PEO and self employment of Spouse

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PEO and self employment of Spouse


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Old 16th January 2013, 01:10 PM
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Default PEO and self employment of Spouse

Hi Again,

Woot! i just managed to get a PEO appointment. Thing is it's only 4 days before my current LTR expires which is worrying me.

I've noticed that on the UKBA website for the Cardiff PEO it states that:

Tier 1 General or SET (O) applications relying on self employed earnings, directors dividends or salaries from a limited company of which they are a sole director, are highly likely to be complex and will not receive a same day decision with the PEO. If customers choose to proceed with these applications then the case will be referred to a specialised team outside of the PEO and although these applications will be prioritised for processing, we will be unable to provide a specific date that customer can expect to receive an outcome.

Now we will be relying on my husband self employed and salary earnings (about 50/50). I know that this notice says nothing self employment of a sponsor for FLR (M). But I'm confused and would like to field you guys some questions:

Does self employment make a case complex?

Has anyone ever turned up for their PEO and been told their application was to complex for reasons outside of the obvious (overstay, convictions, etc..)

Has anyone done or Is anyone in the process of preparing for a PEO based on their Partner's self employment? Issues, would love to talk to someone in a similar situation.


many thanks

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Old 16th January 2013, 04:42 PM
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anyone have ideas? I'm getting worried.

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Old 16th January 2013, 04:49 PM
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Many, many, many people applying for the spouse visa, and for ILR, who have a self employed UK sponsor, apply in person.
I've never heard of 'being self employed' making it any less straight forward than being employed by a company.
My friend and her hubby are both self employed and they just did an in person ILR, without any problems at all.
My hubby is self employed, and so am I, and we are going to be doing ILR in person in a few months time.

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Old 16th January 2013, 05:01 PM
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It really shouldn't be a problem I know. I've just recently noticed it on their site as well as another (I suppose smaller) PEO branch. It freaked me out. Perhaps they are just trying make preemptive allowances for delays.
We have self employed as sole trader documentation (except for the "proof of registration with HMRC" thing which actually doesn't exist as a single document and can be evidenced by the return or his tax ref number. he's just filed so hopefully we get a paper SA300 back, otherwise we'll have to use printed.
all this in addition to salaried employer docs from the same tax year.

Is your ILR going to be your first app as self-employed? Will let you know how it goes, though i suppose our applications will be pretty different.

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Old 16th January 2013, 05:14 PM
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We did 3rd party support (old rules) for my spouse visa, just because it was easier for us at the time. The lawyer told us to do it that way. So, we did it that way. I have no idea why it was easier.
So, yes this is the first one we will be doing as self employed.
As for the "proof of registration with HMRC" thing, I phoned them and just asked them for some sort of "proof of self employment registration with HMRC" thing, and they mailed us a letter saying how long he was registered with them as self employed. We told them it was for our visa, and they seemed to know what we were talking about.
We asked for it and got it in the mail like 4 business days later.
But they mentioned that it was evident from the actual tax return, as you mentioned.
We are Old Rules and I don't think that that document is not requested under the old rules, but we asked for it, just in case.

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Old 16th January 2013, 05:31 PM
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Quote:
Originally Posted by LaraMascara View Post
We did 3rd party support (old rules) for my spouse visa, just because it was easier for us at the time. The lawyer told us to do it that way. So, we did it that way. I have no idea why it was easier.
So, yes this is the first one we will be doing as self employed.
As for the "proof of registration with HMRC" thing, I phoned them and just asked them for some sort of "proof of self employment registration with HMRC" thing, and they mailed us a letter saying how long he was registered with them as self employed. We told them it was for our visa, and they seemed to know what we were talking about.
We asked for it and got it in the mail like 4 business days later.
But they mentioned that it was evident from the actual tax return, as you mentioned.
We are Old Rules and I don't think that that document is not requested under the old rules, but we asked for it, just in case.
4 days! wow. My Husband spoke to them a while ago and they were not so receptive. We will try again and suggest a letter similar to what you have. Did you have to do audited or unaudited accounts? You're lucky to be under the old rules. If I'd have known this was all coming we would have done things differently.

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Old 16th January 2013, 05:38 PM
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We did not have audited accounts - My hubby does his own taxes. Under the old rules that was/is allowed.
(Maybe that was why the lawyer wanted to do 3rd party support? No idea. But it was not a 'rule' then!)

We called HMRC at 9am on a Wed, and got the letter on the following Tuesday - but that was NOT in Jan, when taxes are due, and they are swamped with calls. I remember how long (short) it was between the call and getting the letter, because I was totally stunned by how fast we got it.

It is just a letter saying he has been registered as self employed since X date.

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Old 16th January 2013, 06:41 PM
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I think this is one of those situations where we need to see some results coming through from people applying for same-day PEOs via the self-employment categories F and G.

The guidance quoted is only referring to two specific visas; if it applied to all cases, I would have thought there wouldn't have been any need to single these two (unrelated) visas out from the rest.

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Old 16th January 2013, 06:51 PM
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Agreed, and i know i'm freaking out a bit. It seems like this is the case specifically for those two types of applications at Cardiff PEO.

BUT! check this out: from UKBA : "Please note, PEO Glasgow can not currently take any applications which rely in full or in part on self employed earnings."

( on this page: UK Border Agency | Premium service for applications in the UK)

So someone could make an appointment and then find this out?

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Old 16th January 2013, 08:08 PM
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I just looked at the list of PEO offices and, as is typical, none of them list any telephone numbers now (they used to - and suggested calls for anyone for example who is disabled and needed to check about facilities and accessibility).

In that link, the word currently suggests this might only be a temporary blip for Glasgow. I remember when we were going through our first PEO, those who were trying to book for Glasgow were finding that the waiting length was twice as long as it was for us at the Solihull PEO so maybe they're just not staffed for complex applications at the moment. All I can offer is that, if your PEO isn't named, then it should take self-employment applications too.

Does your confirmation email by some miracle offer a telephone number? If so, you could try calling to confirm.


Last edited by 2farapart; 16th January 2013 at 08:10 PM.
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