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Spouse Visa - Salay / Child Tax Credit / Housing benefit

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cheekyvirgin
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Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Mon Jul 18, 2016 8:26 pm

I am a British citizen and applying for my spouse visa extension. I earn around 16k a year and through some self employment work each year.

i have 3 kids who are British citizen and receiving child tax credit and some housing benefit topup, wondering if that will effect on her visa ?

Thanks

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Casa
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Re: Child Tax Credit / Housing benefit

Post by Casa » Mon Jul 18, 2016 8:35 pm

cheekyvirgin wrote:I am a British citizen and applying for my spouse visa extension. I earn around 16k a year and through some self employment work each year.

i have 3 kids who are British citizen and receiving child tax credit and some housing benefit topup, wondering if that will effect on her visa ?

Thanks
Do you only earn £16,000 a year? :?: Is your spouse working?

In order not to affect your spouse's visa application, child tax credits must be claimed in JOINT NAMES and housing benefit can only be awarded for a single person + 3 children. Child benefit must be claimed in your name only.
Have you made the local authority aware that your spouse has no recourse to Public funds?
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Re: Child Tax Credit / Housing benefit

Post by CR001 » Mon Jul 18, 2016 8:37 pm

Child tax credits MUST be claimed in JOINT names with your spouse.

HB should be single person + kids rate only.

What application are you submitting for your spouse if you do not meet the financial requirement.

Edit : beaten by #casa :wink:
Char (CR001 not Casa)
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cheekyvirgin
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Re: Child Tax Credit / Housing benefit

Post by cheekyvirgin » Mon Jul 18, 2016 9:58 pm

CR001 wrote:Child tax credits MUST be claimed in JOINT names with your spouse.

HB should be single person + kids rate only.

What application are you submitting for your spouse if you do not meet the financial requirement.

Edit : beaten by #casa :wink:
I am apply for spouse visa extension FLR M, i have earned 16k as employed and and other income from self employed to make up the threshold of £18600.

I am combining my employed and self employed earnings.

Is that ok ?

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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by CR001 » Mon Jul 18, 2016 10:04 pm

For self employed, it is the amount after tax and expenses that is counted and you need to submit your SA302 etc.
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by Casa » Mon Jul 18, 2016 10:10 pm

Char, I believe for self employment it's the amount after business expenses have been deducted, i.e the nett amount on which HMRC will calculate tax due, but before tax has been deducted.
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by CR001 » Mon Jul 18, 2016 10:10 pm

Ahh, ok thanks casa :oops:
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Casa
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by Casa » Mon Jul 18, 2016 10:12 pm

CR001 wrote:Ahh, ok thanks casa :oops:
No prob. :wink:
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by CR001 » Mon Jul 18, 2016 10:15 pm

Casa wrote:
CR001 wrote:Ahh, ok thanks casa :oops:
No prob. :wink:
I am allowed to get it wrong sometimes, as long as you don't put me in the 'naughty corner' :wink:
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cheekyvirgin
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Mon Jul 18, 2016 10:17 pm

Casa wrote:Char, I believe for self employment it's the amount after business expenses have been deducted, i.e the nett amount on which HMRC will calculate tax due, but before tax has been deducted.
Yes i have made Apps and designed a website for someone and got paid around £6k in total.

My only confusion is that this self employment work was carried in June and got paid in July 2016 and one invoice would be paid next month and applying October.

Self Employments is for year 2016/2017 what proof have to provide to home office and obviously tax is due next year !!!

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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by Casa » Mon Jul 18, 2016 10:25 pm

My understanding is that in order to include self-employed earnings you need to submit a self-assessment tax return for the last full tax year.
(If I'm mistaken it'll be my turn for the naughty step) :roll:

Have you registered with HMRC?
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by Casa » Mon Jul 18, 2016 10:43 pm

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.

and
9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended. A
self-assessment tax return may include provisional figures, where the return explains
why this is so and how the figures were arrived at, and in which case a covering letter
explaining this and how any provisional figures tie in with other material submitted, e.g.
audited or unaudited accounts, may be helpful. This means that a sponsor wishing to
rely on earnings from self-employment as a sole trader, as a partner or in a franchise will
need to arrange to file their self assessment tax return to HMRC on a timescale geared
to meeting this requirement of the Immigration Rules rather than the deadline set for UK
tax purposes.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

cheekyvirgin
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Mon Jul 18, 2016 11:42 pm

Casa wrote:My understanding is that in order to include self-employed earnings you need to submit a self-assessment tax return for the last full tax year.
(If I'm mistaken it'll be my turn for the naughty step) :roll:

Have you registered with HMRC?
I wasn't self employed last year so what can be done in regards ? can't show anything from previous year and only become self employed with HMRC in June 2016 which is the current tax year !

cheekyvirgin
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Mon Jul 18, 2016 11:58 pm

Casa wrote: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.

and
9.3.3. The evidence submitted must cover the relevant financial year(s) most recently ended. A
self-assessment tax return may include provisional figures, where the return explains
why this is so and how the figures were arrived at, and in which case a covering letter
explaining this and how any provisional figures tie in with other material submitted, e.g.
audited or unaudited accounts, may be helpful. This means that a sponsor wishing to
rely on earnings from self-employment as a sole trader, as a partner or in a franchise will
need to arrange to file their self assessment tax return to HMRC on a timescale geared
to meeting this requirement of the Immigration Rules rather than the deadline set for UK
tax purposes.
In this scenario my understanding are before i apply for the visa i should submit self assessment for this year ? but don't know whether they will take this in to account because tax is due by 2017

Or a letter from accountant confirming all earnings would satisfy the home office.

My earning from September 2015 to September 2016 from employed income will be £16k and from self employment is £6k from June 2016 - September 2016.

Please advice.

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ILR1980
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by ILR1980 » Tue Jul 19, 2016 1:25 am

You must be self employed for at least one year as they are mostly refusing application for people who are showing all evidences /self assessment but were not self employment for at least one year

Also your earning from employment will count if earned within same financial year as self employment

cheekyvirgin
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Tue Jul 19, 2016 1:32 am

ILR1980 wrote:You must be self employed for at least one year as they are mostly refusing application for people who are showing all evidences /self assessment but were not self employment for at least one year

Also your earning from employment will count if earned within same financial year as self employment
Can you advice what option are left for me as self employment earned from June 2016 >


Please advice generously.

Thanks

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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by ILR1980 » Tue Jul 19, 2016 2:04 am

cheekyvirgin wrote:
Can you advice what option are left for me as self employment earned from June 2016 >


Please advice generously.

Thanks
My friend i can be as generous as you want but it does not depend on my generosity but whether ECO dealing with your application will be flexible or not .

You are in salaried or non salaried employment? care to share your last 6 months earning in employment? Have you got saving?

secondly if you want to take risk of combining self employment with job earning even when you are in self employment for less than year then you will be on mercy of ECO

cheekyvirgin
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by cheekyvirgin » Tue Jul 19, 2016 2:29 am

My friend i can be as generous as you want but it does not depend on my generosity but whether ECO dealing with your application will be flexible or not .

You are in salaried or non salaried employment? care to share your last 6 months earning in employment? Have you got saving?

secondly if you want to take risk of combining self employment with job earning even when you are in self employment for less than year then you will be on mercy of ECO
Prior to application my earnings will be £8000 in last 6 months and it's form non salaried employment.

I have got 9k in savings.

As far as i know i can still register for self employment from previous year and tax deadline is in october 2016 but cant prove the bank transaction cos only happened in this month.

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Casa
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Re: Spouse Visa - Salay / Child Tax Credit / Housing benefit

Post by Casa » Tue Jul 19, 2016 9:11 am

The ECO will disregard the £9,000 as only savings over £16,000 will be considered.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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