Spouse Visa - Advice?

[cocobro]

Hey all,

I was just wondering if anyone can give me any advice on what would be the best method to pursue for my fiancée (soon to be wife) for getting permanent residency in the country. I will briefly outline our situation and things that may impact on visa eligibility, and any advice would be awesome!

I am 22 yrs old, studying a PGCE (Teacher training course) in Computing & IT. This is a full time course, and I receive a £25,000 bursary for the duration of this course. I also receive all the usual student finance, totalling around £10,000. I am also working self employed as a freelance academic writer, which usually gets me an extra £1,500 or so a month. Hopefully I will break the £18,600 financial limit with self employed earnings which should simplify things.

My partner is 20 yrs old, Canadian, and in her third year of university (in England) studying Film & Creative Writing. Her student visa is set to expire in October 2016. She does not work, and has never worked during her course. Her course was self-funded and all of that has been paid off (i.e - no debt to the school).

We have a one year old son, born Nov 11th 2014, who is a British citizen. We are getting married on January 2nd 2016, (which has cost around £10,000 basically proving that we are not doing it for the sake of a visa). We rent a 2 bed semi-detached house which the whole family lives in, and we have been living together since she came to England (so over 2 years now). I will finish my teacher training course in July, and hopefully go straight into my first year of teaching in September, on an NQT salary (whilst continuing self employed work).

I understand this is a lot of information to read, but any advice would be greatly appreciated. My two most important questions are;
Will one years of self employed earnings count for the £18,600 financial requirement, and will the bursary count towards it?
What are our next steps if I just fall shy of the financial requirement through self-employed. From April-October 31st I have made just over £14,000 - so I technically should make the amount.

Thanks for any help!

[cocobro]

Bump - If I am allowed to do this

[secret.simon]

Does your partner have a grandparent born in the UK? If she does, the easiest option would be to apply for an Ancestry visa.

Will one years of self employed earnings count for the £18,600 financial requirement, and will the bursary count towards it?

Self-employment earnings count, but you would want to read through the requirements of proofs for self-employment earnings. I believe that you will need accounts signed off by an accountant, etc. I do not believe that the bursary counts, but I could be wrong.[/quote]

What are our next steps if I just fall shy of the financial requirement through self-employed. From April-October 31st I have made just over £14,000 - so I technically should make the amount.

If her Tier 4 leave as a student expires and she does not have further leave to remain as your spouse, she will need to return to Canada and reapply when you do meet the salary requirements.

[Casa]

Bump - If I am allowed to do this

I hesitated in replying as I've been unable to find clear guidance on the acceptance of funds from a bursary. However, the only mention in the Immigration Rules is the following which may not be applicable:
6.1.8. Income from a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research received by the applicant’s partner or the applicant can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months, or for at least one full academic year, from the date of application or from the date on which payment of the grant or stipend will commence. Where the grant or stipend is paid
on a tax-free basis, see section 6.4. of this guidance for further information.

Regarding self-employment. The qualifying figure is the nett amount after business expenses have been deducted. i.e the earnings on which HMRC calculate tax due.

[cocobro]

Thanks a lot Casa, I am admittely useless with the whole self-employed stuff (as although I am self employed it is actually done through a company), so if I do not claim any business expenses then it will just be a matter of reaching the £18,600 requirement?

The bursary is on a tax free basis, so I am guessing it will need further information from section 6.4? I have no idea what document you have taken this from, if you could point my in the right direction maybe I could have a further look?

Also, does the fact that we have a British citizen son together have any influence on negative the financial requirement, as I read somewhere that it may do - but I did not know whether the website was legitimate or not?

Thanks a lot for the reply Casa.

[Casa]

Thanks a lot Casa, I am admittely useless with the whole self-employed stuff (as although I am self employed it is actually done through a company), so if I do not claim any business expenses then it will just be a matter of reaching the £18,600 requirement?

The bursary is on a tax free basis, so I am guessing it will need further information from section 6.4? I have no idea what document you have taken this from, if you could point my in the right direction maybe I could have a further look?

Also, does the fact that we have a British citizen son together have any influence on negative the financial requirement, as I read somewhere that it may do - but I did not know whether the website was legitimate or not?

Thanks a lot for the reply Casa.

Here's the link. A little light bedtime reading!
https://www.gov.uk/government/uploads/s ... t_2015.pdf

The fact that you have a son together doesn't allow any concession to the minimum income level, but as he holds British citizenship you don't have to include him in the calculation. i.e it remains at £18,600 p.a

[cocobro]

Hi Casa,

That is awesome, I never realised that was the case. On the basis of receiving a £25,000 tax free bursary for the entire academic year (started September 2015 - end June 2016) I could apply for the spouse visa now and not have to include any of the money from my self employed work?

[cocobro]

Couldn't find a way to edit post, but just had one last question/favour to ask Casa.

I think I know all the documents that we would need to send off, but could you point me in the direction of the relevant forms (as there seems to be loads of them).

And again, thanks so much for all your advice!

[physicskate]

Hi Casa,

That is awesome, I never realised that was the case. On the basis of receiving a £25,000 tax free bursary for the entire academic year (started September 2015 - end June 2016) I could apply for the spouse visa now and not have to include any of the money from my self employed work?

The guidance quoted above says the stipend must be payable for at least 12 months... so I don't think you can count it.

Can't believe you are working while completing the PGCE! You must be a glutton for punishment...

[cocobro]

It does say this though "period of at least 12 months, or for at least one full academic year". As it is for one full academic year, surely it will count?

And yeah I know, it is a handful but If I have to do it to reach the financial requirement then that's how it has to be .

[Casa]

Couldn't find a way to edit post, but just had one last question/favour to ask Casa.

I think I know all the documents that we would need to send off, but could you point me in the direction of the relevant forms (as there seems to be loads of them).

And again, thanks so much for all your advice!

Form FLR(M). https://www.gov.uk/remain-in-uk-family/apply
Postal application £649 or apply in person at a PSC for the premium rate of £1049. Bear in mind that if you feel there may be any queries regarding your application it would be better to apply by post as the case workers at the PSC don't have the level of authority to make a decision on any application that isn't 100% straightforward. Your wife will retain her legal status while the application is being processed.
She will also have to pay the NHS surcharge of £500 online before submitting her FLR(M) application.
https://www.gov.uk/healthcare-immigrati ... n/overview

You'll need to submit evidence of your self-employed earnings. You may want to explain more about how they are invoiced and paid. Also have you submitted a self-assessment tax return?

[physicskate]

It does say this though "period of at least 12 months, or for at least one full academic year". As it is for one full academic year, surely it will count?

And yeah I know, it is a handful but If I have to do it to reach the financial requirement then that's how it has to be .

Grrr I wrote out a lengthy reply but it somehow didn't post!

Basically, I believe this bit of the guidance is open to several different interpretations and I am not sure which one the decision is made from.

One interpretation:
You need to be in receipt of the stipend for at least (ie more than) one academic year.

Other interpretation:
You have to be in receipt of the stipend for an academic year after your application, and as this academic year is underway, would that mean next year?

[cocobro]

I have not submitted a self-assessment tax return yet, but if I can use the bursary as income requirement, do I still need to include the self employed earnings as these currently would not cover the £18,600 anyway.

Sending by post seems to be the best route for it then, and her student visa has until October 2016 so not a massive rush I guess. Apart from the form, all that needs to be included is identification and any supporting documents (bank statements etc..) right?

For the self employed, it is freelance writing through another company. So they receive all the writings for orders, and then you fundamentally 'bid' on work. Whatever you win/write between the 15th-15th will get paid at the end of the month by the company.

E.G - Between October 15th - November 15th I made £1,600, which will be paid into my bank account from the company on November 30th.

Hope that helps clear how it is invoiced and paid - but again, if I use the bursary does it matter?

[cocobro]

It does say this though "period of at least 12 months, or for at least one full academic year". As it is for one full academic year, surely it will count?

And yeah I know, it is a handful but If I have to do it to reach the financial requirement then that's how it has to be .

Grrr I wrote out a lengthy reply but it somehow didn't post!

Basically, I believe this bit of the guidance is open to several different interpretations and I am not sure which one the decision is made from.

One interpretation:
You need to be in receipt of the stipend for at least (ie more than) one academic year.

Other interpretation:
You have to be in receipt of the stipend for an academic year after your application, and as this academic year is underway, would that mean next year?

I completely agree, it is very hard to interpret. I looked at the whole paragraph which says

"The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months, or for at least one full academic year, from the date of application or from the date on which payment of the grant or stipend will commence."

If we look at the parts that I have highlighted, I think that represents my current situation. I am current receiving the bursary, will receive it for one academic year and it will be being paid from the date of application. I really hope it will be included as it would simplify things so much.

[cocobro]

Just thought of one last thing, would be great if someone could confirm as I am a bit unsure will all the information around.

Could I apply for this visa now, on the basis of bursary + self employed earnings. BUT, and my question, I got my first self employed pay check on April 30th, so have only been doing it for 7 months now. Do I need to wait until 12 months of self employed, or will they work out the average and multiply it by 12? (In those 7 months I have earned close to £15,000).

Any confirmation on this would be great.

[cocobro]

Could anybody confirm this? Do I have to wait at least 12 months to include the self employed earnings, or will the fact that over the first six months I earned well over £9,300 (combined with the fact I receive the tax free bursary) be enough?

I just want to know so I can start filling out the application form and preparing documents, as I would rather get this stress out of my mind when I would rather focus on my PGCE training .

Thanks in advance for any help.

[physicskate]

Could anybody confirm this? Do I have to wait at least 12 months to include the self employed earnings, or will the fact that over the first six months I earned well over £9,300 (combined with the fact I receive the tax free bursary) be enough?

I just want to know so I can start filling out the application form and preparing documents, as I would rather get this stress out of my mind when I would rather focus on my PGCE training .

Thanks in advance for any help.

https://www.gov.uk/government/uploads/s ... t_2015.pdf

9.1. Category F: Last full financial year
9.1.1.Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in self-employment, or is the director of a specified limited company in the
UK, at the date of application, they can use income from the last full financial year
to meet the financial requirement.
9.2. Category G: Average of last two full financial years
9.2.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in self-employment, or is the director of a specified limited company in the
UK, at the date of application, they can choose instead to rely on Category G. This
allows them to use an average of the income received in the last two full financial years
to meet the financial requirement.
9.2.2. A reference to the “average” of the income received in the last two full financial years in
Category G is a reference to the mean average.

As you have not yet worked for a financial year as self-employed, I would suggest you leave it out as you will not fulfill the requirement through this employment.

[insearchofmeaning]

I understand this is a lot of information to read, but any advice would be greatly appreciated. My two most important questions are;
Will one years of self employed earnings count for the £18,600 financial requirement, and will the bursary count towards it?
What are our next steps if I just fall shy of the financial requirement through self-employed. From April-October 31st I have made just over £14,000 - so I technically should make the amount.

Hi Cocobro, I don't know if you still check site but I would love to know if you found a solution to your problem! I am in a similar boat. Having just finished a job to start a School Direct course I'll be gaining £18,000 over the finanical year, half in wage, half in grant. Did your grant money ever get counted towards your application?

[ldneagle]

Hi guys,

My (South African) wife's renewal for her marriage visa (second set off 33 months) is coming up next year - In July.

However I'm considering leaving my job and taking a PGCE course to become a teacher whereby I'll receive a tax free bursary of £25,000.

My question is; can you sponsor a spouse from payments received (starting September 2017 and finishing July 2018) from a PGCE, as the bursary payments are higher than the £18,600 figure?

For clarity I'm British and we'll be applying for her visa extension in July 2018.

Thanks in advance.