Spousal VISA refused proving income on a self employed basis

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 11:19 am

Hi there,

I was wondering if I could get some advice before going to a solicitor with this. I am self employed and we recently received our refusal letter for my American husband's VISA based on the proof of my earnings. I am self employed and as this tax year has not passed I have no evidence of my earnings. During the previous tax year I was a full time student studying for my MA for a portion of it so my earnings are no enough for the threshold. However, now I earn far more than required. They have accepted a letter from one of my contractors, and I am short £2000. I work as a self emlpoyed actress and singing teacher. I have gathered back dated invoices for that amount and a letter from the studio I hire where I teach which amounts to £4000.

Is there anything else I can provide to cover my backs? Massive struggle with the self employment side.

Any help would be greatly appreciated.

x

bustednotch · Post by **bustednotch** » Tue Dec 18, 2012 11:25 am

Hi Claire26,

I'm in a similar situation as you. I'm a freelance musician and applied for my FLR(M) Unmarried Partner Visa (I'm Canadian) in July and am waiting to hear back any day now hopefully.

I used a solicitor with my application. I did my taxes, and I got letters from almost all of my employers confirming that they paid me and the date and stuff, I included invoices and also a break down of my yearly income, for each month I listed my income and how I was paid by who etc. My solicitor said that it was a strong application. We'll see soon!

Hopefully that might help, sorry I can't be of more assistance.

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 11:28 am

Ahhhh i'm not alone.

The problem lies if you don't have any previous self employment years to submit. I think the key is to simplify my earnings to just what I need for the application (even though I earn more) and then just provide as must info as possible.

Surely this should be easier and is a bit of a fault with their system?

bustednotch · Post by **bustednotch** » Tue Dec 18, 2012 11:37 am

Yes. Similarly I was a student before this past tax year so there isn't really anything else I could submit. Have you posted your details on the FLR(M) waiting times page? They are all getting organized into an excel spreadsheet so we can start making some statistics of our own.

Surely you can appeal it and win! I think you should get some advice from a good solicitor.

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 11:41 am

No sorry, can you let me know what this FLR is?

bustednotch · Post by **bustednotch** » Tue Dec 18, 2012 12:20 pm

It's the type of application. I'm only assuming that you applied for a spousal visa? In that case the form you applied was the FLR(M) form. If you follow this link
http://www.immigrationboards.com/viewto ... start=1660

You can let everyone know the day you applied, the day you got your acknowledgment letter, when you got your biometric invitation and when you submitted your biometrics and finally when you heard that your application was refused. It would be really helpful for all of us!

Thanks!

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 12:25 pm

Ah I see. Yes, husband was dealing with paper work so a little out of the loop on that side. Will add as much info as I know. Many thanks.

Post by **John** » Tue Dec 18, 2012 2:46 pm

The problem lies if you don't have any previous self employment years to submit.

But you are no doubt keeping accounts of your self-employment. So roughly what is your net profit of self-employment, and what period is that for? Start date of your business?

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 3:28 pm

Of course,

Rough net profit and basic income would be 20,000. Then I earn extra from other things but that is from my regular basic income.

I now have back dated invoices and another confirmation letter for the 2,000 which they stated in our refusal letter I was missing.

Post by **John** » Tue Dec 18, 2012 5:05 pm

What is the start date of your self-employment? In what period have you earned the amount you have mentioned?

Also have you notified HMRC that you are self-employed?

Claire26 · Post by **Claire26** » Tue Dec 18, 2012 5:25 pm

The date of my self employment dates back to 2007 with a study break which affected the previous 2 tax years.

The HMRC are aware of my self employment status and I have filed my own taxes for the past 5 years.

From January up until now (a calender year) I have evidence of earning £20,000.

I also have included disclaimers that state that this employment is intended for the future. So from april to april, I will have earned the same as january to now....if that makes sense. We obviously don't want to wait until then to re-apply so we are going to appeal.

Thank so much for reading and understanding. It's a great source of comfort.

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Spousal VISA refused proving income on a self employed basis

Spousal VISA refused proving income on a self employed basis