Possibly overthinking this.
#1
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Joined: Jan 2022
Posts: 1
Possibly overthinking this.
Hi all.
I have been looking over the handbook for the spousal visa, and have a question about my personal circumstances as they relate to the income portion.
I recieve compensation payments for an injury I recieved at work in my current country, having spoken to the issuing company I am told that if I should move to a foreign country (in my case the UK) the payments would continue, but that it is likely that, unlike my current country of residence, I would have to declare them as income to the income and tax authority and will likely end up paying tax on them within the UK since the payments are issued from outside the country.
However, the handbook for spousal visas lists accepted income sources, and makes a statement to the effect that any source not listed cannot be used. My question is would these compensation payments be considered income and be usable to help fulfil the spousal visa?
My gut feeling is it is a no, not being income from an employer within the UK it falls into the "if not listed then it doesn't count" category. I am hoping that if I have to declare the payments as income with HMCR then it may count as income and I am missing something in the wording. I was also pondering if it could be counted as a pension, as foreign pensions are explicitly stated as counting towards the income requirement, however I doubt this too as these payments are a compensation rather than a pension.
I know this is probably best asked to a immigration lawyer, but I was hoping I could get some idea of my options here.
Many thanks.
I have been looking over the handbook for the spousal visa, and have a question about my personal circumstances as they relate to the income portion.
I recieve compensation payments for an injury I recieved at work in my current country, having spoken to the issuing company I am told that if I should move to a foreign country (in my case the UK) the payments would continue, but that it is likely that, unlike my current country of residence, I would have to declare them as income to the income and tax authority and will likely end up paying tax on them within the UK since the payments are issued from outside the country.
However, the handbook for spousal visas lists accepted income sources, and makes a statement to the effect that any source not listed cannot be used. My question is would these compensation payments be considered income and be usable to help fulfil the spousal visa?
My gut feeling is it is a no, not being income from an employer within the UK it falls into the "if not listed then it doesn't count" category. I am hoping that if I have to declare the payments as income with HMCR then it may count as income and I am missing something in the wording. I was also pondering if it could be counted as a pension, as foreign pensions are explicitly stated as counting towards the income requirement, however I doubt this too as these payments are a compensation rather than a pension.
I know this is probably best asked to a immigration lawyer, but I was hoping I could get some idea of my options here.
Many thanks.
#2
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,618
Re: Possibly overthinking this.
https://assets.publishing.service.go...equirement.pdf
Non-employment income Category C: Non-employment income – requirements: Page 37 of above document.
The following are sources of non-employment income which can be counted towards the financial requirements under Cat C:
• ongoing insurance payments
• ongoing payments from a structured legal settlement
If your compensation are either of the above then they could be used in the financial requirements. They would be taxed in the UK as I understand.
Non-employment income Category C: Non-employment income – requirements: Page 37 of above document.
The following are sources of non-employment income which can be counted towards the financial requirements under Cat C:
• ongoing insurance payments
• ongoing payments from a structured legal settlement
If your compensation are either of the above then they could be used in the financial requirements. They would be taxed in the UK as I understand.