If you want to move to the UK to live with your partner, you usually have to show that you have enough money to support yourselves. One way to do this is to show that you have an income from self-employment.
There are some things to consider if you want to use this option to meet the financial requirement, which are outlined in the post.
The Immigration Rules set out that a person needs to have an annual income of at least £18,600 to be able to immigrate to the UK. If the person has children, the income requirement is increased by £3,800 for the first child and by £2,400 for each additional child. This does not apply if the child is British or is an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.
What is self-employment under the Immigration Rules?
Being self-employed means owning and running your own business. This can be done as a sole trader where the business is owned and controlled by one person, a partnership where the business is owned and controlled by two or more people, or a franchise using an established business model. Self-employment must be ongoing at the date of application in order to be eligible.
If you work for a specific kind of company in the UK, you can rely on that company. The company has to have a certain number of shareholders, and you have to meet some other requirements.
There are two specific ways in which the financial requirement can be satisfied through self-employment income. These are known as ‘Category F’ and ‘Category G’ applications.
Category F – Last full financial year of self-employment
This means that if the person applying for a visa is self-employed, they can use the income from the last full financial year to show that they meet the requirements for the visa.
Category G – Average of last 2 full financial years of self-employment
For a Category G application, the self-employed person can rely upon the average income received in the last two full financial years, at the date of application, to meet the requirement.
If someone's income is different in two different years, they can use Category G to show an average of the two years.
This means that if someone's income was £15,000 one year and £22,200 the next, they could use this to show that their average income over two years was £18,600.
How is the financial year calculated for Categories F and G?
If you want to use self-employment to stay in the UK, you have to use your self-assessment tax return from the last financial year. This is the period from 6 April to 5 April the next year. You also have to show your Statement(s) of Account (SA300 or SA302) from the same time period.
If someone is applying for a visa to come to the UK and they're relying on their partner's income from self-employment outside of the UK, the relevant financial year will reflect the requirements of the taxation system of that country. They may need to provide further explanatory and supporting information from an overseas accountant as part of their application.
The calculation of a financial year for those employed as a director or an employee (or both) of a specified limited company in the UK are different. The relevant financial year for these people will be the year shown on the Company Tax return CT600, which corresponds to the 12-month accounting year of the company.
Can you combine self-employed income with other forms of income?
You can combine income from different sources like a salary, non-employment income, or pension income. The income must be from the same financial year and you must still have that income when you apply for the visa.
You cannot combine current cash savings with income under Category F or Category G.
Can you rely on self-employment income from overseas?
If your sponsor is self-employed and plan to move to the UK, you may be able to rely on his self-employment income, as long as your partner is also coming to the UK with you. In order to do this, you will need to provide evidence that his self-employment is ongoing and will continue in the UK, or that he has a confirmed offer of employment starting within 3 months of your entry to the UK.
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