Spouse Visa: Combining sources of income

Hello,

My British wife and I are currently in the process of applying for a Spouse Visa for me. My wife is both self-employed and employed which means we will apply after April 5th 2020 so that the relevant last full financial year that applies to us is April 2019 - April 2020.

My question is does it matter what date I apply for the Visa after April 5th? In other words, when it comes to employment and the calculation of my wife's income, do UKVI calculate the income of the 12 months that are inside the financial year no matter when I apply? Or do they look at the last 12 months of employment at the time of application and count the payslips that are inside the relevant financial year and disregard the other payslips after April 2020?

With the first method I can apply whenever I want (before April 2021) but with the second method, I would have only a short window to apply between April 5th and April 28th (my wife's next salary which would count as 0 in that case).

Anyone has any idea about this? Any help is appreciated.

AliK221 wrote: ↑

Mon Mar 16, 2020 12:31 pm

In other words, when it comes to employment and the calculation of my wife's income, do UKVI calculate the income of the 12 months that are inside the financial year no matter when I apply?

Yes, only the income received during the period covered by the last full financial year (or average of the last two full financial years if using Category G) can be used towards the requirement, including any employment income that is being added.

AliK221 wrote: ↑

Mon Mar 16, 2020 12:31 pm

With the first method I can apply whenever I want (before April 2021) but with the second method, I would have only a short window to apply between April 5th and April 28th (my wife's next salary which would count as 0 in that case).

Sort of. You would also have to supply evidence of ongoing employment at the date of application as well as evidence of ongoing self-employment at the date of application.

"Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application."

Additional details in the guidance document linked below.

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

Thank you for the response.
I am aware that only income inside the financial year would be counted but my question is does it matter what date I apply as long as I apply between April 2020 and April 2021? If say I apply in July, would all the 12 months payslips inside the relevant financial year still be counted? Or only the payslips that are within 12 months of the time of the application? Because a lawyer I talked to seems to think the latter applies but it doesn't really make sense.

geoeng wrote: ↑

Mon Mar 16, 2020 12:45 pm

AliK221 wrote: ↑

Mon Mar 16, 2020 12:31 pm

In other words, when it comes to employment and the calculation of my wife's income, do UKVI calculate the income of the 12 months that are inside the financial year no matter when I apply?

Yes, only the income received during the period covered by the last full financial year (or average of the last two full financial years if using Category G) can be used towards the requirement, including any employment income that is being added.

AliK221 wrote: ↑

Mon Mar 16, 2020 12:31 pm

With the first method I can apply whenever I want (before April 2021) but with the second method, I would have only a short window to apply between April 5th and April 28th (my wife's next salary which would count as 0 in that case).

Sort of. You would also have to supply evidence of ongoing employment at the date of application as well as evidence of ongoing self-employment at the date of application.

"Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application."

Additional details in the guidance document linked below.

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

AliK221 wrote: ↑

Mon Mar 16, 2020 12:52 pm

I am aware that only income inside the financial year would be counted but my question is does it matter what date I apply as long as I apply between April 2020 and April 2021? If say I apply in July, would all the 12 months payslips inside the relevant financial year still be counted?

My understanding from the immigration rules is that the payslips associated with the relevant financial year would be included regardless of when you apply provided it remains a source of income at the date of application. My suggestion would be to read Section 9 of the guidance document to confirm your own understanding and then perhaps go back to the lawyer and ask why it is they think differently with some evidence to back it up.

Alright thank you!

geoeng wrote: ↑

Mon Mar 16, 2020 1:05 pm

AliK221 wrote: ↑

Mon Mar 16, 2020 12:52 pm

I am aware that only income inside the financial year would be counted but my question is does it matter what date I apply as long as I apply between April 2020 and April 2021? If say I apply in July, would all the 12 months payslips inside the relevant financial year still be counted?

My understanding from the immigration rules is that the payslips associated with the relevant financial year would be included regardless of when you apply provided it remains a source of income at the date of application. My suggestion would be to read Section 9 of the guidance document to confirm your own understanding and then perhaps go back to the lawyer and ask why it is they think differently with some evidence to back it up.