Spouse Visa of a British Citizen - Rental Income

Hi,
Financial Requirement £18600.00
Category C: Rental Income
Applicant Age:66 Male
Wife is a British Citizen Age 49 and has four British children 2 Adults + 2 Minor
In India:5 Properties Commereical Property receive rent (1 Property Applicant+ 1 Property Join with Spouse+1 Property 2 Minor Child+ 2 Property 2 Adult Children) All Properties rent received in the Applicant Bank Account.

Income from April 2022 to March 2023
Details of Rental income from India commercial property GBP

Application Rent Receive in India =£20,789.10 Approx.

Wife British Citizen Rent receive from India =£3,361.25 Approx.

Minor Children live with wife in UK Rent received from india =£9,112.50 Approx.

Saving in UK Account £20000-16000/2.5=£1,600.00 Approx.

Chartered Accountant has prepared Applicant Accounts and in the computation & Tax Returns in Rental Income, Accountant added Applicant Income+Minor Children+One Adult child income Total income £33262.00 as there is no Tax ID for the children.
Wife Tax Returns income Declare:£20789.10
We have all details Property Purchase Documents+Rental Agreement+Tax Returns
Please advice does it's accepted by the HOME OFFICE.

I do not think that the documentary requirements will be met with the details you have provided above.

Appendix FM-SE: Family Members Specified Evidence wrote: Evidence of Financial Requirements under Appendix FM
10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided:
(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 income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
(iii) A rental agreement or contract.

I do not think that the rental income of either the two minor children or of property owned by the two minor children can be taken into consideration.

The rental income needs to come only from property owned by the applicant and their partner, not their children.

Indeed, my reading of that sentence is that if the property is owned partially by anybody other than the applicant and their partner, the income from that property can't be taken into account.

I am sure that there were valid reasons (probably tax reasons) for structuring the spread of assets in this way, but I doubt that it will be acceptable for a UK spousal visa application.

You may need to take both an immigration lawyer's and a UK tax lawyer's advice on such an application.

adil8uk wrote: ↑

Fri Jul 28, 2023 9:45 pm

there is no Tax ID for the children

That will sound very odd to a British ECO, as National Insurance numbers (the UK's tax ID numbers) is typically generally automatically issued to a person near their 16th birthday, and in the US, Social Security Numbers are typically issued at birth.

The applicant may have to explain why the two minor children do not have any tax ID when their income seems to be multiples of their mother's.