Sponsor not working but applicant is and both outside UK??

[nickarbello]

Hi all. I've combed through the forum and even created an account in hope of figuring this out. The solicitors have been no help either. Heres my situation.....Please help and feel free to personal message me or email or anything..

I am a US citizen, my wife is a british citizen. We have a 2 month old british born child and now I would like to apply for settlement. I am aware it would be much to difficult to do so while we are still in the uk as I am on a 6 month tourist visa so I will have to leave to apply in the US. The problem is meeting the financial requirement....

We have both been in the UK for 6 months not working only living off savings. Before that we were both in the US with only me working having made more then £18600 the last financial year. We have even managed to have someone give my wife a contract of employment for when we return to the UK. The problem is that according to category B ( which Ive been informed by a solicitor to file as)... is that she still would have to show earnings for the last 6 to 12 months??? The problem is that I was the only provider for the last 2 to 3 years. I've been told by a solicitor that the HO will allow me to use my income as long as we filed our taxes jointly in the US and flew back to the UK together. The appendix does not say that anywhere.... here is what it says....

5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
 The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner;
 The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or
 The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.

It says nothing about being able to use the applicants income or joint tax return. The solicitor said that it would be discrimination to say that my wife couldn't stay home and me be the bread winner and therefor our joint income should be taken into consideration..

If he is correct how would I fill out the sponsor form ?

Any help would be great!! Thank you all!!!

[Casa]

Hi all. I've combed through the forum and even created an account in hope of figuring this out. The solicitors have been no help either. Heres my situation.....Please help and feel free to personal message me or email or anything..

I am a US citizen, my wife is a british citizen. We have a 2 month old british born child and now I would like to apply for settlement. I am aware it would be much to difficult to do so while we are still in the uk as I am on a 6 month tourist visa so I will have to leave to apply in the US. The problem is meeting the financial requirement....

We have both been in the UK for 6 months not working only living off savings. Before that we were both in the US with only me working having made more then £18600 the last financial year. We have even managed to have someone give my wife a contract of employment for when we return to the UK. The problem is that according to category B ( which Ive been informed by a solicitor to file as)... is that she still would have to show earnings for the last 6 to 12 months??? The problem is that I was the only provider for the last 2 to 3 years. I've been told by a solicitor that the HO will allow me to use my income as long as we filed our taxes jointly in the US and flew back to the UK together. The appendix does not say that anywhere.... here is what it says.... The solicitor is wrong Only your wife's overseas income will qualify.

5.4.3. Second, the couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
 The gross amount of salaried or non-salaried employment income overseas of the applicant’s partner;
 The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or
 The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.

It says nothing about being able to use the applicants income or joint tax return. The solicitor said that it would be discrimination to say that my wife couldn't stay home and me be the bread winner and therefor our joint income should be taken into consideration..

If he is correct how would I fill out the sponsor form ? What savings do you have? These can be held jointly. ?

Any help would be great!! Thank you all!!!

[nickarbello]

$22,000 held jointly. Not enough to qualify I believe??
He is essentially saying that because we were living together overseas we would be considered a single entity for purposes of income??

[Casa]

$22,000 held jointly. Not enough to qualify I believe??

Unfortunately not. At present $22,000 converts to £17006.80 and as the first £16,000 is disregarded you would only have just over £1000 to make up any shortfall in your wife's earnings.

From your post it appears that you will have to wait until your wife has 6 months of payslips + the corresponding bank statements showing that she is earning at least £18,600 in the UK.

I assume you have no property to sell in the US?

[nickarbello]

How about I list my wife as a partner in my company as I am self employed and own my own company in the states? She did do work with me last financial year and the business account is the same as our personal account??

[nickarbello]

Also, do the spousal visas or settlement applications require police reports from the home country of the applicant?

[CR001]

I believe you will have difficulty as you say you have both already been in the UK for 6 months.

No, police reports are not required as far as I am aware (I certainly didn't need one from my birth country).

[nickarbello]

Even though we made enough money in the other 6 months?

[CR001]

HO are keen to see the most 'recent' financial evidence. As you are in the UK as a visitor, who is running your company in your absence??

[nickarbello]

It really doesn't make any sense. I f we have more then enough money to travel freely and still not claim benefits why cant we not work for 6 months?? Why should we work for 12 months to make 50k when we can work for 6 to make 25k? It still is within the rule?

[Casa]

Even though we made enough money in the other 6 months?

Only your wife's income in the US in the 6 month period prior to submitting the application will qualify.

Also in addition to her US earnings you wife would required to show that she has a confirmed job offer in the UK to commence within 3 months of her arrival, again meeting the £18,600 p.a minimum earnings level.

[nickarbello]

No one is, I charge up to $1000 per day to do work in the US. Why would I need anyone to keep working. Isnt that enough?? My clients will wait for me.

[CR001]

Had you applied for a spouse visa initially (rather than come on a visitor visa), then yes, the most recent income, if wife had evidence of HER income, would have been accepted.

The requirement is for your spouse to provide evidence of their equivalent income of £18,600pa for the 6 months preceding date of application AND evidence of a job to start within three months of returning the the UK.

Edit : Beaten by Casa

[nickarbello]

The rules are absurd and only apply to people who live their lives in tiny boxes.
How about her claiming self employment and using the tax return to show she's earned enough?

[nickarbello]

hen I can blame that on the GOV.uk website that assured me I could apply once in the country

[CR001]

No one is, I charge up to $1000 per day to do work in the US. Why would I need anyone to keep working. Isnt that enough?? My clients will wait for me.

Suggest start thinking like HO and what they expect to see. If you claim your wife is your 'business partner', HO might expect to see 'continuity of business activity', especially if both of you have been in the UK for 6 months already.

They don't care how much YOU earn in the US. It is ALL about your spouse's income and evidence/proof in order for YOU to qualify for a spouse visa.

[CR001]

hen I can blame that on the GOV.uk website that assured me I could apply once in the country

The website doesn't state that you can apply in the country if you are here as a visitor if that is what you are referring to by the above.

The rules are there and tougher than before due to the abuse of the spouse visa route!

[nickarbello]

I know but as I stated we worked together last year, the last full financial year we would be using to prove we meet the financial requirements, and the tax return/business return was in both our names.

[Casa]

I know but as I stated we worked together last year, the last full financial year we would be using to prove we meet the financial requirements, and the tax return/business return was in both our names.

It won't cut it with the Case Worker as your wife left the US 6 months ago and is currently unemployed in the UK.

[nickarbello]

I was never informed by the "check if you need a visa" app that I was coming on a tourist visa. All it assured me was that 1. I DIDNT need a visa to enter and 2. I could enjoy a long stay with family up to 6 months. There was nothing said about not being able to extend that "long" stay as it referred to it as and definitely no mention to tourism as that was another option I did not tick.

[nickarbello]

But as ill be applying with her and my child from the us in a month there is no saying I cant say she is and has always maintained employment as partner with me in my company and we only enjoyed an extend vacation to visit family as indicated in your opinion and the HO opinion that I was there for tourism??

[nickarbello]

Unless there is a rule for how long you can vacate?

[Casa]

What about the mandatory confirmed job offer for your wife, starting within 3 months of arrival in the UK from the date your Spouse visa application is submitted?

[nickarbello]

Her father owns a large company and will be able to write up anything we need

[Casa]

Her father owns a large company and will be able to write up anything we need

The Case Worker is likely to see through that. Offers of 'employment' from family are highly scrutinised!