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Renewing spouse visa but the sponsor is self-employeed

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flat21
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Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Wed Oct 26, 2022 11:01 pm

Back in 2019 i applied my wife for a spouse visa. The application was successful after meeting the requirements of £18,600 per annual as i recieved a small raise from my job. However 7 months ago my wife gave birth to a boy but being first time parents it was hard, specially for my wife being alone by herself during the day while i was away at work. On May (almost a month after the baby was born), i decided to quit my job to become a support role for my wife. I would earn enough through trading online and selling digital products on ebay/etsy and other platforms, my earnings varies between 1k to 2k per month however i have not yet declaired to HMRC that i am self employed, as i believed that the self assessment ended on 5 April 2022. I have 20k savings in my ISA which is untouched for many months now. Obviously i also dont have any payslips to show to Home Office.

So my question is, how would Home Office find our application for renewal in this case? Would it matter to them if i have yet to pay tax? Is there a posibility for them to denie our application for someone self employed like myself? I am honestly worried that my wife would end up being denied and be deported back to Philippines. :cry:

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Ticktack
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by Ticktack » Thu Oct 27, 2022 11:25 am

flat21 wrote:
Wed Oct 26, 2022 11:01 pm
Back in 2019 i applied my wife for a spouse visa. The application was successful after meeting the requirements of £18,600 per annual as i recieved a small raise from my job. However 7 months ago my wife gave birth to a boy but being first time parents it was hard, specially for my wife being alone by herself during the day while i was away at work. On May (almost a month after the baby was born), i decided to quit my job to become a support role for my wife. I would earn enough through trading online and selling digital products on ebay/etsy and other platforms, my earnings varies between 1k to 2k per month however i have not yet declaired to HMRC that i am self employed, as i believed that the self assessment ended on 5 April 2022. I have 20k savings in my ISA which is untouched for many months now. Obviously i also dont have any payslips to show to Home Office.

So my question is, how would Home Office find our application for renewal in this case? Would it matter to them if i have yet to pay tax? Is there a posibility for them to denie our application for someone self employed like myself? I am honestly worried that my wife would end up being denied and be deported back to Philippines. :cry:
No one is going to deport your wife. What might happen is that she would be put on the 10 years route if you don't meet the necessary requirements to stay on the 5 years route.

20k doesn't meet the savings requirement. You need a minimum income requirement of at least £18,600 or a cash savings requirement of at least £62,500 (or a combination of both).
No sin in failing, you just have to try and try again!

JB007
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Thu Oct 27, 2022 3:18 pm

The 10 year route is going to be very expensive: fees and the IHS (both of which can rise).

The £18,600 to sponsor is very low and easy to reach. If all you can earn is minimum wage (£9.50 per hour) you can work just under 38 hours a week to reach the £18,600. £9.50 x 38 = £361 x 52 = £18,772 pa

Joint earnings are counted. Your wife might like to get out and meet others at work for a few hours a week, while you babaysit.

If you make the requirerment, she will be on her last 2 and a half years to ILR.

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Re: Renewing spouse visa but the sponsor is self-employeed

Post by secret.simon » Thu Oct 27, 2022 6:19 pm

If you want to use savings in addition to earnings, the calculation to use is as follows.

Disregard the first £16,000 of savings.

Of the remaining savings (in your case, £4000), multiply by 0.4 (i.e. calculate 40% of the remaining amount of savings). In your case that would be £1600.

That is the amount by which you can earn below £18600 and still meet the requirement.

So, in your case, savings of £20000 + an annual salary of £17,000 would still (just) meet the requirement.

The advice above, for your wife to work for a few hours a week, is also an option that you could look at.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Fri Oct 28, 2022 12:58 pm

JB007 wrote:
Thu Oct 27, 2022 3:18 pm
The 10 year route is going to be very expensive: fees and the IHS (both of which can rise).

The £18,600 to sponsor is very low and easy to reach. If all you can earn is minimum wage (£9.50 per hour) you can work just under 38 hours a week to reach the £18,600. £9.50 x 38 = £361 x 52 = £18,772 pa

Joint earnings are counted. Your wife might like to get out and meet others at work for a few hours a week, while you babaysit.

If you make the requirerment, she will be on her last 2 and a half years to ILR.
Thanks, yes she went ahead and applied for a part-time job which pays £10 per hour for 6 hours a day.
I think we are sorted for most parts of finance.

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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Fri Oct 28, 2022 2:00 pm

flat21 wrote:
Fri Oct 28, 2022 12:58 pm

Thanks, yes she went ahead and applied for a part-time job which pays £10 per hour for 6 hours a day.
I think we are sorted for most parts of finance.
Well done her. It will good for her to meet other people and to have the satisfaction of earning her own money.

The self employment route seems to require a lot of documents. The employee route is easier. Others on here can explain.

When is her visa due for renewal?

flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Fri Oct 28, 2022 9:15 pm

JB007 wrote:
Fri Oct 28, 2022 2:00 pm
flat21 wrote:
Fri Oct 28, 2022 12:58 pm

Thanks, yes she went ahead and applied for a part-time job which pays £10 per hour for 6 hours a day.
I think we are sorted for most parts of finance.
Well done her. It will good for her to meet other people and to have the satisfaction of earning her own money.

The self employment route seems to require a lot of documents. The employee route is easier. Others on here can explain.

When is her visa due for renewal?
Her renewal is on April 2023.
few questions in regards under "Self-employment or Director oremployee of a specified limited company in the UK", i believe i fall for this category F. However i don't quiet understand the part "they can use income from the last full financial year to meet the financial requirement.".

IF i officially started working as self-employed (sole-trader) on Nov (2022), then renewed my wife's via application on April 2023, does this mean that i will not qualify on either Category F or G since i have just started by self-employment? Even if im earning 1.5k average before tax every month? Surely im mistaken right? As they also need to consider our situation as i had to quit my job due to having a baby, etc.

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flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Fri Oct 28, 2022 10:11 pm

flat21 wrote:
Fri Oct 28, 2022 9:15 pm
JB007 wrote:
Fri Oct 28, 2022 2:00 pm
flat21 wrote:
Fri Oct 28, 2022 12:58 pm

Thanks, yes she went ahead and applied for a part-time job which pays £10 per hour for 6 hours a day.
I think we are sorted for most parts of finance.
When is her visa due for renewal?
Her renewal is on April 2023.
Correction, Her newewal is June 2023

JB007
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Sun Oct 30, 2022 12:28 pm

flat21 wrote:
Fri Oct 28, 2022 9:15 pm
...this mean that i will not qualify on either Category F or G since i have just started by self-employment? Even if im earning 1.5k average before tax every month? Surely im mistaken right? As they also need to consider our situation as i had to quit my job due to having a baby, etc.
You did not have to quit your job because your wife had a baby. Normally, the father will take parental leave and then return to work. Babies are expensive.

Before parental leave came in, the husband had to use his holIday quota to spend a week with his new baby (if his employer allowed it).

JB007
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Sun Oct 30, 2022 1:08 pm

flat21 wrote:
Fri Oct 28, 2022 9:15 pm
IF i officially started working as self-employed (sole-trader) on Nov (2022), then renewed my wife's via application on April 2023, does this mean that i will not qualify on either Category F or G since i have just started by self-employment?
When did you start being self employed? Why are you making it November?
flat21 wrote:
Wed Oct 26, 2022 11:01 pm
On May (almost a month after the baby was born), i decided to quit my job to become a support role for my wife. I would earn enough through trading online and selling digital products on ebay/etsy and other platforms,

flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Sun Oct 30, 2022 3:32 pm

JB007 wrote:
Sun Oct 30, 2022 1:08 pm
flat21 wrote:
Fri Oct 28, 2022 9:15 pm
IF i officially started working as self-employed (sole-trader) on Nov (2022), then renewed my wife's via application on April 2023, does this mean that i will not qualify on either Category F or G since i have just started by self-employment?
When did you start being self employed? Why are you making it November?
flat21 wrote:
Wed Oct 26, 2022 11:01 pm
On May (almost a month after the baby was born), i decided to quit my job to become a support role for my wife. I would earn enough through trading online and selling digital products on ebay/etsy and other platforms,
My boss was not entirely the most generous, i was initally told that the company does not legally required to pay workers taking parental leave for father side but i was offered 2 weeks off. My wife was not happy so we both decided it is best to leave the company due to my stingy boss. Technically i started being self employeed during May but i was only earning below £1000 per month, although recently i have been earning a bit more and i am more confident to register myself as self employeed to HMRC. Roughly i am earning 2K per month.

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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Mon Oct 31, 2022 10:07 am

flat21 wrote:
Sun Oct 30, 2022 3:32 pm
recently i have been earning a bit more and i am more confident to register myself as self employeed to HMRC. Roughly i am earning 2K per month.
Others can advise you on whether you meet the requirements to sponsor using your SE. Although It seems you still have time to find a job to make the empolyee requirement and you have been advised on that requirement in your other thread.

Which welfare benefits are you claiming? Universal Credit?

flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Mon Oct 31, 2022 10:28 pm

JB007 wrote:
Mon Oct 31, 2022 10:07 am
flat21 wrote:
Sun Oct 30, 2022 3:32 pm
recently i have been earning a bit more and i am more confident to register myself as self employeed to HMRC. Roughly i am earning 2K per month.
Others can advise you on whether you meet the requirements to sponsor using your SE. Although It seems you still have time to find a job to make the empolyee requirement and you have been advised on that requirement in your other thread.

Which welfare benefits are you claiming? Universal Credit?
To be honest i have yet to claim any Universal credit or is planning to do it anytime soon. But once i have overcome this hurdle then i will look into claiming Universal credit.

JB007
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by JB007 » Tue Nov 01, 2022 11:39 am

flat21 wrote:
Mon Oct 31, 2022 10:28 pm
To be honest i have yet to claim any Universal credit or is planning to do it anytime soon. But once i have overcome this hurdle then i will look into claiming Universal credit.
Your savings are too high to claim Universal Credit. I was concerned that you were claiming UC and hadn't told the DWP about your savings. Government Departments share information and eventually the data matching from HMRC, would have shown the DWP that you had too much money to have been claiming UC, causing further problems for you.
flat21 wrote:
Wed Oct 26, 2022 11:01 pm
I have 20k savings in my ISA which is untouched for many months now.
Your income sounds low enough to claim Child Benefit, but make sure that is in your name as it is a publc fund.

flat21
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Re: Renewing spouse visa but the sponsor is self-employeed

Post by flat21 » Sat Nov 05, 2022 9:25 pm

JB007 wrote:
Tue Nov 01, 2022 11:39 am
flat21 wrote:
Mon Oct 31, 2022 10:28 pm
To be honest i have yet to claim any Universal credit or is planning to do it anytime soon. But once i have overcome this hurdle then i will look into claiming Universal credit.
Your savings are too high to claim Universal Credit.
flat21 wrote:
Wed Oct 26, 2022 11:01 pm
I have 20k savings in my ISA which is untouched for many months now.
Your income sounds low enough to claim Child Benefit
Thanks. I have already claimed Child Benefit a month after my baby was born.
Honestly my only concern is not meeting the requirements for my wife's renewal.
I made a mental plan; Plan A is to register for Self Assesment as Self employeed.
Plan B is to simply find a job than can cover the £18,600.
I am torn.

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