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Discussion Starter · #1 ·
Hello,

I am a U.S. Citizen and my fiancé is a UK citizen. I am applying for a UK fiancé visa in September 2015 but I am having trouble understanding the rules to meet the financial requirements.

Our circumstances are a little bit unusual because we both currently work onboard a cruise ship. So his main income to meet the requirement would be his overseas salary we receive onboard . From September of last year to September of 2015( when we will file the application) he only worked about 9 of those months (two separate contracts, but both for the same company) and his total income does not quite meet the requirement.

He does however make extra money writing music for a few different UK agencies and could use that money earned to supplement the difference. There are about 6 different jobs he has done with different companies . Would each one of these be considered "self employment" and if so what documents do we send to verify this income other than a pay receipt and bank statement. They were all one time sources of income so there is no contract or letter of employment and since those jobs are not his main source of income it isnt enough for him to have paid taxes on them. Any help understanding this is appreciated!! Thank you so much!!!


Megan
 

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I dont know how to answer this, but I'll bump it for you.
Hope someone can shed some light for you.
 
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It will be difficult to evidence his self-employment earnings, as evidential requirement is very extensive. He needs a year's account, statement of tax (or that he has declared them on tax return), certification by an accountant and a lot else besides. Full list in Section 9 of FM1.7 guidance.
 

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Discussion Starter · #4 ·
Thanks for your replies!

So he doesn't have ANY sort of tax return or tax related paperwork, because we have been working overseas for the last year, and the money that he did earn from UK companies wasn't enough to have to pay any sort of tax.

He does have pay slips from each of these jobs he has done and if needed can get letters from each individual employer stated the work that he did. Also his bank statements showing the deposited amount from the pay receipts to match. Will all this be enough or is there anything else that we would need to include?

All of this income he receives from music agencies collectively does turn out to be enough to meet the over the needed financial requirement , and is basically a second job for him. Without it , as a musician, he doesn't come very close to meeting the requirement. And I don't know if he ever would unless he changed professions..

Thank you so much for any help you can give. We are out at sea and the internet is slow and expensive, but we are trying to figure out as much as we can, because we plan to get married in November and don't get off the ship until September.

Thank you, thank you!!
 

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Discussion Starter · #6 ·
Thanks Joppa! I had a look at the list and the only issue I am having is that his income is not self employment , he isn't registered as self employed. The extra income he earns is considered "casual income" because it doesn't meet the threshold to be taxable. I found another post that you replied to on this forum with someone asking about casual income and you had replied saying , that pay slips anotherand a letter from the employer would be enough, and just to make sure the letter from the employer had all the required information stated in appendix 1.7.

So with all that said.. Hopefully this response applies to our situation as well? My only other in that case would be , that it says on the appendix for required info in the employment letter to state "gross annual salary". He doesn't really have a salary with
 

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Discussion Starter · #7 ·
( sorry the last message sent without finishing.. Here is the rest)

...companies. Because it is all temporary and casual.

Just to clear things up though... We are hoping to meet the requirement using both his salaried income from the cruise line ( two separate contracts, with a break in between) and this casual income. We could find no wording of casual income in the appendix so I am hoping this sort of income is OK to use.

Again , thank youbsonmucb for your time and help with all this. We appreciate it so much !!!
 

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Discussion Starter · #8 ·
I also apologize for the double posting and all the typos in the posts, it's pouring rain in Norway today so the wifi is a bit shaky! 😐
 

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Casual income is still self-employment, as you aren't working for an employer under job contract (whether one is issued or not). That's why people try to get a job as employee to meet the financial requirement, as evidential requirement for self-employment is so onerous.
 

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Discussion Starter · #10 ·
Got it, thank you!

So looking at the pages you referenced, listing specific evidence.. most of the evidence seems tax or VAT related. If he doesn't have any of that is it ok? He has not payed tax on any of this income, or registered as self employed because he doesn't make enough to do that.

Would it be enough to just include the following:

1. Letter from employer/agency saying he was contracted to work a job, listing how much he got payed and what for.
2. Pay slips showing amount payed.
3. Bank statements showing deposited amount into his bank account.

Items B, C, D, and E, all do not apply to him because he doesn't pay tax, will they understand this or will it not be ok?

(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).

And as for item G on the list , I am a bit lost...

(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).

???

also letter H:

(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);
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a
copy or print-out) confirming the VAT registration number, if turnover is in excess of
£79,000 or was in excess of the threshold which applied during the last full financial
year;
(iii) Evidence to show appropriate planning permission or local planning authority
consent is held to operate the type/class of business at the trading address (where this
is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is
a franchise.

Does this mean we need to have an accountant look at his finance and confirm all the payments?

Sorry , I really am trying to understand, its just a lot to figure out. Thank you for any help you can give and for all you have done so far!!

Megan
 

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Discussion Starter · #11 ·
Also one more question, since this is all under the self employment umbrella now, does all of this information need to be from the last full FINANCIAL year, instead of calendar year? If so would the salaried income be financial year as well now, or would that just stay as calendar year?

If one or both of these do need to be the financial year, we are filing the application at beginning of September so would that be April 2014-April 2015?

Thanks again !!
 

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Yes, from the last financial year, usually April to April but not necessarily so.
 

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Discussion Starter · #13 ·
So is it the last full financial year for just the self employment income, or both the self employment and the salaried???

Also, do you have any insight on the other questions, regarding letters G and H ??? :)

Thank you!!
 

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Both.
You just need to find the closest equivalent documents as you work overseas.
 

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Discussion Starter · #15 ·
Ok thank you!!!

For the "self-employment" income, since it is UK based companies, does he need to be registered self employed??

If so can we register now and still use the payments from last financial year?
 

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Discussion Starter · #16 ·
Ok so he has gone ahead and registered with HRMC... I have no idea how long this will take and what to do after he is registered.

I'm assuming he will file his tax return for last year. But hopefully he won't have to owe anything, because if he has to pay taxes on that money ( about £9000) it won't be enough to meet the requirement combined with his salaried income anymore ! But I don't think he will have to because he is under the £10600 threshold.

Can anybody verify this? :)
 

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Discussion Starter · #18 ·
Sorry to bother you again Joppa, but I just have one more question on this subject.

Do you think it would make more sense for us to apply just using Category F to meet the financial requirement , as opposed to categories B and F?

The “salaried employment” he earns from the cruise ship could technically be considered “self employment” as well because it is only for 6 months at a time, and contractual. Each contract is six months, and for the financial year we are using he only has one in there. So he does not really have a gross annual income, because he would never work a full year.

I don’t know if this would be simpler for us to do, please let me know what you think. I of course am still going to consult an accountant, as per your recommendation, but I thought it would be helpful to know what you thought as well, being that you are familiar with requirement.

Thanks so much again for all your help!
 
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