ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Financial Requirement Question

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Wunderace
Newly Registered
Posts: 3
Joined: Sun Jan 19, 2020 9:36 am

Financial Requirement Question

Post by Wunderace » Sun Jan 19, 2020 10:03 am

Hi all,

I'm hoping someone might be able to help me here.

I'm a UK Citizen and US Green Card Holder with a US Citizen wife and 2 children (US Citizens but also UK Citizens as I'm their father - just US passports for the kids right now but will apply for UK passports).

We are about to travel to the UK to see how my family likes living there. We are considering staying there full time but I will continue to return to the US periodically in order to maintain my Green Card.

I understand the best way to apply for a Spousal Visa is from outside the country, so we were planning on doing that before entering the UK, just in case we choose to remain.

I am applying online and it all went well until the financial requirement section:

1. I am a self employed business owner of an LLC in the US.
2. I am going to continue to work for my US business remotely while living in the UK
3. I therefore have no plans to be employed in the UK
4. My only cash savings that I've had for 6 months are in my 401k/US Pension which I can withdraw (we bought a house 6 months ago and everything went in to that, although we're planning on selling the house now)
5. I have other cash available to me, but it's not been in my account for 6 months

I am lucky enough to more than meet the salary expected for the financial requirement, but in order to input this information on the online application I have to enter my employment type as self employed, employed, or to have pensions or savings.

But herein lies the problem:

-If I input self-employed the online form asks me to provide tax forms/reference numbers for UK self employed businesses which I don't have as my business is in the US - I have US tax returns/EIN number etc.

-If I declare myself as employed (which technically I am an employee and the owner of my business as I pay myself a salary, and cash bonuses/distributions outside of my monthly salary), it asks for a reference letter from my employer (technically me) detailing a number of things.

I'm not sure what to do in order to move forward with the application - I assume declare myself employed and provide evidence from my lawyer that I'm the sole owner of the business along with payslips/how long I've been employed etc but I'm hoping someone can shed some light for me.

My only alternative is to not apply for the Visa and wait until I've had adequate savings in my account for 6 months and then apply. But I think I can only do that from outside of the country. Ideally I don't want to have to leave the country to do so.

Can anyone provide a bit of advice on the best path forward for me please? I'll visit an immigration lawyer to make sure, but keen to know if there is a straightforward answer before I do.

Thanks so much!

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Financial Requirement Question

Post by seagul » Sun Jan 19, 2020 2:30 pm

Wunderace wrote:
Sun Jan 19, 2020 10:03 am
.

My only alternative is to not apply for the Visa and wait until I've had adequate savings in my account for 6 months and then apply. But I think I can only do that from outside of the country. Ideally I don't want to have to leave the country to do so.
This would be more straightforward way but if you will get the sale proceeds from the property then you even don't need to wait for 6 months. Also if you have some friend/relative in UK possessing sufficient sized property and willing to support you in providing the necessary documents such as title deeds/mortgage statement or noc letter then you can continue to live with your family in US and apply from there.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Wunderace
Newly Registered
Posts: 3
Joined: Sun Jan 19, 2020 9:36 am

Re: Financial Requirement Question

Post by Wunderace » Sun Jan 19, 2020 4:34 pm

Thanks for your reply I appreciate it!

We will get the sales proceeds from the house here in the US but I was planning on moving to the UK while we sell it. So the proceeds won’t land in our account before we are in the UK.

I also do have a relative in the UK who has sufficient property. Does that mean I can continue to apply right now from the US using the relative as kind of a financial sponsor?

Also is there no way we can just fly to England in a week let’s say and apply for the spouse visa when we’re there?

Thanks once again I really appreciate it

User avatar
CR001
Moderator
Posts: 86826
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Financial Requirement Question

Post by CR001 » Sun Jan 19, 2020 4:43 pm

I also do have a relative in the UK who has sufficient property. Does that mean I can continue to apply right now from the US using the relative as kind of a financial sponsor?
You can't use a third party for financial sponsor. Only you as the British spouse can sponsor with income or savings in either your and your spouse name.
Also is there no way we can just fly to England in a week let’s say and apply for the spouse visa when we’re there?
No. You cannot apply to switch to a spouse visa within the UK if your spouse is here as a visitor. The rules do not permit this.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: Financial Requirement Question

Post by seagul » Sun Jan 19, 2020 4:50 pm

Wunderace wrote:
Sun Jan 19, 2020 4:34 pm
Thanks for your reply I appreciate it!

So the proceeds won’t land in our account before we are in the UK.
Then better to let your other cash savings be older to 6 months
Wunderace wrote:
Sun Jan 19, 2020 4:34 pm
I also do have a relative in the UK who has sufficient property. Does that mean I can continue to apply right now from the US using the relative as kind of a financial sponsor?
Your relative can only assist you in meeting the accomodation requirement which isn't mean of financial sponsorship. You cannot use his funds/savings. [/quote]
Wunderace wrote:
Sun Jan 19, 2020 4:34 pm
Also is there no way we can just fly to England in a week let’s say and apply for the spouse visa when we’re there?

Thanks once again I really appreciate it
No. Spouse visa need to be applied from outside the UK.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Wunderace
Newly Registered
Posts: 3
Joined: Sun Jan 19, 2020 9:36 am

Re: Financial Requirement Question

Post by Wunderace » Sun Jan 19, 2020 4:58 pm

Thanks all for the clarification it's REALLY helpful.

My final question is to ask if there's any way for me to use my income in the U.S. over the last year to meet the finance requirement (bearing in mind that I'm going to continue to work for my US company and receive income from it)?

Moon Lantern
Newly Registered
Posts: 17
Joined: Sat Jan 11, 2020 9:23 am

Re: Financial Requirement Question

Post by Moon Lantern » Sun Jan 19, 2020 9:37 pm

The only thing I can suggest (and please take this with a pinch of salt), is can you put that you're self employed and then put the US tax reference numbers, and file your US tax returns?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Financial Requirement Question

Post by physicskate » Sun Jan 19, 2020 10:08 pm

Wunderace wrote:
Sun Jan 19, 2020 10:03 am

We are about to travel to the UK to see how my family likes living there. We are considering staying there full time but I will continue to return to the US periodically in order to maintain my Green Card.

I understand the best way to apply for a Spousal Visa is from outside the country, so we were planning on doing that before entering the UK, just in case we choose to remain.

4. My only cash savings that I've had for 6 months are in my 401k/US Pension which I can withdraw (we bought a house 6 months ago and everything went in to that, although we're planning on selling the house now)
5. I have other cash available to me, but it's not been in my account for 6 months

My only alternative is to not apply for the Visa and wait until I've had adequate savings in my account for 6 months and then apply. But I think I can only do that from outside of the country.

Thanks so much!
A few red flags here. Please consider where you will be considered tax resident. You will need to abide by the UK rules for self-employment (mostly taxes and filing self-assessment).

You won't be considered employed. Self employment is not a straightforward category at all. I am not entirely sure it can be used to immigrate on a spouse visa.

Savings would be far more straightforward. It really is your best (and perhaps only) chance of meeting the financial requirement.

Be careful too, as you might be considered to have abandoned your greencard:

https://www.uscis.gov/green-card/after- ... -residence

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
The reason for your trip;
How long you intended to be absent from the United States;
Any other circumstances of your absence; and
Any events that may have prolonged your absence.
Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
Declare yourself a “nonimmigrant” on your U.S. tax returns.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Financial Requirement Question

Post by geoeng » Mon Jan 20, 2020 8:42 am

I would also agree that the cash savings route would likely be an easier path. While use of self-employment income in the US could be used towards meeting the financial requirement, I don't believe continuing that self-employment in the US can and that UK income (including prospective UK income) would be required. Relevant paragraphs of the financial requirement guidance document listed below:

"9.3.5. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, this may include work undertaken overseas, subject to the couple meeting the requirement in paragraph E-LTRP.1.10 of Appendix FM that they intend to live together permanently in the UK and subject to the other requirements of Appendix FM-SE being met."

"9.5.2. Where the applicant’s partner is in self-employment overseas and is returning with the applicant to the UK to work, they may rely on continuing their self-employment in the UK or on a confirmed offer of employment in the UK in order to meet the financial requirement. Therefore, if their self-employment income overseas is sufficient to meet the financial requirement, they can also provide evidence either:
• That their self-employment is ongoing and will be continuing in the UK; or
• Of a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. (The specified evidence and calculation for this is explained in section 5 of this guidance)."

"In respect of prospective self-employment in the UK (for an applicant’s partner or parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of Appendix FM, is in self-employment outside the UK at the date of application and is returning to the UK to continue that self-employment), one of the following must be provided, with a starting date within three months of the person’s return to the UK:
(a) An application to the appropriate authority for a licence to trade;
(b) Details of the purchase or rental of business premises;
(c) A signed employment contract or a signed contract for the provision of services; or
(d) A partnership or franchise agreement signed by the relevant parties to the agreement."

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Locked
cron