If your partner is self-employed, you can still apply for a UK Spouse Visa using their income to meet the financial requirement.
However, self-employed income is assessed differently from straightforward salaried employment. The Home Office has specific evidence requirements, and the documents required can depend on whether your partner is a sole trader, a partner in a business or a director of a limited company.
For a new application under the partner route, the minimum income requirement is generally £29,000 a year. The Home Office also has specific rules about how self-employed income must be evidenced and calculated. This means it is important to identify the correct financial category and prepare the required evidence before submitting the application.
Can you apply for a UK Spouse Visa if your partner is self-employed?
Yes. A self-employed sponsor can potentially meet the financial requirement for a UK Spouse Visa.
Self-employment can include operating as a sole trader, being a partner in a business or, in certain circumstances, receiving income from a limited company of which the sponsor is a director. The important point is that the Home Office does not simply look at how much money a business receives. It must assess the income according to the relevant Immigration Rules and specified evidence requirements.
Appendix FM-SE sets out the evidence required for applications relying on financial income, including self-employment and income from certain limited companies. The exact documents required will depend on the structure of the business and the type of income being relied upon.
How does self-employed income count towards the Spouse Visa financial requirement?
For a new UK Spouse Visa application, the usual minimum income requirement is £29,000.
Where the sponsor is self-employed, the calculation can be more complicated than simply looking at the amount paid into their personal bank account.
For example, a sole trader may have substantial business turnover but a significantly lower taxable profit. The amount that can be relied upon for immigration purposes therefore needs to be calculated in accordance with the relevant rules.
The same applies where the sponsor is involved in a partnership or operates through a limited company.
This is why it is important to distinguish between:
- Business turnover
- Business profits
- Salary
- Dividends
- Personal drawings
- Taxable income
- Income that qualifies under the Immigration Rules
Our UK Spouse Visa requirements guide provides a broader overview of the financial and other requirements for a spouse visa.
What evidence is needed for a self-employed Spouse Visa?
The evidence required depends on the type of self-employment and the income being relied upon.
For a sole trader or partner in a business, the Home Office requires evidence relating to the relevant financial year or years, together with specified HMRC, business and bank evidence.
Depending on the circumstances, documents can include:
- Self Assessment tax records
- HMRC Statements of Account
- Evidence relating to the sponsor’s Unique Tax Reference (UTR)
- Business accounts
- Business bank statements
- Personal bank statements
- Evidence of registration with HMRC
- An accountant’s certificate or other accountant’s documentation where required
- Evidence that the self-employment is continuing
The precise documents required will depend on the circumstances and the financial category being relied upon.
It is particularly important to make sure that the evidence covers the correct period, which is usually the most recent accounting period and that the figures in the different documents are consistent.
Providing bank statements showing money received by a business does not, by itself, establish the sponsor’s qualifying income. For example, the figures shown in the tax return, accounts and bank statements should be consistent and make sense when considered together. The Home Office’s Appendix FM-SE guidance provides the specified evidence requirements for financial applications under the family routes.
What if the sponsor is a limited company director?
A limited company director may also be able to rely on income from their company, but the rules can be more complex. This is particularly important where the sponsor owns shares in the company or where certain family members are shareholders.
In these circumstances, the company may fall within the definition of a specified limited company under Appendix FM-SE. If it does, different rules apply to how the sponsor’s income is calculated and what evidence must be provided.
Depending on the circumstances, the evidence may include company accounts, the company’s CT600, Companies House information, company bank statements, personal bank statements showing that the salary was actually paid to the sponsor and further evidence relating to salary or dividends like payslips.
Where dividends are being relied upon, dividend vouchers and personal bank statements showing the dividends being paid may also be required.
A company director should therefore not assume that the company’s turnover or overall profit is automatically the sponsor’s qualifying income.
The calculation needs to be considered under the specific provisions of Appendix FM-SE and supported by the required evidence.
What are the common problems with self-employed Spouse Visa applications?
Self-employed applications can become complicated when the financial evidence does not clearly support the income being claimed.
Some common issues include:
1. Using the wrong financial period
The evidence for self-employed income needs to relate to the relevant period under the Immigration Rules. Submitting documents from an inappropriate period can create problems with the application.
The Home Office does not simply look at the most recent few months of business income. For sole traders, partners and franchises, the relevant period is generally the last full financial year, or the last two full financial years where the average of those two years is being relied upon. The relevant financial year is linked to the period covered by the required Self Assessment tax return and Statement of Account.
For a sponsor who is a director or employee of a specified limited company, the relevant financial period is generally the last full financial year covered by the company’s CT600 (Company Tax Return).
This is different from the position for a sole trader or business partner, where the relevant financial year is generally linked to the sponsor’s Self-Assessment tax return.
2. Confusing turnover with qualifying income
A business may have a high turnover but relatively low taxable profit. The amount that can be relied upon for immigration purposes must be calculated according to the applicable rules.
3. Missing HMRC evidence
Tax records and HMRC documentation can be an important part of demonstrating self-employed income. Missing or inconsistent records can make it more difficult to establish that the financial requirement has been met.
4. Incomplete business accounts or bank statements
Where business accounts or bank statements are required, they should cover the relevant period and correspond with the financial information being relied upon.
It is therefore important to prepare the financial evidence as a complete set and check that the dates, figures and transactions are consistent across the tax records, accounts and bank statements.
5. Incorrectly calculating salary or dividends
A limited company director may receive income from the company in the form of salary, dividends, or a combination of both.
For Spouse Visa applications, it is important to establish how the company is structured and which provisions of Appendix FM-SE apply. Where the company falls within the definition of a specified limited company, different rules apply to the calculation and evidence of income.
6. Failing to check whether the self-employment is continuing
Depending on the category being relied upon, evidence concerning ongoing self-employment may also be required.
These issues do not mean that a self-employed sponsor cannot meet the financial requirement. They highlight why the financial evidence should be reviewed carefully before the application is submitted.
Can self-employed income be combined with other income or savings?
The rules on combining financial sources are specific. In particular, where a person is relying on self-employed income under the relevant provisions, that self-employed income cannot be combined with specified cash savings to meet the required income level.
This is an important distinction from some other financial categories.
If you are considering relying on savings or another source of income, it is therefore important to check which financial categories apply to your particular circumstances rather than assuming that all sources can be combined.
Our article, Can the financial requirement of a UK Partner (Spouse) Visa be met through cash savings?, provides further information about how cash savings are treated under the Immigration Rules.
Frequently asked questions
1. Can I apply for a UK Spouse Visa if my partner is self-employed?
Yes. A self-employed sponsor can potentially meet the financial requirement for a UK Spouse Visa, provided the income qualifies under the Immigration Rules and the required evidence is submitted.
2. Can a sole trader meet the UK Spouse Visa financial requirement?
Yes. Income from self-employment can be relied upon, to meet the spouse visa requirement.
For a sole trader, the relevant income is generally based on gross taxable profits, rather than business turnover or the amount paid into a personal bank account.
The income must be calculated under the relevant Immigration Rules and supported by the required HMRC, business and bank evidence.
3. Can a limited company director use their income for a Spouse Visa?
Yes, potentially. The Immigration Rules contain specific provisions for income from certain limited companies, including salary and dividends. The evidence required will depend on the circumstances of the company and the director.
4. What documents do I need for a self-employed Spouse Visa?
The documents depend on the sponsor’s business structure and the income being relied upon. They can include HMRC records, tax documents, business accounts, business and personal bank statements, and accountant’s declaration where applicable.
Getting your self-employed Spouse Visa evidence right
Being self-employed does not prevent your partner from sponsoring you for a UK Spouse Visa. However, the financial evidence can be more involved than for a straightforward salaried application.
Whether your partner is a sole trader, business partner or limited company director, it is important to identify the correct financial category, calculate the qualifying income correctly and provide the evidence required under the Immigration Rules.
The Home Office’s Appendix FM-SE guidance sets out the specified evidence requirements for the different sources of income that can be relied upon.
At Mulgrave Law, our immigration solicitors advise on UK Spouse Visa applications involving self-employed sponsors, sole traders, partnerships and limited company directors. We can review your financial circumstances and supporting documents and advise on the evidence required before your application is submitted.
Need advice about a self-employed Spouse Visa application?
Book a consultation with friendly lawyers at Mulgrave Law to discuss your circumstances.
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