When to apply for spouse Visa

Charl1e wrote: ↑

Wed Jul 15, 2020 11:51 am

My rental income and savings would meet the financial requirement. But I am renting a home while letting out my own property. Is my rental income valid for the financial requirement?

Your advice's much appreciated

seagul wrote: ↑

Wed Jul 15, 2020 1:56 pm

Charl1e wrote: ↑

Wed Jul 15, 2020 11:51 am

My rental income and savings would meet the financial requirement. But I am renting a home while letting out my own property. Is my rental income valid for the financial requirement?

Your advice's much appreciated

If you are living elsewhere whilst earning rental income from the property which you own then provided you will neither intending to start living there soon nor after the grant of application as your main residence then your rental income will be counted. But you will have to deduct all the management fee (if any). Moreover, if you share that property with someone then only your sole share will be considered. Therefore, if all above is the case then it will be more easier with considerably reduced paper work along with cash savings in contrast to directorship.

Charl1e wrote: ↑

Wed Jul 15, 2020 2:08 pm

seagul wrote: ↑

Wed Jul 15, 2020 1:56 pm

Charl1e wrote: ↑

Wed Jul 15, 2020 11:51 am

My rental income and savings would meet the financial requirement. But I am renting a home while letting out my own property. Is my rental income valid for the financial requirement?

Your advice's much appreciated

If you are living elsewhere whilst earning rental income from the property which you own then provided you will neither intending to start living there soon nor after the grant of application as your main residence then your rental income will be counted. But you will have to deduct all the management fee (if any). Moreover, if you share that property with someone then only your sole share will be considered. Therefore, if all above is the case then it will be more easier with considerably reduced paper work along with cash savings in contrast to directorship.

Thank you for your input seagul. Is it because I am living in a house rented so I have to deduct all the management fee for rental income of my own property? Confusingly, I read it from the Family Migration Financial Requirement Guidance "The amount of rental income from property received before any management fee was deducted may be counted."

seagul wrote: ↑

Wed Jul 15, 2020 2:15 pm

Charl1e wrote: ↑

Wed Jul 15, 2020 2:08 pm

seagul wrote: ↑

Wed Jul 15, 2020 1:56 pm

Charl1e wrote: ↑

Wed Jul 15, 2020 11:51 am

My rental income and savings would meet the financial requirement. But I am renting a home while letting out my own property. Is my rental income valid for the financial requirement?

Your advice's much appreciated

If you are living elsewhere whilst earning rental income from the property which you own then provided you will neither intending to start living there soon nor after the grant of application as your main residence then your rental income will be counted. But you will have to deduct all the management fee (if any). Moreover, if you share that property with someone then only your sole share will be considered. Therefore, if all above is the case then it will be more easier with considerably reduced paper work along with cash savings in contrast to directorship.

Thank you for your input seagul. Is it because I am living in a house rented so I have to deduct all the management fee for rental income of my own property? Confusingly, I read it from the Family Migration Financial Requirement Guidance "The amount of rental income from property received before any management fee was deducted may be counted."

The place in which you are living on rent and its fee/rent won't be pertinent with your rental income. For instance if your property is managed by a letting agent who charges you some commission/fee, that is what will be relevant here. Also I believe that you must have declared your rental income to HMRC as well.

6.2. Property rental – further guidance
6.2.1. Appendix FM-SE specifies further requirements for property rental income:
20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i)
and paragraph 13(d)(ii).
6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be
counted. Income from a property that is rented out for all or part of the year (e.g. a
holiday let) can be counted.
6.2.3. Where the applicant and their partner are resident in the UK at the date of application,
rental income from a property in the UK cannot be counted as income if that property will
become the couple’s main residence if the application is granted.
6.2.4. Where the couple are returning to the UK from overseas, rental income from a property
in the UK that will become the couple’s main residence if the application is granted can
be combined with the applicant’s partner’s overseas employment income to meet that
part of the financial requirement. However, it cannot be combined with the income from
the applicant’s partner’s job offer in the UK as the couple’s home in the UK will no longer
be a source of income once the couple have returned here.

CR001 wrote: ↑

Wed Jul 15, 2020 2:24 pm

It is rental income before management fees, as the Appendix 1.7 (page 42) clearly states.

Presumably the mortgage is only in your name and not with another person.

https://assets.publishing.service.gov.u ... -ext_1.pdf

6.2. Property rental – further guidance
6.2.1. Appendix FM-SE specifies further requirements for property rental income:
20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i)
and paragraph 13(d)(ii).
6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be
counted. Income from a property that is rented out for all or part of the year (e.g. a
holiday let) can be counted.
6.2.3. Where the applicant and their partner are resident in the UK at the date of application,
rental income from a property in the UK cannot be counted as income if that property will
become the couple’s main residence if the application is granted.
6.2.4. Where the couple are returning to the UK from overseas, rental income from a property
in the UK that will become the couple’s main residence if the application is granted can
be combined with the applicant’s partner’s overseas employment income to meet that
part of the financial requirement. However, it cannot be combined with the income from
the applicant’s partner’s job offer in the UK as the couple’s home in the UK will no longer
be a source of income once the couple have returned here.

Charl1e wrote: ↑

Wed Jul 15, 2020 2:19 pm

seagul wrote: ↑

Wed Jul 15, 2020 2:15 pm

Charl1e wrote: ↑

Wed Jul 15, 2020 2:08 pm

seagul wrote: ↑

Wed Jul 15, 2020 1:56 pm

If you are living elsewhere whilst earning rental income from the property which you own then provided you will neither intending to start living there soon nor after the grant of application as your main residence then your rental income will be counted. But you will have to deduct all the management fee (if any). Moreover, if you share that property with someone then only your sole share will be considered. Therefore, if all above is the case then it will be more easier with considerably reduced paper work along with cash savings in contrast to directorship.

Thank you for your input seagul. Is it because I am living in a house rented so I have to deduct all the management fee for rental income of my own property? Confusingly, I read it from the Family Migration Financial Requirement Guidance "The amount of rental income from property received before any management fee was deducted may be counted."

The place in which you are living on rent and its fee/rent won't be pertinent with your rental income. For instance if your property is managed by a letting agent who charges you some commission/fee, that is what will be relevant here. Also I believe that you must have declared your rental income to HMRC as well.

Could you please advise where I can find the specific guideline regarding management fee?

CR001 wrote: ↑

Wed Jul 15, 2020 2:24 pm

It is rental income before management fees, as the Appendix 1.7 (page 42) clearly states.

Presumably the mortgage is only in your name and not with another person.

https://assets.publishing.service.gov.u ... -ext_1.pdf

6.2. Property rental – further guidance
6.2.1. Appendix FM-SE specifies further requirements for property rental income:
20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i)
and paragraph 13(d)(ii).
6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be
counted. Income from a property that is rented out for all or part of the year (e.g. a
holiday let) can be counted.
6.2.3. Where the applicant and their partner are resident in the UK at the date of application,
rental income from a property in the UK cannot be counted as income if that property will
become the couple’s main residence if the application is granted.
6.2.4. Where the couple are returning to the UK from overseas, rental income from a property
in the UK that will become the couple’s main residence if the application is granted can
be combined with the applicant’s partner’s overseas employment income to meet that
part of the financial requirement. However, it cannot be combined with the income from
the applicant’s partner’s job offer in the UK as the couple’s home in the UK will no longer
be a source of income once the couple have returned here.

seagul wrote: ↑

Wed Jul 15, 2020 2:31 pm

CR001 wrote: ↑

Wed Jul 15, 2020 2:24 pm

It is rental income before management fees, as the Appendix 1.7 (page 42) clearly states.

Presumably the mortgage is only in your name and not with another person.

https://assets.publishing.service.gov.u ... -ext_1.pdf

6.2. Property rental – further guidance
6.2.1. Appendix FM-SE specifies further requirements for property rental income:
20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee
was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of
application, rental income from a property in the UK that will become their main
residence if the application is granted may only be counted under paragraph 13(c)(i)
and paragraph 13(d)(ii).
6.2.2. Therefore, income from a room in the main residence rented to a lodger cannot be
counted. Income from a property that is rented out for all or part of the year (e.g. a
holiday let) can be counted.
6.2.3. Where the applicant and their partner are resident in the UK at the date of application,
rental income from a property in the UK cannot be counted as income if that property will
become the couple’s main residence if the application is granted.
6.2.4. Where the couple are returning to the UK from overseas, rental income from a property
in the UK that will become the couple’s main residence if the application is granted can
be combined with the applicant’s partner’s overseas employment income to meet that
part of the financial requirement. However, it cannot be combined with the income from
the applicant’s partner’s job offer in the UK as the couple’s home in the UK will no longer
be a source of income once the couple have returned here.

Many thanks I was already making the correction as couldn't edit previous post. Thanks

Charl1e wrote: ↑

Thu Jul 16, 2020 2:33 pm

Also the letting agent has deducted 2 months rent as letting agent fee. So there's no rent paid into my wife's account for the first 2 months. Can I count the first 2 months rent in the total income?

Many thanks

(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property
for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land
Registry (or overseas equivalent); or (2) A mortgage statement.
(ii) Personal bank statements for or from the 12-month period prior to the date of
application showing the rental income relied upon was paid into an account in the name of the person or of the person and their partner jointly. The bank statements
should cover the period for which the income is relied upon.
(iii) A rental agreement or contract.

seagul wrote: ↑

Thu Jul 16, 2020 2:50 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 2:33 pm

Also the letting agent has deducted 2 months rent as letting agent fee. So there's no rent paid into my wife's account for the first 2 months. Can I count the first 2 months rent in the total income?

Many thanks

To meet the financial requirement under Appendix FM the income need to have been tangibly earned/yielded which excludes any future income besides that income which could have been earned counterfactually (assumptive income). You will have to offset it by waiting 2 more months. Following evidence is needed:

(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property
for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land
Registry (or overseas equivalent); or (2) A mortgage statement.
(ii) Personal bank statements for or from the 12-month period prior to the date of
application showing the rental income relied upon was paid into an account in the name of the person or of the person and their partner jointly. The bank statements
should cover the period for which the income is relied upon.
(iii) A rental agreement or contract.

Charl1e wrote: ↑

Thu Jul 16, 2020 3:30 pm

seagul wrote: ↑

Thu Jul 16, 2020 2:50 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 2:33 pm

Also the letting agent has deducted 2 months rent as letting agent fee. So there's no rent paid into my wife's account for the first 2 months. Can I count the first 2 months rent in the total income?

Many thanks

To meet the financial requirement under Appendix FM the income need to have been tangibly earned/yielded which excludes any future income besides that income which could have been earned counterfactually (assumptive income). You will have to offset it by waiting 2 more months. Following evidence is needed:

(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property
for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land
Registry (or overseas equivalent); or (2) A mortgage statement.
(ii) Personal bank statements for or from the 12-month period prior to the date of
application showing the rental income relied upon was paid into an account in the name of the person or of the person and their partner jointly. The bank statements
should cover the period for which the income is relied upon.
(iii) A rental agreement or contract.

Hi seagul, as the Appendix 1.7 (page 42) states "The amount of rental income from property received before any management fee was deducted may be counted."

Doesn't that mean the first two months rent can be counted?

seagul wrote: ↑

Thu Jul 16, 2020 3:51 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 3:30 pm

seagul wrote: ↑

Thu Jul 16, 2020 2:50 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 2:33 pm

Also the letting agent has deducted 2 months rent as letting agent fee. So there's no rent paid into my wife's account for the first 2 months. Can I count the first 2 months rent in the total income?

Many thanks

To meet the financial requirement under Appendix FM the income need to have been tangibly earned/yielded which excludes any future income besides that income which could have been earned counterfactually (assumptive income). You will have to offset it by waiting 2 more months. Following evidence is needed:

(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property
for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land
Registry (or overseas equivalent); or (2) A mortgage statement.
(ii) Personal bank statements for or from the 12-month period prior to the date of
application showing the rental income relied upon was paid into an account in the name of the person or of the person and their partner jointly. The bank statements
should cover the period for which the income is relied upon.
(iii) A rental agreement or contract.

Hi seagul, as the Appendix 1.7 (page 42) states "The amount of rental income from property received before any management fee was deducted may be counted."

Doesn't that mean the first two months rent can be counted?

Personally I and most of us must never ever seen such agreement where letting agent keeps 2 months of rent as a management fee which usually is in certain percentage of the monthly/annual rent. Also another queered dilemma here is that since you own the property in your sole name and have active bank account then why are you receiving the rental income into your wife's account? Have you declared your rental income to HMRC as because UKVI most often liaise with them too.

Charl1e wrote: ↑

Thu Jul 16, 2020 4:06 pm

seagul wrote: ↑

Thu Jul 16, 2020 3:51 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 3:30 pm

seagul wrote: ↑

Thu Jul 16, 2020 2:50 pm

To meet the financial requirement under Appendix FM the income need to have been tangibly earned/yielded which excludes any future income besides that income which could have been earned counterfactually (assumptive income). You will have to offset it by waiting 2 more months. Following evidence is needed:

Hi seagul, as the Appendix 1.7 (page 42) states "The amount of rental income from property received before any management fee was deducted may be counted."

Doesn't that mean the first two months rent can be counted?

Personally I and most of us must never ever seen such agreement where letting agent keeps 2 months of rent as a management fee which usually is in certain percentage of the monthly/annual rent. Also another queered dilemma here is that since you own the property in your sole name and have active bank account then why are you receiving the rental income into your wife's account? Have you declared your rental income to HMRC as because UKVI most often liaise with them too.

The agent fee is a percentage of the total rent. Tenants pay rent to the agent every month, then the agent transfer the rent to us after any fee payable. Two months rent just cover their fee. The arrangement is documented in the letting service contract. And the agent has email me a chart explaining the cashflow. Would those material be submitted to support my claim of rental income?

The reason for rent paying into my wife's account is simply she wants to control the money

Yes, I am declaring the rental income to HMRC.

seagul wrote: ↑

Thu Jul 16, 2020 4:40 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 4:06 pm

seagul wrote: ↑

Thu Jul 16, 2020 3:51 pm

Charl1e wrote: ↑

Thu Jul 16, 2020 3:30 pm

Hi seagul, as the Appendix 1.7 (page 42) states "The amount of rental income from property received before any management fee was deducted may be counted."

Doesn't that mean the first two months rent can be counted?

Personally I and most of us must never ever seen such agreement where letting agent keeps 2 months of rent as a management fee which usually is in certain percentage of the monthly/annual rent. Also another queered dilemma here is that since you own the property in your sole name and have active bank account then why are you receiving the rental income into your wife's account? Have you declared your rental income to HMRC as because UKVI most often liaise with them too.

The agent fee is a percentage of the total rent. Tenants pay rent to the agent every month, then the agent transfer the rent to us after any fee payable. Two months rent just cover their fee. The arrangement is documented in the letting service contract. And the agent has email me a chart explaining the cashflow. Would those material be submitted to support my claim of rental income?

The reason for rent paying into my wife's account is simply she wants to control the money

Yes, I am declaring the rental income to HMRC.

As a last resort you may try that with a covering letter but I don't know whether will it succeed because as per the evidence checklist the rental income must reflect in the bank statements corresponds to the period reliant on. But owlishly waiting for another 2 months will be better option if the visa will remain valid.

Charl1e wrote: ↑

Fri Jul 31, 2020 11:10 pm

Dear member, I am currently on T1E visa with my wife as my dependant. The Visa is still valid for 2 years. I am eligible for ILR 10 years route now. Do I have to apply spouse visa for my wife when I apply for ILR? Can she keep on with the T1E dependant visa until its expiry date?

Charl1e wrote: ↑

Sat Aug 01, 2020 3:55 pm

Thank you for your reply, CULLINAN. So my wife can apply for spouse Visa after I received my ILR?

Charl1e wrote: ↑

Wed Nov 18, 2020 11:52 pm

Does she need to include the children in her spouse visa application as dependants?

seagul wrote: ↑

Thu Nov 19, 2020 7:21 am

Charl1e wrote: ↑

Wed Nov 18, 2020 11:52 pm

Does she need to include the children in her spouse visa application as dependants?

If you are registering your children as British then why would them being needed to be included as dependants.