shan151179

Hi ,

I am new to this forum, I am seeking some help from this forum to help me out in applying UK spouse visa to my wife.

Here is my case:

I am holding British passport from the past 2 years and i am married to my wife 4 years ago. She was with me in UK for 2 years at that time i am on Tier-1 General visa and my wife was granted Tier-1 General Dependent Visa.

After 2 years of marriage , she got pregnancy and her wish to deliver first baby at her native place which is in India and i was ok for it because it is our first baby and needs some help from parents. After delivery due to some health problems not able to travel back and in the due course i was shifted to India and supported her by doing job at India.

Now she got recovered fully and I am back to UK, since i am holding passport i dont have any issues in coming and got a contract job which i will be joining in a weeks time. By now my wife got expired and now i am in the process of applying spouse visa as a dependent to a British Citizen.

As per the new rules, I have some doubts on Financial requirements section.
I have almost worked last 1.5 years in india with decent payscale which is equivalent to 25K GBP and i reached UK 20 days back and got a contract job. I was wondering how can i show this contract job as employment offer to home office to prove i have meet the financial requirement.

I have got all other documents required for Spouse visa
1. Marriage certificate
2. She traveled to UK after marriage with Tier-1 Dependent Visa
3. English language requirement met ( UK Naric Letter)
4. NHS records ( Conceived in UK )

5. I am staying with her in last 1.5 years at india ( my payslips and bank statements).

I was searching for a similar case like me but not able to find one.

Could someone help me out , what is the best way to prove the financial requirement under self-employment ( Category ). Many of friends confusing me that, i have to wait for 6 months to 1 year to show company Tax returns because you are about to start contract work for your start up limited company.

I believe that there should be a way to prove i have met the financial requirement.

If there are any options please guide / help me out.

Thanks in advance.

Your help is highly appreciated.

Kind Regards,
Shan.

SanDiegogirl

So your situation is that you worked in India and earned over 18,600 GBP for past 1.5 years.

You have been back in the UK for 20 days and have a contract job. You say that you are self employed.

If you are intending to apply under self employed category you will need to show a full year's financial figures for your company before you apply for the visa; and your net income for that year will have to show 18,600 GBP.

Read the following document carefully to see if you any other options for qualifying:

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

If you were not self employed you could apply under Cat A or B depending on what you are currently earning.

shan151179

Thanks for quick response.

Is it ok to show my last 12 month payslips which is over 18.6 K GBP and a contract job in hand to satisfy and apply under Cat A or B ?

SanDiegogirl

I don't know as I don't know what you are earning in your contract job; for how long; whether it is salaried or non salaried etc etc.

Thought you were self employed?

Have you read the document I linked for you to see if you qualify under either Cat A or B?

HKG3

Shan


Did your child born in India after you got British Citizenship?


If this is the case, your child is a British Citizen by descent and you should apply for the child's British passport using the link below -


https://www.gov.uk/overseas-passports


If you want to keep the child's Indian nationality, you can apply for a certificate of entitlement to be put into the child's Indian passport at the local British consulate. Please see link below -


https://www.gov.uk/right-of-abode


Please note, however, if your child born in India is not a British Citizen, the financial requirement for the whole family moving to the UK will increase as a result.

Tr1boy

Are you definitely setting up a Ltd Co? Would it not be better to through an umbrella company? You'll pay a bit more in tax but would effectively be an employee of the umbrella company and that paperwork for these purposes would much less complicated, wouldn't it?

Just a thought.

shan151179

Thanks for the reply.

I got a contract job and it is for 6 months daily rate 400 GBP perday. I have started limited company last week .

I have gone through the document, but i am confused bit on Cat A 5.2.3

"The applicant’s partner currently works in Australia but is returning with the applicant to theUK to work. The applicant’s partner has been with working for the same employer for the last 5 years in Australia earning a
gross annual salary of £25,000. The applicant’s partner has a confirmed job offer to start in the UK in 8 weeks of their return, with an annual starting
salary of £30,000. Therefore the applicant’s partner has both current gross annual salary and a futurestarting salary which meet the financial requirement under Category A. "

I hope in the above case they are talking about permanent role offer of 30K, here my case is contract job.

Will this be ok to satisfy the financial requirement?

shan151179

Hi , Thanks for the info.

I applied British Passport for my child and he got it.

I agree i need to show a minimum of 22.6 K as financial requirement .

shan151179

Hi Thanks for the reply.

Exactly I got the same thought, Is it only option available ?

I am exploring for other options if possible. I am thinking that my case is straight forward to satisfy financial requirement ( last 12 months payslips as Salaried employee ) and all other mandatory stuff.

Will it be a problem, if i show i started a Ltd Co and signed a contract with the client with so and so daily rate. As my start date is on 30th Aug , i will get my first invoice and payment on Oct 1st week.

Will home office can consider accountant statement saying that i will be getting around 30-40 K as per the signed contract?

Tr1boy

It might. I am not an expert on being self employed and am not in any requirement for spouse visa ( we did ours years ago) but I have just finished a 16mth period as a contractor.

I normally work normal permanent salaried positions, so I was new to contracting. I went with an umbrella company because I didn't think I'd be contracting that long ( I was extended. 3mths at a time). But I do remember the umbrella company telling me that I was their 'employee'

I'm really not experienced to say which way is best, hopefully someone will help in that regard but setting up with the umbrella company was very easy and quick. I paid about £28 per week for them to do all my PAYE/NI obligations.

I mainly went this way because I am rubbish with paperwork. Good luck

SanDiegogirl

Please read the following list of document you have to present to show that one is self employed:

7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross income as an average of those two years):
(i) annual self-assessment tax return to HMRC (a copy or print-out); and
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
(f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through evidence of payment of Class 2 National Insurance contributions, or (where the person has reached state pension age) through alternative evidence (which may include, but is not confined to, evidence of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company).
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.

If you can present these documents to show self employment then you can apply for the visa - if not, your application will be refused.

The authorities are not looking for what you might earn, they are looking for what you have earned.

HKG3

Shan

If your child is a British Citizen, he will not be part of the spouse visa application, so the financial requirement for your wife will still be £18,600.

shan151179

Ok Thanks . That makes sense.