Spouse Visa Help Needed !

[Masterixas]

Hi everyone. I will try to post my questions as short and organized as possible so that answers can equally be easy to absorb

1 I'm a British Citizen with residence in the UK, but who is at the moment living with my Ukrainian wife in Ukraine. As we plan to apply for the spouse visa from outside the UK and one of the question on the form is if the partner (me) is currently living in the UK or elsewhere, does it affect the process if I state that I'm currently living outside the UK? In other words is it better if I declare I'm living in the UK and perhaps move there during the process?

2. We have no dependent children so I must earn just about 18K to qualify for a granted spouse visa for my wife. As I'm self employed I have my tax returns SA302 for 2015-16 which is over 18K but the year 2016-17 I have not yet submitted my taxes as I have a dead line until 31st Dec 2017. Is it okay to use the last tax year or will that be a problem? Also I have savings over 20K.

3. If the entry visa is granted to my spouse and but we plan to move to the UK let's say in 8 months time it is an issue or not? Is there a set time frame which sets we must move to the UK within a limit time after visa is granted?

4. As said above we do not have any dependent children, but if after the visa is issued when we enter the UK my spouse if pregnant or perhaps would have already a child would or could the immigration border officer raise any issues due to the application being based on no dependents at the time?

5. I also hold an EEA passport but as I understand I'm not allowed that route if I also hold a British passport. However if I was to try the EEA route which seems faster, easier and cheaper, could the immigration pick up that I'm a British Citizen or could I have a chance to by pass under my EEA passport and request the EEA family permit for my spouse instead?

I hope my questions are clear and easy to reply to.

Thank you all in advance.

[physicskate]

Hi everyone. I will try to post my questions as short and organized as possible so that answers can equally be easy to absorb

1 I'm a British Citizen with residence in the UK, but who is at the moment living with my Ukrainian wife in Ukraine. As we plan to apply for the spouse visa from outside the UK and one of the question on the form is if the partner (me) is currently living in the UK or elsewhere, does it affect the process if I state that I'm currently living outside the UK? In other words is it better if I declare I'm living in the UK and perhaps move there during the process?

2. We have no dependent children so I must earn just about 18K to qualify for a granted spouse visa for my wife. As I'm self employed I have my tax returns SA302 for 2015-16 which is over 18K but the year 2016-17 I have not yet submitted my taxes as I have a dead line until 31st Dec 2017. Is it okay to use the last tax year or will that be a problem? Also I have savings over 20K.

3. If the entry visa is granted to my spouse and but we plan to move to the UK let's say in 8 months time it is an issue or not? Is there a set time frame which sets we must move to the UK within a limit time after visa is granted?

4. As said above we do not have any dependent children, but if after the visa is issued when we enter the UK my spouse if pregnant or perhaps would have already a child would or could the immigration border officer raise any issues due to the application being based on no dependents at the time?

5. I also hold an EEA passport but as I understand I'm not allowed that route if I also hold a British passport. However if I was to try the EEA route which seems faster, easier and cheaper, could the immigration pick up that I'm a British Citizen or could I have a chance to by pass under my EEA passport and request the EEA family permit for my spouse instead?

I hope my questions are clear and easy to reply to.

Thank you all in advance.

1.) How long have you been living in the UKraine? How are you self employed in the UK if living in Ukraine?? This is not a problem in an of itself as you are considered settled in the UK regardless of where you reside.

2.) Self employment categories are exceptionally complex and not my area of expertise per say. I don't think you can meet the self-employment rules from outside the UK though.... but you need to show 18,600 or more per annum after expenses but before taxes. Have a read of the detailed guidance but residency could well prove an issue here.

3.) You can only submit an application within 3 months of your intended move (although many applications take longer than this to process). Your wife would be issued a 30 day entrance vignette in her passport, during which time she would have to travel to the UK to pick up her BRP from a nominated post office - this BRP IS her visa.

4.) No issue. Your children would be UK by birth through you. They would need to enter the UK with a UK passport. You can only apply 3 months in advance anyway and most people are aware of pregnancy by 6 months and aware of travel restrictions with flights etc... and plan accordingingly? This is a non issue.

5.) In the eyes of the UK, your British citizenship supercedes all other citizenships which are disregarded for the purposes of UK migration. The EEA routes are not open to you as a consequence. Also Brexit may make things tricky with that regard. I wouldn't touch that with a barge pole if I were you (not that you can anyway).

[Masterixas]

Hi:

My business is based online only and I only need a computer and internet to work so basically I can work form any country as location does not apply to me. I'm in Ukraine now for 4 months, but I have not applied for a residency here as I can always enter with my British passport here and stay 3 months, then leave and enter with my EEA passport and stay another 3 months As soon as EEA passport is losing its touristic stay the British one is ready to proceed so basically I'm not in Ukraine as a resident but as a tourist. I do have also all my bank accounts and all other errands under an address in the UK which is my official UK home address.

My understanding is that I need to show that I earn more than 18,600 a year and as per the official tax documents my last P60 (SA302) is over that amount but as mentioned I have not yet submitted the 2016-17 year as I have until December 31st 2017 to do so. So in my view I believe I have all in place but would like to check it before making an application which is so expensive and demanding.

If this option is not viable, could I make a 1 year tourist visa for the wife, start to live there in the UK with her and then apply already from inside the UK for the settlement visa?

[physicskate]

Hi:

My business is based online only and I only need a computer and internet to work so basically I can work form any country as location does not apply to me. I'm in Ukraine now for 4 months, but I have not applied for a residency here as I can always enter with my British passport here and stay 3 months, then leave and enter with my EEA passport and stay another 3 months As soon as EEA passport is losing its touristic stay the British one is ready to proceed so basically I'm not in Ukraine as a resident but as a tourist. I do have also all my bank accounts and all other errands under an address in the UK which is my official UK home address.

My understanding is that I need to show that I earn more than 18,600 a year and as per the official tax documents my last P60 (SA302) is over that amount but as mentioned I have not yet submitted the 2016-17 year as I have until December 31st 2017 to do so. So in my view I believe I have all in place but would like to check it before making an application which is so expensive and demanding.

If this option is not viable, could I make a 1 year tourist visa for the wife, start to live there in the UK with her and then apply already from inside the UK for the settlement visa?

What you are doing in terms of leaving and re-entering and also working in the Ukraine would be illegal in the UK. UK tax is also based on where you are living. So I am not sure that you should be paying tax in the UK. Are you sure you aren't breaking Ukrainian laws by living and working there (even though are not working for a Ukrainian employer)?

Your wife could apply for a tourist visa, but would be granted a max stay of 6 months. She would not be allowed to 'live' in the UK on this visa, and would not be allowed to take a tenancy or undertake even voluntary work. Also she would have to prove to the ECO that she is not at risk of overstaying by show strong ties to her home country. I am skeptical as to whether or not she would be granted entry as a tourist.

Your situation is exceedingly complex with the tax issues, self-employment outside the UK, despite paying tax in the UK???? and beyond the realm of my expertise. Probably the easiest way to proceed is to move to the UK ahead of your wife and work for an employer for 6 months showing income exceeding £18,600pa equivalent.

I've probably given as much of my two pence as I have on your unusual situation...

[Masterixas]

I think the fact that I spend time outside the UK is not relevant as I'm self employed and as such I have freedom to travel for personal or business purposes. The important point here in my opinion is to prove whether or not I earn more than 18,600 a year all other particularities I don't think are worth mention on my application as I have all documents, accounts, and residence in the UK and I'm not permanently living outside the UK but just traveling, my official home and reside is in the UK.

The visitor visa is not an issue my wife already got 3 different visas to the UK before 2 for 6 months and one just for transit. She got also shehngen visas before and others so she got an exceptional visa record and never was denied and never overstayed in any situation.

I know I qualify to get her a visa what I do not know is if I can use the last year income together with my savings as this year tax still not closed until 31 Dec 2017 so my latest returns still for the year 2015-16 that is what I would like to know and not sure where I could call to have this question answered.

As for the visitor part I jut though as an option to her to move with me while we prepare her visa form already inside the UK. I'm aware she cannot apply for certain thing neither work although he have already a joint account in the UK.

Can you or someone refer a place where I could call to ask about the tax year situation?

Thanks