i want my wife to live with me in the uk and wish to apply for a settlement visa i tick all the boxes as the sponsor apart from one apparently.
i am a self employed photographer and during the last tax year 0f 2011-12 i earned £35.160 after all expenses where taken out i was left with a net profit of £22,549, well above the £18,600 but on my SA302 which lists my taxable earnings i only earn £17,220 which is below the £18600 threshold
after contacting the tax office to ask why this was they told me that they give me X amount of allowances which lowers my taxable income, and this is to benefit me so i don't have to pay so much tax (thanks a lot......not) the rule state "see underlined"
19. When calculating income from self-employment under paragraphs 12A and 13(e) this paragraph applies:
(a) There must be evidence of ongoing self-employment at the date of application.
( Where the self-employed person is a sole trader or is in a partnership or franchise agreement, the income will be:
(i) the gross taxable profits from their share of the business; and
(ii) allowances or deductable expenses which are not taxed will not be counted towards income
i read this as meaning they will only consider the sum that is state on my SA302 which is my taxable income after all my deductions and allowances have been taken out
My Question is ....am i correct in thinking this and if so is there anything that can be done about this considering my actual net earning are in fact £22.549
i feel that self employed people are being victimised because we can write of so much against our tax and then the tax office give us more tax brakes anyway. my argument is i am better off than someone who is earning 22.5k on paye because all my motoring expenses and phone internet etc are already taken care of and dont need to be payed for from the 22.5k ....does this make sense????
point is i earn 22.5k profit but i think the ukba will not accept this figure
my only alternative is to get my accountant to resubmit my accounts after removing the necessary expenses to bump up my so called earning so the taxable profit is above the 18,600 mark which will infect leave me poorer.... retarded or what?????
Any help or advise would be so appreciated right now
just one other point about how badly these rule have been thrown together, as part of the supporting evidence the UKBA ask for the following
Proof of registration with HMRC as self-employed. This evidence must be either an original or a certified copy of the registration documentation issued by HMRC.
I contacted HMRC and they told me that there is no such document and have written me a letter to confirm this.