Navigating the Spouse Visa Self-Employment Journey

Embarking on the journey of securing a spouse visa Self-employment is a testament to the intertwined narratives of love and professional pursuit. This unique endeavor involves navigating the intricate realms of immigration while concurrently steering the course of one’s own business venture.

As couples endeavor to unite across borders, the self-employment route becomes a compelling avenue, weaving the fabric of their shared dreams and aspirations. This introduction sets the stage for the compelling narrative of couples forging a path through the complexities of spousal immigration, intertwining their lives not only romantically but also professionally.

The pursuit of a spouse visa through self-employment adds an extra layer of intricacy, requiring a delicate balance between the demands of entrepreneurship and the stringent requirements of immigration authorities.

The UK government defines self-employment as operating your own firm and bearing sole liability for its success or failure. Furthermore, you will probably be working for multiple clients at once and will be able to choose where, when, and how to complete your tasks. To put it another way, you are your own boss instead of a hiring manager.

How to fulfill the requirements for a spouse visa if you or your partner are self employed

According to the immigration laws, there are several ways to satisfy the financial criterion for a spouse visa, such as earning money as a spouse via self-employment or serving as a member of a private company (either through your own application or that of your UK-based partner). There are two primary approaches you can apply to determine how much money you will make working for yourself in the UK as a director, employee, or both of a limited company:

• Revenue from self-employment for the most recent complete fiscal year (category F)
• The mean income from self-employment for the previous two fiscal years (category G)

The Home Office will also require proof of continuous self-employment as of the application date. The method you use to determine your own (or your partner’s) revenue from self-employment in the UK will vary depending on whether you work for yourself, as follows:

• As an independent contractor, a partner, a franchisee, or a director of a designated limited corporation, another employee, or both.

Submitting an application to work as a partner, a sole proprietor, or a franchise

An individual owns and manages a solo trader business (although they may hire employees). An enterprise may be managed by two or more people in a partnership. A franchise is a kind of company in which an individual purchases a license to use an established brand, business concept, or model.

Applying for a spouse visa self-employment as an individual, whether as a sole trader, a partner in a business, or as part of a franchise, involves specific considerations. Here’s a guide tailored to each scenario:

Sole Trader:

• Business Registration: Ensure your sole trader business is officially registered with the appropriate government authorities. Provide documentation proving the legality of your business.
• Financial Documentation: Prepare detailed financial records, including profit and loss statements, tax returns, and business bank statements. The immigration authorities will likely scrutinize your financial stability.
• Proof of Self-Employment: Clearly outline your role and responsibilities in the business. Provide evidence of your self-employment status, such as business contracts, invoices, and client communications.
• Tax Compliance: Demonstrate tax compliance by submitting tax returns and any relevant correspondence with tax authorities. This helps establish the legitimacy of your business.

Partner in a Business:

• Business Partnership Agreement: If you’re a partner in a business, provide a copy of the partnership agreement outlining your role, responsibilities, and profit-sharing arrangements.
• Financial Contributions: Clearly demonstrate your financial contributions to the business. This may include financial statements, bank records, and any relevant financial agreements.
• Business Stability: Highlight the stability and success of the business to show that it can support both your livelihoods. This could include client testimonials, business achievements, and growth indicators.
• Legal Documentation: Provide legal documentation confirming your partnership status and the legitimacy of the business. This might include business registration certificates and partnership agreements.

Franchise Owner:

• Franchise Agreement: Submit a copy of the franchise agreement, clearly outlining your role as the franchise owner, any financial commitments, and the terms of the franchise.
• Financial Records: Provide detailed financial records for the franchise, including income statements, expenses, and bank statements. This helps establish the financial viability of the business.
• Proof of Franchise Ownership: Offer documentation proving your ownership of the franchise, such as certificates or letters from the franchisor acknowledging your status.
• Business Viability: Emphasize the success and viability of the franchise. Include any relevant franchise performance reports, customer feedback, and evidence of adherence to franchise standards.

General Tips:

• Clear and Organized Documentation: Keep all documentation well-organized, clear, and easily understandable. This helps immigration officials assess your application efficiently.
• Professional Advice: Consider seeking professional advice from immigration consultants or lawyers experienced in spouse visa applications. They can provide guidance tailored to your specific situation and jurisdiction.
• Compliance with Immigration Rules: Ensure that your application complies with all immigration rules and regulations.

Documentations needed for Spouse Visa Self Employment

In order to get a spouse visa self-employment there are certain documents that you will be required to provide to UKVI. After that, your application will be processed. The documents will vary depending on your type of self-employment, so if you reside in one of the situations, then it will give you a better understanding.

Documents needed if you operate as a partner, a solo proprietor, or a franchise

1.       Annual tax return to HMRC for self-evaluation (SA300 or SA302).
2.       Evidence that you are registered as self-employed with HMRC.
3.       Number(s) of Unique Tax Reference (UTR)
4.       Business bank records for the tax return(s)’s same 12-month period.
5.       Personal bank statements covering the same 12-month period as the tax return(s) demonstrating earnings from self-employment paid under the individual’s or the individual’s and their partner’s combined name.

You also need to supply one of the following:

1.       Accounts annually reviewed for the most recent fiscal year (if necessary)
2.       Yearly unaudited statements of earnings for the most recent complete fiscal year and a certificate of authorization from an authorized accountant
3.       If turnover exceeds £79,000, a certificate of vat registration and the vat return for the most recent complete fiscal year are required.
4.       Proof that the type or class of business being operated at the trading address has the necessary planning permit or local planning authority consent is held (if there is a local authority requirement)
5.       An executed franchise contract.

Documents are necessary if you work for a specific limited company as a director or as an employee in any capacity.

1.       Company Tax Return CT600 for the most recent complete fiscal year (together with the HMRC receipt acknowledgment)
2.       Proof of company House registration
3.       Accounts annually audited for the most recent fiscal year
4.       Unaudited accounts for the most recent complete fiscal year with a certified accountant’s certificate can suffice if financial statements are not necessary.
5.       Bank statements for corporations and businesses that span the same 12-month period as the CT600
6.       A recent Companies House employment report

You also need to supply one of the following:

1.       If turnover exceeds £79,000, provide the VAT registration certificate and the declaration of VAT for the most recent complete financial year.
2.       Evidence of rental or ownership for commercial space
3.       Authentic documentation of PAYE registration with HMRC

You must submit a copy of your pay slips, a P60, and your private financial statements for the same time period as your CT600 if you are a staff member or a director of the company (or both) and you get a salary. Should you be receiving payouts, you will be required to present dividend vouchers and individual bank statements attesting to your dividend receipts.

FAQs

Is there a minimum income requirement for self-employed individuals applying for a spouse visa?

Income requirements vary by country. Some countries have specific financial thresholds, while others focus on the overall financial stability of the self-employed individual. Check the immigration guidelines for the specific country you’re applying to.

Can I include my spouse in my self-employed business for the spouse visa application?

Yes, if your spouse is actively involved in the business, you can provide evidence of their role and contributions. This can strengthen your case, but you’ll still need to meet all the relevant visa requirements.

How can I prove the stability of my self-employed business for the visa application?

Provide financial records, business achievements, client testimonials, and any relevant indicators of business stability. Clear and well-documented proof of your business’s success will support your application.

Is it advisable to seek professional assistance for the spouse visa application as a self-employed individual?

Yes, seeking advice from immigration consultants or lawyers experienced in spouse visa applications can be beneficial. They can provide tailored guidance, ensure all documents are in order, and navigate any complexities in the application process.