spouse visa income requirements

[stuartsko]

Hi all, just written a letter to my MP about the income requirements. I have not done this to get my application overturned, i'm fully aware I have to re apply.. I just wanted to raise some points... Just thought I'd let anyone interested in having a read give me some feedback before I send it... Regards Stu

Edit: I have removed the file as it contains too many identifying details, name of author and his company. Feel free to post it again after moving these details.

Edited April 10, 2014 by theoldgit
File deleted

[liddelljohn]

Hi Stuartsko ,, what happened to you and so many others is an outrage ,, i think your letter hits it on the head but the slimy politicians and blunkett is no exception will say you opened yourself to blame by using an agent , so they can push you out of their minds ,, sorry to be so brutal but i have had similar experiences ,, i can show earnings in excess of £45k + but as i am freelance it does not count .i even own a mortgage free £400k house in Uk and other assets , and my Thai spouse has Thai assets of over £150k that does not count either ,, she has a long term vistor visa but after 17 years we cant get a spouse visa even though our daughterwas born in UK the whole thing stinks ..and its not just the tories ,, labour is equally culpable in denying ritish citizens human rights . whilst opening the flood gates to all and sundry

[stuartsko]

I know I'm to blame for using the wrong agent and not doing the research, it's just a crazy amount of paperwork to provide when I have wage slips and a p60 like every other working person in the UK... To be fair on blunkett, he was in charge of the home office when my friend fetched his Thai gf back on a fiancé visa... He needed a letter and some bank statements.. He was self employed too lol

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[ThaiVisaExpress]

In your letter you say that you only have two alternatives. Have you considered that you can meet the financial requirement with savings of 62,500 GBP ? Basically, if you have had those savings for 6 months "under your control", then your wife may well qualify immediately for her visa. If not, then putting that amount of money in savings now would mean that she could qualify in 6 months time, without you having to resign from your directorship, etc. In the meantime which she could visit you again in the UK.

Tony M

[stuartsko]

Unfortunately for me Tony, a resent wedding, constant trips to thailand and the uk, running a house in the uk & thailand, as well as living well while I'm here means I have savings of less than 10k at the moment lol

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[durhamboy]

I have great sympathy for your predicament. You (and your wife) are obviously people of great substance yet you are excluded because of these absurd rules.

One possible solution - remortgage part of your house up to the amount you need to reach the savings requirement of £62,500 and put it in the bank for 6 months and apply again. When visa is granted pay back the mortgage. Will cost you a little bit in mortgage interest. Meanwhile bring your wife on another visit visa for 6 months - hopefully not a problem after a refused settlement visa application.

One minor point in your letter - I still think that you would have to pay UK tax on UK earnings if you lived in Thailand. I think the 100% reduction only applies to earnings made outside the UK and not remitted to the UK.

I wish you could luck and please post Mr. Blunkett's reply if possible. Btw, not related to Roy Hattersley are you? Also a Sheffield man - and Wednesday supporter!

[stuartsko]

Lol Roy hattersley is no relation as far as I know... If I spend less than 90 days a year in the uk I would be classed as non domicile, which means hmrc would have no authority to tax any of my earnings, rather than earn my basic as PAYE, I would invoice the company as a consultant which is perfectly legal... Many large companies in the uk have offshore registration... Isle of Man for example has much lower vat and taxes, the uk tax system allows these companies to move as much profit abroad as they like, paying very little if any tax... Another fantastic uk policy... I will 100% post any reply from my email for all to see on thus forum. Thanks stu

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[stuartsko]

Oh and the rules state the savings cannot be borrowed unfortunately, and you would have to prove where the money came from

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[Waterloo]

Hi Stuart

Having read your letter, I think it requires a little shortening to be more effective.

Personally I would delete things like reference to the visa agent, this is superfluous to why you are writing to the MP.

Stick to the relevant points, don't send him to sleep.

[stuartsko]

I did revise the letter before I sent it and did shorten it a little.. Good point that I also thought of too.. I got it down to 2 pages... Left the visa agent part in unfortunately but wish I hadn't, also a good point.. Thanks

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Edited April 10, 2014 by stuartsko

[7by7]

Two points:

1) The letter contains your full name and that of your wife and, although you have deleted your home address, it contains much information, e.g. the name and location of your business, which can identify you. Not a good idea to post such information on an open internet forum where any nut job can read it.

I've therefore asked the mods to remove it and suggest that you post it again, this time first deleting all information which could identify you.

2) I agree with everything you say; but remember the government has ignored the recommendations of a Parliamentary enquiry and are also going through lengthy appeals of all the decisions in higher and higher courts which have ruled various aspects of the financial requirement to be unlawful.

Don't rely on Labour changing anything if they win the next election; it was they, after all, who started down this road by vastly increasing visa and LTR fees way above actual cost.

I'm afraid that we will probably have to wait until cases reach the European Court of Justice and these requirements are ruled unlawful there (if they are!) before we will see any change.

Sorry to be so pessimistic.

[stuartsko]

Can see your point about labour not being able to do anything, but to argue any case of Tory legislation the best people would be the opposition.. If mr blunkett sees any sense in what I said then he would jump at the chance to argue a point with his opposition.. That's what uk politics is all about, slime balls arguing with each other to make them selves look good to the voters without any regard as to what's best for the country.... I know my post does contain my business details and name, bit these details are already public domain on the internet to anybody who googles them... If the post is removed I can understand why, but it contains nothing that companies house hasn't already published on the internet.. Thank you for you honest opinion.. Regards stu

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Edited April 10, 2014 by stuartsko

[Waterloo]

I did revise the letter before I sent it and did shorten it a little.. Good point that I also thought of too.. I got it down to 2 pages... Left the visa agent part in unfortunately but wish I hadn't, also a good point.. Thanks

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I think you could still shorten it by at least a third to make it scan better, he doesn't need to know all about your business or how tall your wife is.

It is always a good idea to keep these letters brief & to the point even more so with David Blunket being blind.

I dare say 7by7 is right, but if no one complains then the politicians can say no complaints = no problems.

[stuartsko]

The reason I put the datails of my company on is because it is well known in the city he also lives in and would almost certainly of heard of it... I don't think a 2 page letter in a font size 12 is a very long letter considering the points I wanted to raise...

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[7by7]

I am not saying you should not have put those details in your letter to Mr Blunkett; of course not. Just that you should have deleted them from the copy you posted here.

Yes, those details are available to anyone who knows your name and/or that of your company and cares to research; but I am talking about the nut jobs who, unfortunately, lurk around forums such as this.

This is why you will see that when I, or any other regular poster, asks someone seeking advice on a refusal to post the refusal notice we always say they should delete all names and other identifying information first.

It is for your protection.

[durhamboy]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

I have great sympathy for your predicament. You (and your wife) are obviously people of great substance yet you are excluded because of these absurd rules.

One possible solution - remortgage part of your house up to the amount you need to reach the savings requirement of £62,500 and put it in the bank for 6 months and apply again. When visa is granted pay back the mortgage. Will cost you a little bit in mortgage interest. Meanwhile bring your wife on another visit visa for 6 months - hopefully not a problem after a refused settlement visa application.

One minor point in your letter - I still think that you would have to pay UK tax on UK earnings if you lived in Thailand. I think the 100% reduction only applies to earnings made outside the UK and not remitted to the UK.

I wish you could luck and please post Mr. Blunkett's reply if possible. Btw, not related to Roy Hattersley are you? Also a Sheffield man - and Wednesday supporter!

Oh and the rules state the savings cannot be borrowed unfortunately, and you would have to prove where the money came from


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Is the OP correct that you cannot mortgage your own property in order to comply with the financial requirements for a SV?

[7by7]

Para 4.2.1 of the financial appendix says that loans and credit facilities cannot be used towards meeting the requirement.

Para 7.4.1 says

Savings must be held in cash in a personal bank/savings account in the name of the applicant, their partner or the couple jointly. The savings can be from any legal source, including a gift from a family member or other third party, provided the source of the cash savings is declared. The applicant and/or their partner must confirm that the money, which cannot be borrowed, is under their control and evidence that it has been held in their bank account for at least the 6 months prior to the date of application.
(my emphasis)

As a mortgage is a form of loan, this says to me that one cannot mortgage one's house to provide the cash.

However, one can sell it and use the profit from that to meet the cash savings requirement; see Para 7.4.10 to 7.4.12.

[durhamboy]

Thanks 7 by 7 - having read the relevant clauses I agree that a mortgage is not acceptable.

Therefore it is just another example of the craziness of these rules. If the OP had originally taken a part-mortgage of the property (less than 20%) when he bought it then he would in all probability have the cash savings! So why should the rules prevent him from re-organising his finances in order to comply with a set of circumstances he had no prior knowledge of?

Now further reading of the appendix shows that he could sell his house and use those funds IMMEDIATELY to secure a visa i.e. not wait until they have been in his bank account for 6 months (see 7.4.11)! So maybe the OP could arrange a "sale and lease back" with a financial institution with a further buy back clause. Would cost a bit and there would be stamp duty to be paid.

I really hope that the European Court of Justice puts HMG in its place over these diabolical rules. The core purpose of them is to ensure that the couple have enough funds to support themselves for the period of their visa (without any regard to the level of their expenses!) but you cannot mortgage your own property to provide the funds! Also, as an aside, why can't self employed earnings be combined with cash savings? What is the rationale for that one?

Stop the world I want to get off!

[stuartsko]

It's most likely that sole traders can use there own bank account for business use if they like, thus using business cash flow as a source of savings.. Which is crazy because the money would still belong to them regardless... It's all down to a Tory manifesto to compete with the growing number of votes both BNP & UKIP are taking away from them.. We can't stop asylum seekers so let's punish our hard working citizens, and stop them from bringing a foreign wife home..

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Edited April 11, 2014 by stuartsko

[bobrussell]

Leading the thread a little off-course the immigration numbers game is dead easy to fix!

1) Change all student visas to visit visas so they come off the immigration statistics.

2) Monitor their progress through their education establishments (also to be monitored) closely every six months to ensure acceptable progress and attendance. Cancel visa if unsatisfactory.

On the wish list add proper monitoring of people leaving the UK so the figures make sense and overstayers can be identified.

Then the rules can be made fair for non-EU spouse, their families and the taxpayer! Problem solved!

Edited April 11, 2014 by bobrussell

[stuartsko]

A very good point, can't understand why they count student visa in their statistics any way, surely they realise this already, if they don't they all want shooting lol

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[stuartsko]

Update... Mr Blunkett replied to my letter yesterday, by post to my home address in the uk (even though I made it clear in the letter I was in thailand). He said he thought I had raised some very good points in my letter. He also said he has written to James Brokenshaw the immigration secretary, and raised the points with him directly... Weather or not anything will come from it I do not know, but worth trying... He says he will write back when he receives a response.. Will update again... Surprised he replied the same day he received my email too...

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Edited April 12, 2014 by stuartsko

[Trevstar]

Without being rude - I doubt mr blunkett would have ever seen your letter - I worked for an mp for several years and pretty much handled this kinda stuff.

Your reply from gov will be a standard letter sent to all who have complained about this issue and a letter from your mp saying things like as you can see I've been told this etc

Maybe a labour gov would change these draconian rules but DM and rest of Tory press won't allow it - even though a majority of their reades are expats