Tax Credits & Settlement Visa Advice

If I (UK resident since Birth) receiving Tax Credits to boost my income, and my spouse (a resident out of the EU) applies for the UK Spouse Visa, will this have any adverse affect on the issue of the UK Spouse Visa?

- I got married few months ago, outside the EU
- According to the Tax Office I am Single still (Haven't got round to contacting them)
- My spouse is still outside the EU, due to Visa eligibility criteria

Any advice on what I should do?

Hope the question makes sense,

Thanks for your time.

f I (UK resident since Birth) receiving Tax Credits to boost my income, and my spouse (a resident out of the EU) applies for the UK Spouse Visa, will this have any adverse affect on the issue of the UK Spouse Visa?

On the contrary the receipt of the Tax Credits increases your total income and therefore makes it more likely the spouse visa will be issued. However as you don't tell us how much you are earning and how much Tax Credits you are receiving it is impossible to comment upon whether you have enough total income.

According to the Tax Office I am Single still (Haven't got round to contacting them)

Why do you think you need to contact them? As regards income tax there is no longer any Married Couple's Allowance (except for some elderly), and if you are talking about Tax Credits, there is no need to contact them before your wife arrives in the UK. When she does arrive in the UK, then yes you must tell the Tax Credits office.

I earn around £250 Gross, and around £220 net every week.
I receive £52 per week from Tax Credits so around £270 per week in total.

Why do the Home Office require this to be declared on my spouse's visa form? and will this have any adverse outcome on the application...

Note: I contacted the Tax office today, and they also advised that it's an assessment on you and its what your entitled to, and should not have any affect on my spouses application.

But what i don't get is why do I need it, and on what occasion would it be declined?

They want to know your total income, the number of people you support, and the source of the income. That means they can check it, and then work out if there's enough to support all of you without recourse to public funds.

I have also built up some savings since being in full time employment as I was out of work for three months prior to finding work, and have since being working with the company for 10 months now.

Just need as much advise as possible.

The savings will help as well.

Iman230 wrote:I earn around £250 Gross, and around £220 net every week.
I receive £52 per week from Tax Credits so around £270 per week in total.

Two questions ..... firstly how much are your housing costs? Mortgage/rent + Council Tax?

Secondly ...... if the gross is £250 per week, why is the net as much as £220? Simply, that does not compute! On £250 per week the NI contributions would be £15.40, and the tax about £25.00.

No housing costs as living with parents, give my parents some cash but its more cash in hand for things, other than that, i have no expenses.....

This is it

271.41 gross 224.26 net (Ni 17.75 & taz 29.40 - 47.15

tax cred - £52

So you do have housing costs! How much? The fact that it is paid in cash makes no difference.

Your pay figures .... so the gross is bigger than you said, and the net is smaller .... but the figures you now give do make sense.

I give around £30 a fortnight towards anything my parent want to put it towards. And around £25 per week goes on Travel costs and Lunching, and the rest is on a ad-hoc basis.

Iman230, based upon what you have posted, the financial test is passed.

But now, what thought has been given to the accommodation test? If the spouse visa is granted, where is it intended that you and your wife will be living?

If with your parents, assuming the visa is granted, how many adults will be living there? And how many children, and as regards children, their ages?

Also, and you may need to grab a tape measure, excluding Spam, bathroom and toilet, whatever their size, how many rooms in the place exceed 50 square feet in size?

So to Confirm John

1. The fact that I am receiving Working Tax Credits should not have any effect on my Spouse's application for a VISA for the UK?
and my Wages and approximated costs are more than suffice.

2. Yes, will be living with Parents (The Parental Home) is a Housing Association home, where my parents pay rent

3. There are 5 bedrooms, 1 Room where my brother and his wife have (Large room on a third floor) another room where my parents stay (second floor), an individual room for my niece (8), another room where my two young nephews (2 and 10) stay and finally my own room where me and my spouse will stay. (We are in the process of recieving a letter confirming I can bring my spouse to stay)

4. What documents need to be Certified by a solicitor? From my side?

Note: Not sure on the sizes of the rooms, but My brothers room, my parental room and my own room are the biggest in size.

Unless you answer my questions it is impossible to say whether the accommodation test is passed, or not.

I think you are talking about just bedrooms, but I wasn't!

John wrote:Iman230, based upon what you have posted, the financial test is passed.

But now, what thought has been given to the accommodation test? If the spouse visa is granted, where is it intended that you and your wife will be living?

Living with me at my parental home

If with your parents, assuming the visa is granted, how many adults will be living there? And how many children, and as regards children, their ages?

6 adults including me and my spouse 2 Children Ages 10 and 8 and 1 Infant aged 2

Also, and you may need to grab a tape measure, excluding Spam, bathroom and toilet, whatever their size, how many rooms in the place exceed 50 square feet in size?

5 rooms exceed 50 Sq Ft.

OK, so it terms of this UKBA document if there are 5 "counting rooms" then it is OK to accommodate up to 10 people.

And you will have 6 adults + 3 children = 7.5 people, so it looks like the accommodation is not overcrowded as defined.

John wrote:OK, so it terms of this UKBA document if there are 5 "counting rooms" then it is OK to accommodate up to 10 people.

And you will have 6 adults + 3 children = 7.5 people, so it looks like the accommodation is not overcrowded as defined.

I did some more measuring and these are the rooms. I have been advised that to get the square feet you need to multiply the L x W is this correct if it is then these are the revised accommodation measurements.

1. Parental Room - 12ft x 8ft = 96 Sq Ft
2. Brother & Wife Room - 16ft x 13ft = 208 Sq Ft
3. My room - 12ft by 9ft = 108 Sq Ft
4. Niece Room - 10ft x 7ft = 70 Sq Ft
5. Nephew(s) Room - 9ft x 7ft = 63 Sq Ft

1st Living Room - 12ft x 12ft = 144 Sq Ft
2nd Living Room - 12ft x 12ft = 144 Sq Ft

So total rooms = 7 that are over 50 Sq Ft
6 adults
3 children between age 1-10

So Can you correct me on the calculating of the measurements, and the accommodation test again?

And what do I need to request of the Housing Association for them to provide me with evidence for this matter? What do I actually need to say to them?

Note:

Another thing I forgot to mention John, is that my Spouse has previously been to the UK for Studies, which she stayed at a relatives place and studied for 1 Year, before returning back home, it was at this point half way through her studies that our relationship began.

- She has a UK National Insurance No.
- And a UK Bank account with some cash

Now on the finances section point 5.10 can she advise the Home Office of this to aid the Visa, and if me or even her father were to make a contribution to this account, can it be used towards the application? Additionally she has a Foreign bank account where she has some or little savings too. Please advise

Also
8.7.12 - Savings - How much could I show to aid me? I have built up savings of around £5000.00. Will this help? is it Suffice for my spouse application?
8.7.13 - Public Funds/benefits - refers to what we were discussing earlier regarding Working Tax credits?

7 "counting rooms" ... even better!

Savings of both of you .... they can only help.

Why are you delaying? Based upon what you have posted, there is no need to delay making the application for the spouse visa. Get preparing it!

John wrote:7 "counting rooms" ... even better!

Savings of both of you .... they can only help.

Why are you delaying? Based upon what you have posted, there is no need to delay making the application for the spouse visa. Get preparing it!

My Spouse is yet to turn 21, She will do so by Mid June 2011, thus my delay. As Visa Applications can only be made once the applicant is 21 or over.

and you did not answer my question John, see previous points.

My Spouse is yet to turn 21, She will do so by Mid June 2011

It would have been good to have mentioned that earlier!

and you did not answer my question John, see previous points.

Which question?

John wrote:

My Spouse is yet to turn 21, She will do so by Mid June 2011

It would have been good to have mentioned that earlier!

and you did not answer my question John, see previous points.

Which question?

The Following

1. What documents need to be Certified by a solicitor? From my side?

2. I have been advised that to get the square feet you need to multiply the L x W is this correct if it is then these are the revised accommodation measurements.

3. Another thing I forgot to mention John, is that my Spouse has previously been to the UK for Studies, which she stayed at a relatives place and studied for 1 Year, before returning back home, it was at this point half way through her studies that our relationship began.

- She has a UK National Insurance No.
- And a UK Bank account with some cash

Now on the finances section point 5.10 can she advise the Home Office of this to aid the Visa, and if me or even her father were to make a contribution to this account, can it be used towards the application? Additionally she has a Foreign bank account where she has some or little savings too. Please advise

Also
8.7.12 - Savings - How much could I show to aid me? I have built up savings of around £5000.00. Will this help? is it Suffice for my spouse application?
8.7.13 - Public Funds/benefits - refers to what we were discussing earlier regarding Working Tax credits?

Thanks again - You are a star John.

Are you sure you should be getting tax credits?

You can't be getting the child part (sounds as if you have no children). Are you over 25, or disabled?

avjones wrote:Are you sure you should be getting tax credits?

You can't be getting the child part (sounds as if you have no children). Are you over 25, or disabled?

1. I am not receiving CHILD tax credit, I am receiving WORKING Tax Credit, which was assessed by the Tax Office (The Children are not mine), they stay with me in the same house since they are my Brother's children.

2. I am exactly 25 Years old and I am not disabled

If you are getting tax credits because of children (you must also be getting child benefit?) that completely changes the amount of money you need to show. You'll need to show you can support yourself, wife, and the children as well.

I assumed you were getting working tax credit, not child tax credit, because I thought you had no children.