SPOUSE VISA - Rental Income Paid into a different account

[rush001]

Hi,

I am in the process of applying for spouse visa for my wife and looking to supplement my employment income with the rental income I get from properties that i jointly own with my family.

I understand that only my share of the rental income will be considered. The figures still work out.

My problem is that the rent actually get paid into my dad's bank account. We do live together and manage the properties together and most of the expenses are set to get out from his account anyway, which is why we set the rent payments that way. Also, some tenants pay in cash.

I do have evidence for ownership (title deed from LR, mortgage statements), tenancy agreements and HMRC docs( year overview, sa302, tax return).

FM-SE insists the rental income should have come into my bank account.

Do you think the above evidence with, perhaps, a few letters (explaining the circumstance, third party owners's confirmation etc.) would be acceptable?

Any help is greatly appreciated. Thanks in advance.

[rush001]

Bump!

Any help please?

[KONG1987]

I was just granted my visa yesterday based on rental income. I am not an expert but I would answer as much as I can.

Yes evidence of ownership is needed, Title deed or Mortgage statement, contracts, but for the tax returned it didn't say it's needed but I had included mine. As it's my business earning my living. All are in my name.

But in your situation, you own it jointly and the rent paid into your dad's account. Can you verify that? Like how much rent paid, and is there any transaction out from your dad's account to your personal account?
And when the tenant paid in cash, did you deposit into the bank account? If not, it can't be counted.
You have to get the bank statement and clarify all movement of the money. Only the money of your share can be counted. And the money should be in your account.

Letters explained your circumstance, third party owner these are good to include. But the best thing is you have to be able to clarify or match up all the transaction on your statement so they see you meet the financial requirement.


My income is from Airbnb, all transactions from Airbnb match up with ones in the bank statement. So that's easy.

[rush001]

Hi KONG1987,

Thank you for your help.

I can verify my share of rental income via tenancy agreements (with my name as landlord and details of exact rent)and tax returns (clearly showing income and tax paid on my share of the rental) but none of the money actually end up in my personal bank account. I never needed to use any of the rental income personally, so I never bothered asking for my share.

So, bottom line, if the money never ends up in my own personal bank account, is there no way to show this rental income?

Also, if i do have to set up all the payments on my account, do i HAVE to wait 12 months or can i use 6 months income if that will suffice the financial requirements?

[KONG1987]

The thing is the tenancy agreements say one thing but your rent goes to your dad's account which you can't access to that account easily. At the end of the day, you can't access to your dad's account independently or jointly at least. I think the first thing they will look at is the money and all other stuffs are to support.

So, bottom line, if the money never ends up in my own personal bank account, is there no way to show this rental income?

Unfortunately, NO. Unless you could access to the bank account independently or jointly. Even you receive cash from the rental, you have to put in the bank account. This is the same rule as self-employed when they receive cash in hand, they only have to put it in their account. Otherwise, there is no way to check.

I am not sure the rules of Bank of England, can you check if you can put your name in your dad's bank account? So you can access to the money? To make it jointly account? Just an idea tho, I don't know if you can do it here. And you will have the third party form to verify the bank account.

Also, if i do have to set up all the payments on my account, do i HAVE to wait 12 months or can i use 6 months income if that will suffice the financial requirements?

According to 6.1.4. The asset owned at the date of application does not need to have been owned for 12
months prior to the date of application, but it must have been a source of income for at
least part of that 12 month period. For example, the asset is owned at the date of
application, has been owned for the last 3 months and has been a source of income
during that period of 3 months: that income can be counted towards the financial
requirement

So I think it's the same logic. If you think you can't verify the money for the whole 12 months. Part of the 12 months periods prior to the date of application can be counted. So 6 months will do.


I hope my language does not make you feel confused.