Online CPD course 6 hours, Self-employment Income in Visa Applications (by a Self-employed Immigration Adviser) For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM. Self-employment Income in Visa Applications (by a Self-employed Immigration Adviser). 6 core hours CPD credit. This course addresses the Rules, issues and documents, which are required for the visa applicants who are self-employed, such as a Sole Trader or an owner of a limited company or a partner in a partnership or an LLP. We explain how to apply the Rules for self-employed people who are applying for a Spouse/Partner visa including the differences when self-employment was in the UK and outside the UK, when applying for either an Entry Clearance or for a Leave to Remain. Plus for those applying to extend a Tier 1 (General) visa or for an ILR based on it; for those who are applying under the European/EEA law, such as family members applying for an EEA Residence Card (EEA2) or permanent residency (EEA4) or for British Citizenship for both EU/EEA nationals and their non-EU family members. We also explain how a term self-employed differs for HMRC/accountants and for the Home Office. Finally, we include case studies from our extensive experience. Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will award your CPD hours and send you a certificate. Visit website now to download or to read a detailed table of contents, objectives and extracts: 1st4immigration/training/self-employment-income-in-visa-applications.php The course is offered by our company, 1st 4Immigration Ltd, which is a practising OISC-registered immigration company, based at the City of London. 1st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM. 68 King William Street, City of London, London, EC4N 7DZ. 1st4immigration and 1st4immigration/training Contents: PART 1: ALL IMPORTANT BASICS There are 2 definitions of a word ‘self-employed’ | It is crucial to establish the exact legal form of the applicant’s business | The most important principle | Do not be put off by the long list of documents required for self-employed people. First establish if one meets the financial rule in general, and then get stuck in the documents PART 2: SOLE TRADER FINANCIAL YEAR WHAT TAXES DO SOLE TRADERS PAY? Class 2 National Insurance | Class 4 National Insurance | Is National Insurance a tax? | Income Tax TAX RETURN, SELF-ASSESSMENT AND RELEVANT HMRC FORMS Tax Return form SA100 | HMRC Tax Calculation form SA302 | HMRC Statement of Account form SA300 WHEN TO PAY TAXES? 1st year | Subsequent years | What if your earnings rise? | What if your earnings fall? | Can you stop payments in advance? PART 3: Using SOLE TRADER’s income for a Spouse/Partner and Fiancée visas PERIOD OF ASSESSMENT Financial Requirement is based on a last full financial year, not last 12 months | What is meant by a ‘full financial year’? | What if one became self-employed and does have a ‘full financial year’ yet? | Which financial year do we count? Since the deadlines for submitting a tax return is almost 10 months later? | COMMON QUESTION: do I need to pay taxes before applying for a visa? | CASE STUDY: Japanese spouse of a UK citizen who worked as self-employed in the UK and had to submit a tax return CALCULATING INCOME What is considered as income? | Can it be combined with other sources (salary, pension, savings etc)? | Can 2 partners combine their income if one or both are self-employed? | CASE STUDY: Filipino wife of a UK citizen, switching from a Tier 4 visa after it had expired. The Sponsor was self-employed but did not submit a tax return yet | CASE STUDY: American wife of a UK citizen, switching from a Tier 4 visa. Financial Requirement was met by the Sponsor getting a basic job and working for 6 months (because his self-employment was a long way away from the end of a financial year) SELF-EMPLOYED SPONSOR RETURNING TO THE UK with a foreign spouse/partner CASE STUDY: American husband of a British citizen who was self-employed in the USA, returned to the UK, was offered a job with the NHS but the job did not start within 3 months NOTES ON SPECIFIED DOCUMENTS PART 4: Using SOLE TRADER’s income for a Spouse/Partner and Fiancée visas where Financial Requirement doesn’t apply Applications under the Old Rules when a 1st Spouse/Partner visa was issued before 9 July 2012 | Applications under Appendix FM but the Sponsor is on disability benefits | Applications under Appendix FM but under Exception EX.1 | Old Maintenance rule | CASE STUDY: Nicaraguan husband of a UK citizen. The Sponsor was exempt from the Financial Requirement because of disability benefits PART 5: Using SOLE TRADER’s income for a Tier 1 (General) visa and ILR based on it What is considered as earnings? | Tax return is not needed | CASE STUDY: Nigerian national whose business model was questioned (but income was OK) | CASE STUDY: Indian locum doctor who worked through an agency on a self-employed basis PART 6: Using SOLE TRADER’s income in EEA applications including EEA Residence Card, Permanent Residency and British Citizenship based on them (EEA1 - EEA4 and Naturalisation) CASE STUDY: National of Chile married to a German national applying for an EEA Residence Card (EEA2) who was both employed and self-employed | CASE STUDY: Israeli national married to a Spanish self-employed artist who was refused an EEA Residence Card because of not submitting a tax return by May | CASE STUDY: Bulgarian self-employed cleaner applying for British Citizenship together with her | CASE STUDY: Bulgarian self-employed plumber applying for an EEA Family Permit for a Russian wife PART 7: LIMITED COMPANY Why ‘Limited’? | Limited company is a separate entity from its owner (but many of your clients will be confused) WHO OWNS A COMPANY? (And it is not the directors) FINANCIAL YEAR What if one is both a Sole Trader and has a limited company? KEY DATES Date of incorporation | Accounting reference date | Period covered by the annual accounts | Date when annual accounts are due | Date when tax is due COMPANIES HOUSE WEBSITE WHAT TAXES DO COMPANIES AND DIRECTORS/OWNERS PAY? Corporation Tax | Value Added Tax (VAT) | Company Directors pay usual employment taxes | Company owners (shareholders) receive dividends and pay Income Tax, if any | Why is it important? ANNUAL ACCOUNTS AND CORPORATION TAX RETURN Annual Accounts | Audited and Unaudited accounts | Balance Sheet | Profit and Loss Account | Corporation Tax Return CORPORATION TAX (CT) FORMS CT600 | CT603 | CT620 PART 8: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas – COMPANY REGISTERED IN THE UK Specified limited company WHAT IS CONSIDERED AS INCOME? Director’s salary | Common question: what if a director wants to use only salary and has enough to meet the Financial Requirement? Can he/she use a Category A or B instead of F or G? | Dividends | Gross salary | Net salary | Difference between a gross and net salary | Gross dividend | Net dividend | Difference between a gross and net dividend (tax credit) | Net dividends are what you see on the client’s bank statements | Net dividend amounts are what one receives to his/her bank account | Gross salary but net dividends NOTES ON SPECIFIED DOCUMENTS CASE STUDY: Syrian wife of a UK citizen. The Sponsor was working as a contractor using his own limited company in the UK PART 9: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas – COMPANY REGISTERED OUTSIDE THE UK (Sponsor returning to the UK) CASE STUDY: Canadian – British couple who lived in Canada for 20 years and now returning to the UK together. Financial Requirement was met through the British Sponsor employed by the Applicant’s own company in Canada, plus a new job in the UK CASE STUDY: Israeli wife and 2 children of a UK citizen who always lived in Israel and now returning to the UK together. Financial Requirement was met through the British Sponsor’s earnings from his own company in Israel, plus a job offer in the UK PART 10: Using income from a LIMITED COMPANY for a Spouse/Partner and Fiancée visas where Financial Requirement doesn’t apply PART 11: Using income from a LIMITED COMPANY for a Tier 1 (General) visa and ILR based on it CASE STUDY: Nigerian national with earnings through his limited company, plus a spouse switching from Post-Study Work (and 2 children on visas dependent on the spouse’s):47 Notes on specified documents CASE STUDY: Indian national who paid himself a salary, dividends and expenses in one payment, so income amounts didn’t match bank statements TIP: give your client a template of accountant’s letter CASE STUDY: South African national who claimed earnings from his limited company, without realising his company had been dissolved CASE STUDY: Malaysian national who miscalculated the period of Previous Earnings (and didn’t have enough points until more dividends were added) PART 12: Using income from a LIMITED COMPANY in EEA applications including EEA Residence Card, Permanent Residency and British Citizenship (EEA1 - EEA4 and Naturalisation) CASE STUDY - Romanian national who has been working since 2004 PART 13: Agency work and being paid by an ‘Umbrella company’ Employment | Self-employment | Counting income on a payslip produced by an umbrella company | Which period to cover? | Umbrella companies based in the Channel Islands CASE STUDY: Rwandan wife of a UK citizen, applying for a Spouse visa. Financial Requirement was met through working through an agency and paid by an ‘umbrella company’ CASE STUDY: Nigerian national extending a Tier 1 General visa using earnings from an umbrella company PART 14: Partnership and Limited Liability Partnership (LLP) PARTNERSHIP Income from Partnership for Spouse/Partner visas | Income from Partnership for Tier 1 General visas LIMITED LIABILITY PARTNERSHIP (LLP) Income from an LLP for Spouse/Partner visas | Income from an LLP for Tier 1 General visas
Posted on: Sat, 05 Jul 2014 19:09:00 +0000
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