Victor Meldrew

If, when I (hopefully) return with my non EU wife, I live in my non-mortgaged home and rent out 2 of the 3 bedrooms for a total of £700 pcm with a signed formal contract and bank statements to show this is the case, can this £8,400 per year be counted towards my £18,600 income?

Giantaxe

It seems like an exceptionally generous definition of rental income. In fact, it's not a definition of income at all, it's a definition of "gross receipts". It would be like counting a self-employed person's gross receipts as their income without regard to their business expenses. Methinks this is actually rather a large loophole that some could take advantage of.

holly_1948

On the other hand from an income tax standpoint it's not the least bit unreasonable. If you claim it is all (taxable) income and you have no expenses at all then who is the government to argue with you?

You just won't get away with having it both ways. Catch-22.

hopeintoronto

Hello British Expats!

I am just trying to wrap my head around the financial requirements for sponsoring a non-EU spouse. I am a UK citizen currently living in Toronto (on the IEC) and am due to marry my Canadian fiance in July (in Canada).

We were hoping to move to the UK after getting married but I'm having a minor nervy breakdown looking at these rules and requirements! I was hoping someone could clarify a few questions for me - forgive me if these have been answered already in this post, I've scrawled through a bit but still feeling confused!

Would it be mandatory for me (as the sponsor) to be working in the UK for 6 months (at the yearly salary of £18,600) before my husband can apply for the visa? Or, if one of us has prospective employment sorted before we come over, would this be enough?

If we were coming over together from Canada, without jobs, how much would we have to have in savings? At first I thought this would be £16,000 - but I think I may have misunderstood that and it would maybe be more?

Thanks so much!

CostaTheGreek

Ok, so im slightly lost, forgive me please if im swimming against the tide or breaking rules, first timer...

Situation: My British wife and I have been married & living in South Africa for 27 years..
She is Brit by birth , came to South Africa at age 5. and has a valid Brit passport. My kids are over 18 and have ancestral passports... I have a South African passport, but have been to Britain on business this year to London.
We wish to return to UK and take up a life and establish ourselves... I believe she can just arrive? But needs to apply for residency?

Question: What about me? What kind of visa do I need to apply for to go there with her?? Possible?

feelbritish

By the sounds of your "name" do you qualify for Greek citizenship? You may go over then as an EU national (providing they don't exit first)

feelbritish

The savings which has to be in your bank for 6 months prior to your move is 62 000 pounds,

CostaTheGreek

Thanks for the reply indeed, appreciated.
I am a third generation of Greek descent in South Africa, and unfort do not qualify for European Passport, so purely South African passport...
Any feedback into getting back to the UK with my wife of 25 + years appreciated...

rukiddingme

Only your employment income counts as you are the sponsor, so ideally you are currently working, earning over the minimum £18,600, and have a job offer in the UK for more than this amount too! If the employment income is less than £18,600 you can use savings to make up the shortfall. But, your first £16k is not taken into account. This is just for the leave to enter requirement, subsequent apps take the spouse's income into account too.

If your spouse got a job offer in the UK he could be sponsored by the employer, which is I think the way that I'm looking at going, then after 6 months of being there you can kick off the spouse visa app. The difference is that the spouse's income is also counted towards the £18600 at that point. Also, it adds 6 months to the process of obtaining indefinite leave to remain. But, for me, the spouse visa route is just too hard when you're overseas, and my OH has the possibility of transferring with his current employer so it's more straight forward for us.

hopeintoronto

Thank you so much for the replies! It's making more sense now.

I think we will also be looking at finding my husband-to-be a job first, and then getting his employer to sponsor him. He is a teacher and I believe there are a few programs which help Canadians to teach in the UK and obtain working visas. If anyone has experience of this - please let me know!!

Sorry, another question - if I was to have a job in the UK for £18,600 (which is unlikely...even down in the South not many employers will pay that to recent graduates!) would I still need to have £16k+ in savings, or is that only if my salary isn't as much as £18,600?

Former Laowai

Only if you're salary isn't as much as

englishguygoinghome

But you will also need to have earned at least the CAD equivalent of 18600 for 6 months before going back if you want your UK salary to be accepted.

Maltoo

Wait, what? You need to have a job that pays £18,600 or you have to have earned that much in a 6 month period??? I am totally confused now.

I thought you had to have a job lined up that would pay £18,600 a year but it sounds like you are saying the UK citizen has to be working in the UK for 6 months and has to have made the £18,600 in that time is that correct?????

Victor Meldrew

If you are returning from overseas, you have to prove that you have been in employment overseas that paid minimum £18,600 pa for at least the previous 6 months, plus you have to have proof of £16,000 in your bank for the previous six months, plus you have to have confirmation of a job in UK paying £18,600 which will start (I think) at the latest, 3 months after you enter.

If the job offer in UK is less than £18,600 (say it is £17,600) then you have to have additional savings equal to (I think) 2.5 times the shortfall - eg for a salary of £17,600 you would need an additional £2,500 in the bank.

Obviously if you have no job offer you need 2.5 x £18,600 in the bank plus the £16,000 = £62,500

If you are applying for your spouse while you are in UK, and they are not, you have to have the £16,000 in the bank, and have been in employment paying £18,600 pa for 6 months before they can enter.

That is my understanding of the situation.

I have called the UK Embassy in Abu Dhabi and spoke to a lady there who advised that there is no leeway in the rules.

Victor Meldrew

.... also does anybody know the answer to my earlier question:

If I rent out 2 rooms for total £700 pcm x 12 = £8400 pa, can this count towards my income total (I would have bank statements and a contract as proof)

Anybody in the know?