Self employment income such as sole trader or partnership is quite common and therefore frequently used for UK family visa applications. Preparation requires attention to detail and it is important to understand the UK immigration rules before submitting any UK visa application.
Many British citizens and those residing in the UK with permanent resident (Indefinite Leave to Remain) status, frequently have foreign spouses/partners whom they wish to bring to the UK to live together. For this to happen, the foreign spouse/partner would first need to apply for a spouse/partner visa and meet stringent Home Office criteria, supported with piles of specified evidence. Focus on ‘Specified’ in evidence is for a reason, as the Home Office states in their rules which specific documents applicant must provide in order to succeed in their application. If you decide to replace the ‘Specified’ documents with ones of your choice, it is not going to work with the Home Office and your application will most likely be refused.
Specified evidence self employment sole trader or partnership spouse visa
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:
(i) annual self-assessment tax return to HMRC,
(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: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading
(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) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians;
Recognised supervisory bodies (RSBs)
- Association of Chartered Certified Accountants (ACCA)
- Chartered Accountants Ireland (CAI)
- Institute of Chartered Accountants in England and Wales (ICAEW)
- Institute of Chartered Accountants of Scotland (ICAS)
(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);
(iv) A franchise agreement signed by both parties. The document must be provided if the organisation is a franchise.
Why spouse visa financial evidence can be difficult to understand for self employment
There are specific requirements set out int he UK immigration rules that set out the required evidence for self employment income. Without providing the specified documents applications normally fail.