Naj

My husband (applicant) and I (UK citizen) are planning to move back to the UK early-mid next year, and have been looking at requirements for the application. We think we'll apply using the income route, but had some initial queries.

1. I earn above the threshold, but do not receive a salary - I am on a retainer, with a fixed monthly fee. We don't receive payslips at my organisation, but I sign a receipt every month which breaks down my fee into gross and net, as the company deducts part of my tax. I can get attested copies of these monthly pay receipts. Would these be considered the equivalent of payslips for the purpose of the application? I would also be submitting my contract.

2. I own a flat in London which is currently occupied by tenants. We are required to give them a month's notice if we want to terminate the contract. Would I be able to use this flat to satisfy the accommodation requirement? We were planning to give the month's notice when my husband received the visa. I have all the necessary documents to show proof of ownership and mortgage payments. I've been looking for the evidence requirements for accommodation, but can't seem to find them - if someone could share a link, would be grateful!

3. If the application is successful, I understand we would have one month in which to travel to the UK. Does this apply to both the applicant and the sponsor, or could my husband go and pick up his biometric card and come back? I ask because we anticipate needing a few months to sell our things and don't want to start the process until we know for sure we'll be moving.

Thanks in advance to forum members for any advice you can give. I've been reading some of the forum posts and have found the discussions to be a useful starting point.

mikelincs

Welcome to BE.

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You husband cannot come to the UK before you, you must arrive first or at the same time

Naj

Thanks for your response. So if we were to both travel to the UK within the month after receiving his visa, collect his card and then come back to sort out our things, would that be a problem?

mikelincs

That would be OK, the visa is a 'settlement' visa and is classed as 'joining' your spouse, as soon as the Brit Cit sets foot in the UK they are classed as 'settled' so the visa holder can join them, there is no restriction on leaving the UK after getting the biometrics although length of time outside the UK has to be taken into account for fulfilling the time in the UK to complete the first part.

Naj

Makes sense, thanks.

SanDiegogirl

You say you are paid a retainer and you also state you have a fee - brings to mind lawyers, consultants, specialists, contractors etc. Those people who are given a retainer so they can be called upon for their services.

These people are usually self employed - is this the case with you?. Your receipts are for the fee you charge.

If self employed you can use these payments but you must also show full financial years accounts for your company.

Naj

Yes, I’m a lawyer. The requirements in this country are a little different, and we don’t have to set up a company or register as self employed. There is a separate tax code for lawyers.

SanDiegogirl

You should read the following document carefully to see how YOU qualify to fulfill the financial requirements either as an employee or as self employed.

https://www.gov.uk/government/upload...ment_Final.pdf

Each category has specific documentation one has to provide. There is no discretion when it comes to the financial requirements. One has to meet them with all the necessary documentation.

I suspect your receipts on their own will not prove sufficient.

For accommodation you need to provide the proof that you own the flat and pay the mortgage. If it is only you and husband going to live there then an inspection is not necessary.

Naj

Thanks for the link. I’ve read the guidance, I think. Will go through again carefully and make sure I’m applying under the correct category.

Just for clarification on the accommodation point - the fact that the flat is currently occupied by tenants won’t be a problem, so long as I explain that the tenants will be given notice when the visa comes through?

michali

Regarding the accommodation, we were in a similar situation. A flat that was rented out but we had to give two months notice. We explained this in our covering letter to UKVI and provided just our Land Registry document (downloaded for £3) as we had no bills or council tax payments in our name.

Naj

Thanks! So you didn’t provide any info on temporary accommodation you might have needed to use while waiting for your tenants to vacate?