SET(M) Questions

s.najaa · Post by **s.najaa** » Fri May 17, 2013 12:17 pm

Hi everyone can you please help me i came to uk at the end of the last year on my spouse visa so basicly i only have to spend 2 years to apply for ILR but the problem that i have is that i spent las year about 4 months in my original country and i went bk to uk and i had a baby , and now due to some issues that i have in uk im spending another 3 months in the second year which is the last year of my spouse visa so will that affect their decision eventhough i have a baby?

thank you

Post by **vinny** » Fri Oct 25, 2013 12:04 am

s.najaa wrote:Hello everybody i have few questions i hope you guys can help me plzzz

I'm on my spouse visa I came on 30 December 2011 and the visa will expire on the 24march 2014 am just wondering when is the best time to apply.
Also I have been outside the UK the first year for about 4months ,2months together and the other time separate and in the second year I hv been out for about 3months together will that affect my application?
Another question plz my husband sells things on eBay am just wondering how can he show that he is working and for how many months??
Thank you very much for the help in advance:).

Post by **Amber** » Fri Oct 25, 2013 7:52 am

Absences should be limited and for good reason. Only absences over 6 months are required to be declared on SET(M) I believe. Thus, I'd not think it would be an issue.

If he's eBaying, how much does he earn per month? Is he registered as self employed with HMRC is the money paid into the bank? Do you work?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 12:29 pm

Hello thanks alot for you reply basically we were looking at the documents needed for the settlement and at the point of the finances they mentioned this:

Your finances

Please tick the relevant section to indicate the source of the finances you and your partner are relying on to
adequately maintain yourselves and any dependants without recourse to public funds (see Note 7 also). You must
provide sufficient and recent evidence for each source you are relying on for a full consideration to be made.

1.Recent bank account/building society statements
and pay slips evidencing employment for you and/
or your partner.

2.Official documentation confirming receipt of public
funds (including the amounts paid) and corresponding
bank account/building society statements showing
receipt of public funds.

3.Bank account/building society statements evidencing
any savings of you and/or your partner.

4.Any other evidence of maintenance.

so is that means that he can show that he has savings and thats fine?otherwise why would they say that?

also i dont work as i look after my baby.

Post by **Amber** » Fri Oct 25, 2013 12:37 pm

Savings should suffice, I assume we are talking about £000s?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 12:42 pm

my husband is saying about £2000 what you think?

Post by **Amber** » Fri Oct 25, 2013 12:43 pm

There is no figures set down as it's all about adequate maintenance, are you saying his is not registered withHMRC?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 1:37 pm

no actually he is not will that be a problem?

Post by **Amber** » Fri Oct 25, 2013 1:53 pm

Well yes it may be, the Home Office and HMRC do correspond. Why is he not registered? As to evade paying tax?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 2:37 pm

he just cant be bothered registering with them why would they refuse just cos that saying that your husband isnt registered with hmrc therefore we r refusing it?

Post by **Amber** » Fri Oct 25, 2013 2:39 pm

Well no but, they could inform the HMRC he is potentially evading tax, depending on the amount he earns from eBay and whether he has another job. Do you work?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 6:42 pm

no i dont work as i mentioned before but i hope i can find a job from home as i have a baby to look after .
well he doesnt have another job he is only selling things on ebay but i just wanna make sure that they wont refuse just cos he is not registering with the hmrc??

Post by **Amber** » Fri Oct 25, 2013 6:48 pm

Is he claiming child benefit and tax credits? Note that for WTC his self-employment eBay work may count depending on the number of hours he works. He should register as self-employed if he is, that is what I'm telling you!

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 7:33 pm

he used to claim for jobseeker allowance but he stopped that about 2 weeks ago i know that he should do but to do with my settlement when am going to apply for it i just wanna know plz would the saving be allright if he shows them when its gonna come to finances to support me also would they refuse it just cos he is not registered as selfemployed?

Post by **Amber** » Fri Oct 25, 2013 7:39 pm

If you have a child he should be claiming Child Benefit and Tax credits to help show adequate maintenance. £2000 savings may suffice. Really they shouldn't refuse on a financial basis. However, he needs to sort out his employment status. If they ask where the savings come from what would you say?

s.najaa · Post by **s.najaa** » Fri Oct 25, 2013 11:02 pm

i dont know really cos am planning to apply in person which is gonna cost £400 more but i just cant bo bothered waiting too long cos it may take up to 6months. so if i apply in person would they ask where the savings come from?

s.najaa · Post by **s.najaa** » Sat Oct 26, 2013 11:42 pm

Helloo?

Post by **Amber** » Sun Oct 27, 2013 6:52 am

So neither of you work and you don't know where the savings come from? Doesn't sound good. How much does he earn per week roughly from his eBay?

s.najaa · Post by **s.najaa** » Sun Oct 27, 2013 10:16 am

no its not i dont know where r the savings coming from its from his job from the things he sells on ebay he might be making about £400 to £500 a week roughly , am just thinking he cant say that he is working without being registered with the hmrc isnt?

s.najaa · Post by **s.najaa** » Sun Oct 27, 2013 10:19 am

also another question please basically if am applying can my husband still claim for any benefits will that affect my application?

Post by **Amber** » Sun Oct 27, 2013 11:10 am

He should be registering with the HMRC, I can't really comment anymore on that as it may be deemed tax evasion.

He can claim benefits that he is entitled to, but again they are usually dependent on his income, which he doesn't declare which again could be benefit fraud.

Post by **Amber** » Thu Nov 07, 2013 5:37 pm

s.najaa wrote:Hello everybody am just wondering am trying to book an appointment to apply in person for settlement visa but i couldnt find any dates in the 5months but they didnt give me many cities just about 5 cities do you have any ideas of where can i find available dates

Post by **Amber** » Thu Nov 07, 2013 5:37 pm

You can only book 6 weeks in advance.

s.najaa · Post by **s.najaa** » Fri Nov 08, 2013 12:14 am

allright i didnt know that i got scared i thought there are no dates available so if i try to book 6 weeks in advance that i will definetly find dates or it depends on if they have available dates?

Post by **Amber** » Fri Nov 08, 2013 7:24 am

You should fine dates, also check daily as slots are added due to cancellations etc...

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