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lowest income is ZERO. Fiance visa.

1K views 6 replies 2 participants last post by  carolnasc 
#1 ·
Hello all,

First I might say that this forum is very useful and I'm very glad this exists ;)

I'm going to apply for a settlement visa (fiance) and I've got one question.

My sponsor is in a pro-rata job, and in 3 months he got paid NOTHING (he plays in a band and was on tour during this time). So, no work, no payment (he is a music teacher). So, If they look at his lowest income it will be ZERO.

BUT combining his pro-rata earnings in 12 months + self-emplyment (he is a private teacher as well) he meets the financial requirement.

So maybe would it be better if we apply only under category F?

Looking forward to hear from someone!
 
#2 ·
Yes, self-employment, but the trouble is that evidential requirement is so onerous that it will be difficult for him to get all the documents together. OK if he is a business owner with accountant and all that, but not if he is a sole trader with a simple accounting system:
9.6. Sole trader, partner or franchise – specified evidence 9.6.1.
The evidence required to demonstrate income from self-employment is specified in Appendix FM-SE: 7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise, all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years): (i) annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302). (c) Proof of registration with HMRC as self-employed if available. (d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). (f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. (g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions, or (where the person has reached state pension age) through alternative evidence (which may include, but is not confined to, evidence of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company). (h) One of the following documents must also be submitted: (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);
FM1.7 Section 9.
 
#3 ·
thank you very much, Joppa! you're right, onerous to get the document but glad we know now that he doesn't need to combine any category with F.

He only meet the financial requirement if he combines his pro-rata and self employment, but we've been in a eternal dilema about which category it should be. Now we know that is just category F (and tons of documents).

Thanks again!
 
#5 · (Edited)
Joppa, thanks once again! I just called him and he said that the school work is with a permanent contract for pro rata and tax PAYE. All the evidence is there in the visa submission

It's unsalaried employment and the point is it doesn't meet the financial requirement consistently each month (cat A requires the payslips show the minimum is met for each month, which it doesn't unless you combine with self employed earnings). Category F allows you to combine all sources of earning - self employed and unsalaried as viewed from a whole tax year. It doesn't matter then if the earnings are variable from month to month, as this is the nature or self-employed/multiple source income. All that matters is that for that tax year I meet the financial requirement and that there is evidence of ongoing earnings from all sources that annualises to the an amount that would meet the requirement when he submits returns for the next tax year.

That´s what we understood but you know... I´m not confident at all, we don´t know if we´re wrong or not :/
 
#6 ·
No, you are correct in your understanding. His school work is unsalaried employment, so they take the average over 6 month and annualise it. Added to his pre-tax profit in self employment during the same tax year, provided the total comes to at least £18,600, he meets the requirement.
 
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