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Spouse Settlement - Financial requirement

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Marriage | Unmarried Partners | Fiancé | Ancestry

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applicant-uk
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Spouse Settlement - Financial requirement

Post by applicant-uk » Fri Nov 17, 2017 6:28 pm

Hi all,

I am in the process of sponsoring my wife who lives overseas. My annual income is above the legal threshold of 18.600. However, the monthly rent of the 4-bed house that I rent for the last 8 years is 1700. My solicitor thinks this might constitute a reason for HO to refuse on the grounds of "affordability" as the rent is remarkably higher compared to my monthly income. Some other solicitors that I consulted rule this out and claim that HO is only interested in our income, not outgoings.

I am deeply concerned about the issue and literally stuck at the moment. Any opinion and advice is greatly appreciated indeed!

Many thanks

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Casa
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Re: Spouse Settlement - Financial requirement

Post by Casa » Fri Nov 17, 2017 6:35 pm

CR001 wrote:
Mon Jul 03, 2017 7:55 pm
HO isn't interested in your outgoings and bank balance. They are only interested in your income/salary.
(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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CR001
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Re: Spouse Settlement - Financial requirement

Post by CR001 » Fri Nov 17, 2017 6:47 pm

So how do you afford this rental if it is higher than your income?

Do you rent rooms out and charge tenants rent? Is this 'rental income' declared to HMRC??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

applicant-uk
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Re: Spouse Settlement - Financial requirement

Post by applicant-uk » Fri Nov 17, 2017 7:16 pm

I also have self-employment since 2010. started sub-renting two of the rooms since May 2017 and instructed my accountant to include this in my tax return by January 2017. The two lodgers pay directly into my account. I do not receive the rents in cash. Should I ask my solicitor to contact my accountant and get a relevant documentation to include in our visa application?

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seagul
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Re: Spouse Settlement - Financial requirement

Post by seagul » Fri Nov 17, 2017 7:41 pm

To keep case straight preferably don't use self employment income & it's paper work if you can conveniently meet the income threshold by working. Because HO is only interested in required threshold and an unovercrowded property for overseas partner. They won't calculate outgoings which I think for those who meet requirement by public funds.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Settlement - Financial requirement

Post by applicant-uk » Fri Nov 17, 2017 8:53 pm

seagul wrote:
Fri Nov 17, 2017 7:41 pm
To keep case straight preferably don't use self-employment income & it's paper work if you can conveniently meet the income threshold by working. Because HO is only interested in required threshold and an unovercrowded property for overseas partner. They won't calculate outgoings which I think for those who meet requirement by public funds.
Thank you Seagul!
My solicitor still thinks that rent being too high will render our application refused.I am in a kind of predicament and don't know what to do. Called up at least 5 solicitors in London and 3 of them said "NO WORRIES" and 2 of them said yes this will be problematic. I am completely lost and frustrated with my solicitor.:(

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