Income requirement - salaried employment and self-employment

[mvm1286]

Hi All,

I am currently here on a Tier 2 visa which will reach the full 6 years in September 2019. My employer is unable to support my ILR application because of the £35k salary rule and I am exploring ways to move forward. I first entered the UK in September 2010 as a Tier 4 student, then switched to Tier 1 PSW in 2011, then on to Tier 2 in 2013. By the time my current visa expires in 2019, I will have been in the country for 9 years.

When I first brought this topic up under the Tier 2 forum (under Teacher31, forgot my password, ugh), CR001 suggested I explore the Unmarried Partner visa. After some initial gathering of information, I think this may be the right path but am seeking advice to be sure before I proceed.

My partner and I have been together since May of 2015. He is a British citizen. We moved in to a rented property together in December of 2016. He is self-employed and I am in full-time employment in the UK and my current salary is £24,936. We do not have children.

If anyone can answer the following questions with any degree of certainty I would greatly appreciate it:
1) Can I switch into this visa category from Tier 2?
2) I believe I will be eligible to apply for this because by the time I can apply (28 days before my current visa expires, 09/2019) we will have been living together for almost 2.5 years. Because we will have been living together for that long, we do not need to be married or in a civil partnership. Is this correct?
3) The combined salary requirement is £18,600 and my salary can be used to cover this because I work in the UK. My partner is self-employed. My currently salary (£24k) should be allowed to cover the maintenance requirement, yes?

If all of the above are correct, then:

4) What kinds of documentation will I need to show proof of us living together? I'm assuming it's things like bills with both of our names on, the tenancy agreement for our house, council tax bills etc.

5)Once I've been on the family visa for a minimum of a year, will I then be able to apply for ILR on the 10 year route?

Is there anything that I'm missing?

Thank you so much for any help you can provide.

[CR001]

1) Can I switch into this visa category from Tier 2?

Yes, but you don't qualify for this visa unless you have 24 months of 'living together in a relationship akin to marriage' with documented evidence to prove this. There is no discretion regarding the 24 months of living together.

2) I believe I will be eligible to apply for this because by the time I can apply (28 days before my current visa expires, 09/2019) we will have been living together for almost 2.5 years. Because we will have been living together for that long, we do not need to be married or in a civil partnership. Is this correct?

Yes. You can apply as soon as you have 24 months evidence of cohabitation.

3) The combined salary requirement is £18,600 and my salary can be used to cover this because I work in the UK. My partner is self-employed. My currently salary (£24k) should be allowed to cover the maintenance requirement, yes?

You can use only your salary to meet the financial requirement as you are applying within the UK. It is an 'income' requirement and NOT a 'maintenance' requirement.

4) What kinds of documentation will I need to show proof of us living together? I'm assuming it's things like bills with both of our names on, the tenancy agreement for our house, council tax bills etc.

Read through page 60 - 64 of the FLR(M) form to understand what HO expects to see. https://www.gov.uk/government/uploads/s ... -04-17.pdf

5)Once I've been on the family visa for a minimum of a year, will I then be able to apply for ILR on the 10 year route?

Yes, 10 years starts counting form the date you entered the UK and as long as you meet ALL the requirements, you should be fine.

[mvm1286]

Hi everyone,

Following the advice I’ve received on this forum and from an immigration solicitor, my fiancé and I will be applying for the family visa in January 2019. I am currently on Tier 2 with a salary of £26k and have worked for the same employer on a permanent contract for over 7 years. My visa expires in September 2019. We had planned on applying for this visa on the basis that we will have been living together in the same rented accommodation for 2 years as of 20 December 2018. We are also engaged to be married and have already registered our intent to marry (Aug 2019) with the Home Office, which has been approved. My immigration solicitor advised me to apply for the visa as soon as we are eligible rather than waiting until my current visa expires so that my salary could be taken into account.

I’m just slightly confused about the salary requirement. My fiancé is self-employed, drawing income from teaching at several independent sector schools and from his professional playing career as a musician. His self-employment earnings over the last few years have nearly doubled what I earn, so between both of us we more than cover the £18,600 threshold. When we apply for this visa, do we combine our incomes with the relevant proof or do I just use my salary? It would certainly make the application less complicated.

Thanks for any advice you can give.

[seagul]

If I am in your place then only rely on my tier 2 income because its far better and easier to prove than self employed income where an extensive list of documents need. In case of tier 2 income you will only need 6 months of payslips & bank statements with employment letter.

[CR001]

my fiancé and I will be applying for the family visa in January 2019. I am currently on Tier 2 with a salary of £26k and have worked for the same employer on a permanent contract for over 7 years.

You cannot apply for the Family route visas if you are a tier 2 visa holder.

You must apply for a Tier 2 dependent visa which DOES NOT have a minimum income requirement of £18,600pa. The only requirement is to prove £630 maintenance funds for 90 days.

[mvm1286]

Hi cr001.

I'm not sure you're correct. Where does it say that you can't switch from tier 2 to the family visa? You've actually advised me in the past to do this as my tier 2 work visa was due to expire and I can't apply for ILR through tier 2 because I don't meet the 35k threshold. My fiancé is a British citizen, hence applying for the family visa.

[CR001]

Topics merged!

announcements/multiple-posts-will-be-lo ... t5722.html

For financial requirement, you only need to use your salaried employment if you meet the requirement.

[mvm1286]

Thanks very much for the advice.
One more question:

On the gov.uk page for the Family Visa, it states that if you are applying as a fiancee, you have to marry within 6 months of arriving in the UK and that you won't be able to work during your engagement.

Does this apply to me as I'm already in the UK under tier 2 and have been working for the last 7 years? Surely this only apply to those who are entering the UK for the first time, right?

[Londoner007]

Its for the applicant not the sponsor

[CR001]

Thanks very much for the advice.
One more question:

On the gov.uk page for the Family Visa, it states that if you are applying as a fiancee, you have to marry within 6 months of arriving in the UK and that you won't be able to work during your engagement.

Does this apply to me as I'm already in the UK under tier 2 and have been working for the last 7 years? Surely this only apply to those who are entering the UK for the first time, right?

You aren't applying for a fiance visa, which isn't possible within the UK anyeay.

You are applying for a 2.5 year unmarried partner visa which and not a short 6 month visa.

[mvm1286]

Thanks again for the advice. One final question (for now, anyway) :

Is there any benefit at all of including my British fiancé 's salary on the application form in addition to my tier 2 salary which already exceeds the income requirement?

[CR001]

Thanks again for the advice. One final question (for now, anyway) :

Is there any benefit at all of including my British fiancé 's salary on the application form in addition to my tier 2 salary which already exceeds the income requirement?

No there is not. You would only be Complicating the application with their self employed income which requires a lot more documentation than normal salaried employment

[seagul]

If I am in your place then only rely on my tier 2 income because its far better and easier to prove than self employed income where an extensive list of documents need. In case of tier 2 income you will only need 6 months of payslips & bank statements with employment letter.