# FLR(M) Self Employed Spouse Questions



## Julia90 (Aug 8, 2012)

I went to my PEO appointment last week in Solihull to get my FLR(M) visa. I was so unprepared! After waiting for an hour in the waiting room, my husband and I were called up to start going through our application with the caseworker. Apparently I had been looking at the wrong guidance notes and didn't have half of the required financial paperwork that we needed. The caseworker was very kind and helpful- he copied the correct guidance notes for me and made us another appointment for the 11th. My fiance visa expires on the 14th though, so I need to be absolutely sure that I have the correct paperwork for my appointment on Monday!

Has anyone applied for their FLR(M) with a self employed spouse? Can you please tell me all of the evidence you provided? The caseworker said I should have my husband's accountant write a letter about his business. What exactly should this letter say? We also need proof that he pays Class 2 National Insurance contributions, but the only proof he has is a direct debit every month from his bank account. Will that be enough?

I'm assuming all of these documents have to be from the same period of time. His most current accounts are from October 2011 though- Should all of my documents therefore be that old?

Sorry for the lengthy post, but I am really nervous about this appointment!


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## Leanna (Oct 22, 2012)

Julia90 said:


> I went to my PEO appointment last week in Solihull to get my FLR(M) visa. I was so unprepared! After waiting for an hour in the waiting room, my husband and I were called up to start going through our application with the caseworker. Apparently I had been looking at the wrong guidance notes and didn't have half of the required financial paperwork that we needed. The caseworker was very kind and helpful- he copied the correct guidance notes for me and made us another appointment for the 11th. My fiance visa expires on the 14th though, so I need to be absolutely sure that I have the correct paperwork for my appointment on Monday!


Wow, very lucky of you and a very nice ECO you had! Many would've simply been declined. Great that you've got this second chance. 



> Has anyone applied for their FLR(M) with a self employed spouse? Can you please tell me all of the evidence you provided? The caseworker said I should have my husband's accountant write a letter about his business. What exactly should this letter say? We also need proof that he pays Class 2 National Insurance contributions, but the only proof he has is a direct debit every month from his bank account. Will that be enough?


The type of proof that you supply will vary greatly on your husband's status in his company ie. sole trader, director, etc. 

Have a look through Section 9 here: http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

And here's an idea (from here: UK Border Agency | Appendix FM-SE - Family members - specified evidence) of the types of documents you must supply to meet the financial requirement as self-employed (its a long list I'm afraid)

_



7. 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 financial year.

(b) The latest:

(i) annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302); and,
(iii) the same for the previous financial year if the latest return does not show the necessary level of gross income, but the average of the last 2 financial years does.

(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 through:

(i) evidence of payment of Class 2 National Insurance contributions (for self-employed persons); or,
(ii) current Appointment Reports from Companies House (for Directors).

(h) One of the following documents must also be submitted:

(i) (aa) If the applicant's business is a registered company that is required to produce annual audited accounts, the latest such accounts; or
(bb) If the applicant's business is not required to produce annual audited accounts, the latest unaudited accounts 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 latest VAT return (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £73,000;
(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.

Click to expand...

_The rules are slightly different if he is self-employed in a limited company (See section 8 then), but it's a very long list, so hopefully you have all these documents handy or can get them within the next week. 



> I'm assuming all of these documents have to be from the same period of time. His most current accounts are from October 2011 though- Should all of my documents therefore be that old?


As far as I understand you have two options for self-employment - one is to provide all the information over the past two financial years, and UKBA will average out both years, or you can rely on the last full financial year, if your husband earned enough to cover the £18,600 minimum. 



> Sorry for the lengthy post, but I am really nervous about this appointment!


Have a read through the guidance in the links above and be sure you either have or can get all the information listed. It can be tough going for self-employment, so good luck. If you can get the paperwork together in time, you should be in the clear for your PEO Appointment. Otherwise you may have to look at posting your application, though there is still a lengthy processing time for applications posted from within the UK.


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## 2farapart (Aug 18, 2011)

And just an additional note to say that, if you are combining any other income with your self-employment income (example: salaried employment or dividends from shares), the evidence for that must also cover the same financial year as your self-employment income.

Good luck!


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## Joppa (Sep 7, 2009)

And you can't combine self-employment with savings.
I must say to evidence self-employment income is one of the most complicated processes under family route.
Best of luck!


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## Julia90 (Aug 8, 2012)

Thank you all for your advice.  I have a meeting with my husband's accountant in the morning, so hopefully it will all be sorted!


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