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Whose income can count for financial requirement?

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Naheedsammar
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Whose income can count for financial requirement?

Post by Naheedsammar » Fri Sep 21, 2018 4:45 pm

Hi there,
I really need help urgently please. Apologies in advance if I am posting on wrong thread...I am British citizen with four kids. My husband us on discretionary leave at the moment which is going to expire soon. We are planning to switch onto spouse visa. I am not working at the moment and I am claiming benefits too. He is working as self employee since couple of months and earning 20k per year. As per financial requirement will it be ok? And plz what other documents we need in order to get spouse visa using same day visa processinh service?

Any guidance in this regard is much appreciated...Thanks for your time...

Best Regards

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Casa
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Re: Whose income can count for financial requirement?

Post by Casa » Fri Sep 21, 2018 5:41 pm

How do you know that your husband will earn £20,000 p.a if he has only been self-employed for 2 months? When applying as self-employed, your husband will have to submit 12 months of earnings, with verified accounts.

The self-employed earnings are after all allowed business expenses have been deducted, In other words, the nett amount which HMRC use to calculate tax due.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Naheedsammar
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Posts: 105
Joined: Fri Nov 09, 2012 3:57 pm

Re: Whose income can count for financial requirement?

Post by Naheedsammar » Sat Sep 22, 2018 6:53 am

Thanks a lot for your valuable response. He is doing taxi and working 12 hrs shift that's the basis of 20k calculation. He gets money transferred into his account after all the deductions (expenses). Presumably it will be same for coming days. I do appreciate for the information provided that being self employee he needs 12 months income before he apply to switch his current visa.

Can you please guide me which other document we should have before we apply?

Best Regards

vinny
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Re: Whose income can count for financial requirement?

Post by vinny » Sat Sep 22, 2018 7:24 am

Read Appendix FM-SE.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Whose income can count for financial requirement?

Post by Casa » Sat Sep 22, 2018 10:02 am

Regarding allowable business expenses, isn't he intending to deduct the cost of fuel? When working as self-employed through companies such as Uber, the fuel costs are generally high and will reduce the nett earnings considerably. :idea:

Does he submit invoices to the taxi company :?:

Do read through Vinny's link for full information on the required self-employment evidence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Naheedsammar
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Re: Whose income can count for financial requirement?

Post by Naheedsammar » Sat Sep 22, 2018 3:07 pm

He doesn't submit any invoices to company. It's true that fuel costs are very high but he pays through card payment which is reflecting through the bank statement. Another major factor taking the big chunk of money away is insurance..what I understood from the conversation is that income should be £18,600.00 per year after all these expenses correct me if I am wrong. 🤔🤔🤔 it's mean the best option at the moment is to extend the discretionary leave rather then switch it onto spouse visa.
Is it less complicated if he works for someone else? In that case I suppose he just need past 6months income. isnt it ?
I am just trying to find out the best possible option.
Best Regards

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Casa
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Re: Whose income can count for financial requirement?

Post by Casa » Sat Sep 22, 2018 4:16 pm

[quote=Naheedsammar post_id=1684104 time=1537628826 user_id=81922]
He doesn't submit any invoices to company. It's true that fuel costs are very high but he pays through card payment which is reflecting through the bank statement. Another major factor taking the big chunk of money away is insurance..what I understood from the conversation is that income should be £18,600.00 per year after all these expenses correct me if I am wrong. 🤔🤔🤔 it's mean the best option at the moment is to extend the discretionary leave rather then switch it onto spouse visa. In my honest opinion, in the circumstances I believe it would be wise to extend the DL
Is it less complicated if he works for someone else? In that case I suppose he just need past 6months income. isnt it ?
I am just trying to find out the best possible option. Yes, if your husband is employed.
Best Regards
[/quote

You also need to consider that switching to FLR(M) will re-set your husband's immigration clock to zero, putting him on a new 5 year path to ILR.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Naheedsammar
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Posts: 105
Joined: Fri Nov 09, 2012 3:57 pm

Re: Whose income can count for financial requirement?

Post by Naheedsammar » Sat Sep 22, 2018 5:22 pm

Thanks a lot for your time and I do appreciate your prompt response. I really find this forum very useful for the people like me who don't want to waste time and money on solicitors.... after wasting a lots of money on solicitors i joined this forum and with the help of valuable guidance from the senior members I got this confidence to sort my family's immigration matters.

Best Regards

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Casa
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Re: Whose income can count for financial requirement?

Post by Casa » Sat Sep 22, 2018 9:12 pm

Naheedsammar wrote:
Sat Sep 22, 2018 5:22 pm
Thanks a lot for your time and I do appreciate your prompt response. I really find this forum very useful for the people like me who don't want to waste time and money on solicitors.... after wasting a lots of money on solicitors i joined this forum and with the help of valuable guidance from the senior members I got this confidence to sort my family's immigration matters.

Best Regards
You're very welcome. Many of us are simply paying forward the help we were given on the forum for our own or our family's immigration journey.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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