 9:34 am

YES because in his self employment 2017/18 he must have declare the full income from all the sources. i don't know who told that income does not count if business failed. :idea:

Britwife_dan
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Mon Mar 25, 2019 9:44 am

wahi66 wrote:
Mon Mar 25, 2019 9:34 am
YES because in his self employment 2017/18 he must have declare the full income from all the sources. i don't know who told that income does not count if business failed. :idea:
Oh this is really a big positive views in our case thanks to you Wahii66 as I was really felt bad upon hearing that once the business dissolved it cannot be combined with my husband’s current earnings.

In connection with my visa application queries since I am working overseas does it really require to apply the spouse visa in my home origin? As I am currently working for 7years out of country. Can I make the TB test where I am currently living and submit the TB certificate where I will do the visa application (in my home country of origin)?

Thank you for your clear advise 🙂

wahi66
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by wahi66 » Mon Mar 25, 2019 11:34 pm

Britwife_dan wrote:
Mon Mar 25, 2019 9:44 am
wahi66 wrote:
Mon Mar 25, 2019 9:34 am
YES because in his self employment 2017/18 he must have declare the full income from all the sources. i don't know who told that income does not count if business failed. :idea:
Oh this is really a big positive views in our case thanks to you Wahii66 as I was really felt bad upon hearing that once the business dissolved it cannot be combined with my husband’s current earnings.

you can use that income by all means.

In connection with my visa application queries since I am working overseas does it really require to apply the spouse visa in my home origin? As I am currently working for 7years out of country. Can I make the TB test where I am currently living and submit the TB certificate where I will do the visa application (in my home country of origin)?

I think its better to do it from home country but I am not really 100% sure about this.
what is your home country? and which country are you currently working? what legal status you got in the country where you working?


Thank you for your clear advise 🙂

Britwife_dan
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Tue Mar 26, 2019 6:37 am

I think its better to do it from home country but I am not really 100% sure about this.
what is your home country? and which country are you currently working? what legal status you got in the country where you working?


My home country is in Philippines and I am currently living in the UAE for almost 2 years under work visa.
Total of 7 years been out of my home origin (5years in Africa)

Britwife_dan
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Re: Spouse Visa Financial requirements - Self Employed/Sole Trader or Employee in a Limited Company Help Please

Post by Britwife_dan » Tue Mar 26, 2019 7:24 am

And also if we can combine my husband earnings from his non-defunct business to his current sole trader earnings does it mean we have to provide all the related documents or proof of his business such as business registration to HMRC or companies house records, or any records to prove when he was still operating his own business ? or just the bank statement before the business dissolved within the current tax year?

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which category in SELF EMPLOYED??

Post by Britwife_dan » Tue Mar 26, 2019 11:03 am

Hi everyone,

Can anyone please assist on which category we can choose to fit in our earnings from self employed. As we are planning to apply for my spouse visa in the next two-three months. (my husband getting paid on weekly basis)

Director of limited company: April 6, 2017 - April 5, 2018 (2017/18) = 52 weeks total earnings
April 6, 2018 - Sept 2018 (2018/19) = 6 months (25 weeks total earnings)

Sole Trader: October 2018 - Nov 2018 (2018/19) = 2 months (8 weeks total earnings)
Jan 2019 - April 5, 2019 (2018/19) = 3 months (14 weeks total earnings)

Can we fit in for Category G (two financial year) to combine 2017/18 + 2018/19 tax year earnings?

As per the date of earnings if we will only use the 2018/19 tax year (category F) it is only total of 11 months (47 weeks to be exact) as Dec 2018 no earnings as my husband was on out of the country holiday.

Is it okay to submit though they are asking for 12 months bank statement (52 weeks) same as the tax return?

Can I only use the 2017/18 tax return to apply in the next two-three months, or it is irrelevant to submit?

Thanks. Sorry really just confuse about our situation.

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Re: which category in SELF EMPLOYED??

Post by CR001 » Tue Mar 26, 2019 11:14 am

Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Britwife_dan
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Home Origin or Current Work Residence?

Post by Britwife_dan » Tue Apr 02, 2019 12:05 pm

Hello there!

Please can anyone advise me on this,

1. I am working overseas for more than 2 years with valid residence working permit, then when I called the British embassy (visa section) where I am currently working they told me to apply from my home origin but when I called the Embassy from my home origin they said I can apply from the country where I am currently residing but it will take bit more time for verification as they still have to forward all my papers to my home origin and when I phone them again just to confirmed they said it will be recommended to do it from my home origin. So now I am totally confuse really confuse :? Does it really needed for me to fly back to my home country of origin just to submit my visa application or I can do it where I am currently living? Please can anyone advise and confirmed as this will help me save 1000gbp for the plane ticket. As I am planning to permanently leave work only until if my visa will be granted.

2. Is negative Tuberculosis test certificate issued from other country can be accepted as part of visa application? Or it has to be done from your home country origin as well? Because if visa application has to be done from the home origin I am planning to take short work leave just to submit my application avail the keeping my passport services and fly back to my work overseas, so I will have no time to do TB test from my home origin but instead take my TB test certificate where I am currently living. Will this plan can affect my visa application??

Thank you

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Re: which category in SELF EMPLOYED??

Post by CR001 » Tue Apr 02, 2019 12:08 pm

CR001 wrote:
Tue Mar 26, 2019 11:14 am
Topics Merged (click)
Please do click on the link to read the forum rules about Multiple topics!!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Home Origin or Current Work Residence?

Post by CR001 » Tue Apr 02, 2019 12:10 pm

Britwife_dan wrote:
Tue Apr 02, 2019 12:05 pm
Hello there!

Please can anyone advise me on this,

1. I am working overseas for more than 2 years with valid residence working permit, then when I called the British embassy (visa section) where I am currently working they told me to apply from my home origin but when I called the Embassy from my home origin they said I can apply from the country where I am currently residing but it will take bit more time for verification as they still have to forward all my papers to my home origin and when I phone them again just to confirmed they said it will be recommended to do it from my home origin. So now I am totally confuse really confuse :? Does it really needed for me to fly back to my home country of origin just to submit my visa application or I can do it where I am currently living? Please can anyone advise and confirmed as this will help me save 1000gbp for the plane ticket. As I am planning to permanently leave work only until if my visa will be granted.

2. Is negative Tuberculosis test certificate issued from other country can be accepted as part of visa application? Or it has to be done from your home country origin as well? Because if visa application has to be done from the home origin I am planning to take short work leave just to submit my application avail the keeping my passport services and fly back to my work overseas, so I will have no time to do TB test from my home origin but instead take my TB test certificate where I am currently living. Will this plan can affect my visa application??

Thank you
You can apply from any country you are resident in with a valid visa and not as a tourist.

Documents are sent to Sheffield.

You need a CURRENT valid TB certificate from an HO approved test provider, presumably where you live is fine given you have been there for 2 years.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Britwife_dan
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Re: which category in SELF EMPLOYED??

Post by Britwife_dan » Tue Apr 02, 2019 12:16 pm

CR001 wrote:
Tue Apr 02, 2019 12:08 pm
CR001 wrote:
Tue Mar 26, 2019 11:14 am
Topics Merged (click)
Please do click on the link to read the forum rules about Multiple topics!!!
My sincerely apologies for doing this I am a newbie here. Thanks for your kind understanding :)

Britwife_dan
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Re: Home Origin or Current Work Residence?

Post by Britwife_dan » Tue Apr 02, 2019 12:27 pm

[/quote]
You can apply from any country you are resident in with a valid visa and not as a tourist.

Documents are sent to Sheffield.

You need a CURRENT valid TB certificate from an HO approved test provider, presumably where you live is fine given you have been there for 2 years.
[/quote]

Thank you. I am just worried that they might not accept my application to take my bio metrics where I am currently residing as they told me to do it in my home origin.

In addition, I will be traveling to UK on visit visa end of next month, Can I bring all of my spouse visa supporting documents with me to hand over to my husband in the UK? So he will be the one to submit my application to Sheffield? Or I have to bring my supporting documents first to the visa center before submitting to Sheffield? As we are planning to submit the spouse visa application by August 2019.

Thanks!

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Re: Home Origin or Current Work Residence?

Post by CR001 » Tue Apr 02, 2019 12:34 pm

Thank you. I am just worried that they might not accept my application to take my bio metrics where I am currently residing as they told me to do it in my home origin.
You are not applying directly to the Embassy though. You are applying through VFS who forward the applications to the UK.
In addition, I will be traveling to UK on visit visa end of next month, Can I bring all of my spouse visa supporting documents with me to hand over to my husband in the UK? So he will be the one to submit my application to Sheffield? Or I have to bring my supporting documents first to the visa center before submitting to Sheffield? As we are planning to submit the spouse visa application by August 2019.
Your supporting documents cannot be older than 28 days at the time of applying. What documents exactly did you want to bring?? You need to follow the process for the visa when you start the online form. Where you apply from depends on what happens or where the supporting documents go.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Britwife_dan
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Re: Home Origin or Current Work Residence?

Post by Britwife_dan » Tue Apr 02, 2019 1:17 pm

CR001 wrote:
Tue Apr 02, 2019 12:34 pm
Thank you. I am just worried that they might not accept my application to take my bio metrics where I am currently residing as they told me to do it in my home origin.
You are not applying directly to the Embassy though. You are applying through VFS who forward the applications to the UK.
In addition, I will be traveling to UK on visit visa end of next month, Can I bring all of my spouse visa supporting documents with me to hand over to my husband in the UK? So he will be the one to submit my application to Sheffield? Or I have to bring my supporting documents first to the visa center before submitting to Sheffield? As we are planning to submit the spouse visa application by August 2019.
Your supporting documents cannot be older than 28 days at the time of applying. What documents exactly did you want to bring?? You need to follow the process for the visa when you start the online form. Where you apply from depends on what happens or where the supporting documents go.
I would like to bring the following:
1. Photocopy of my valid passport all pages (new and expired)
2. IELTS Life Skill Certificate
3. Applicant's cover letter
4. Marriage certificate copy
5. Birth certificate of the applicant (original and copy)
6. Photo collage being together
7. Wedding photos
8. Chat and call logs from the start of relationship
9. Printout of other relationship proof
10. Appendix II Financial Requirement Form
11. TB Certificate (if I can get the result before end of next month)
12. Applicant's Employment contract

Or better to bring it with me first at the visa center then send it through courier after my biometrics taken?

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Re: Home Origin or Current Work Residence?

Post by Britwife_dan » Wed Apr 24, 2019 12:14 pm

Hello!

I badly needed your assistance in my case. Bit complicated but I hope somebody can understand what I am going through,

Due to internal company issue of were I am currently working in UAE for the last 2 years, all of us will be sent back to Africa (Khartoum) in the next 2 months (I do have open and valid residence permit in Africa even we were assigned in UAE) so technically I have two valid residence work permit for the last few years. As my company have two establishments and I was assigned to look after UAE and Khartoum company every after 6 months. But this time UAE branch will be permanently closing down so all employees will be sent back to Khartoum.

Now with regards to my spouse visa application, I was planning to submit the visa application by June 2019 in UAE but unfortunately due to internal company issue I have to submit my application in Khartoum now instead in UAE. My question is if this will be the case does my supporting documents has to be submitted in Sheffield or in South Africa? As upon doing some research they said all application made in Africa must be submitted in South Africa? Is this true?

As like what I have mentioned earlier I am about to travel to UK end of this month on Visit visa, can anyone confirmed if it will be irrelevant for me to take all the original files to hand over to my husband in the UK so he can send by himself to Sheffield or all supporting documents from Africa has to go to South Africa?

Does the TB test certificate completed in UAE can be used as supporting documents to be sent even the application will be made in Khartoum?

Now my confusion level are really over now really don't know what to do, please can anyone advise in my case please,

appreciate your time taking through my issues.

thank you

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