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17 Oct Financial evidence for different employments under Appendix FM

Posted on October 17, 2022 in Spouses & Partners by
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According to Appendix FM, there are two immigration categories, which set up a minimum income threshold to meet the financial requirement: “Family Life as a Partner” and “Family Life as a Child of a person with limited leave as a Partner”. In particular, the Immigration Rules set out the general financial requirement of a gross annual income of at least £18,600. If the applicant and their partner have children, then the income threshold is increased by £3,800 for the first child and an additional £2,400 for each additional child.

The applicant is allowed to use either “employment” or “self-employment” as the source of income. However, they require different supporting evidence.

The Home Office also lists the specified evidence in Immigration Rules Appendix FM-SE: family members specified evidence:

In respect of salaried employment in the UK (except a specified type of limited company in P9(a)), the applicant will normally need to provide:

  1. Payslips covering: a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months; or any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 month.
  2. A letter from the employer(s) who issued the payslips confirming: the person’s employment (type; length); gross annual salary; the period over which they have been or were paid the level of salary relied upon in the application.
  3. Personal bank statements corresponding to the same period(s) as the payslips showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
  4. P60s and contract of employment, if available.

 

As for Self-employment in the UK as a partner, as a sole trader, or in a franchise all of the following must be provided (covering the last full financial year):

  1. Evidence of the amount of tax payable;
  2. Annual self-assessment tax return to HMRC (a copy or print-out); Statement of Account (SA300 or SA302);
  3. Proof of registration with HMRC as self-employed if available;
  4. Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
  5. 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);
  6. Personal bank statements 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.
  7. Evidence of ongoing self-employment (one of the following):
  • a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading,
  • business-related insurance premium;
  • employer National Insurance contribution;
  • franchise payments to the parent company.
  1. Annual audited accounts or unaudited accounts for the last full financial year, certified by the accountant.

 

In respect of employment or self-employment outside of the UK, evidence should be a reasonable equivalent to the above.

If the sponsoring British/ILR holder were to generate earnings from their employment or dividends in a limited company (LTD), the Home Office would expect to assess the documents listed below:

  1. Company Tax Return CT600
  2. Registrar of Companies at Companies House
  3. Corporate/business bank statements
  4. A current Appointment Report from Companies House.
  5. A certificate of VAT registration and the VAT return for the VAT registration number, if turnover is more than £79,000 or was in excess of the threshold which applied during the last full financial year; or Proof of ownership or lease of business premises; or Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number.

 

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For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.