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Thread: Self Employment & Cash Savings - last financial years income - can she apply now?

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  1. #1
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    Thanks for the reply. This evening I have printed off the documents and read them carefully. It certainly makes it easier reading a print out rather than from a screen.

    The mistake I made was not to scrutinise the official information myself. I thought I could top up to the required level through cash savings held for six months but its not allowed. I've actually not missed too much time due to this.. I got married in September had a long honeymoon and a temporary marriage certificate was not issued until November.

    Anyway, after reading December 2012, Annex FM Section FM 1.7 tonight, I meet their Category F financial requirement and my partner will be able to apply provided it is before the end of March. Even if she fails her IELTS in mid Jan (her English is good) there should be enough time for retests before the end of March. I am getting excited now as I thought it would be late summer when she gets here.

    Benjy, if you have been self employed for 1.5 years, do you meet the financial requirement for the last financial year? If so you are in the same position as me and can simply provide evidence for the last financial year - you won't need to supply 3 years of books. Just evidence from the last financial year as specified in their documents along with an accountants certificate that the return is valid (along with evidence that you are self employed at time of application).

    The exact requirements are in Annex section FM1.7 and Appendix FM-SE. I have never used an accountant before as my accounts are very simple and I've filed returns myself. I will get in touch with an accountant soon to go over my documents and provide the certificate.

    The main things I learned today regarding self employment and the financial requirement are this:

    1. Cash savings do not count

    2. You qualify if you meet the financial requirement for the last full financial year (Category F requirement)

    3. You qualify if you meet the financial requirement by taking an average of the last two full financial years (so, if one year was not so good and the other better, the other year may boost the average and meet the requirement). (Category G requirement)

    4. .. and this is also important to me. 9.5.1. of Annex Section FM 1.7


    "When self employed income is being used to meet the financial requirement for an initial application for leave to remain as a partner under Appendix FM by an applicant who used such income to meet that requirement in an application for entry clearance as a fiance(e) or proposed civil partner under that Appendix in the last 12 months, the Secretary of State may continue to accept the same level and evidence of self-employment income that was accepted in granting the application for entry clearance, provided that there is evidence of ongoing self employment at the date of application for leave to remain."

    So I read that to say you won't need to provide evidence of the financial requirement again just evidence that you are self employed (eg you pay class 2 NI contributions).

    Btw, when you apply for indefinite leave to remain (settlement) it seems the financial requirement won't be needed just:
    "both of you can support yourselves and any dependants without needing public funds;"
    http://www.ukba.homeoffice.gov.uk/vi...cp/settlement/
    along with other criteria being met like adequate accommodation.

    My understanding as a self employed person from this evenings research is that it's only the initial visa application which is under such scrutiny and that I don't need to worry too much about meeting future financial requirements providing I can show that I am still self employed and support my spouse.


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    Quote Originally Posted by Moving Forward View Post
    ...My understanding as a self employed person from this evenings research is that it's only the initial visa application which is under such scrutiny and that I don't need to worry too much about meeting future financial requirements providing I can show that I am still self employed and support my spouse.
    That only applies for the first application of FLR(M) of a Fiance(e) visa holder following marriage.
    It does not apply for the subsequent FLR application (after 30 months)


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