Financial Requirements for Spouse Visa

[Dogsockpuppet]

Hi All,

Thank you for your help last time.

I have an another couple of questions that I was hoping someone could shed some light on, as internet searching has been fruitless.

My (Thai) girlfriend and I have been discussing for a while now that we would like to go for the UK spouse visa so that she can move back to the UK with me, however the financial requirements have left me a bit stumped. I work freelance (registered as self employed and file my self assessments yearly) and have not yet earned the required £18,600 needed to be financially eligible, however it looks like I should make the target in the April 2016 - 17 tax year. However I have heard that there can be issues in getting the spouse visa when working freelance.

• Has anyone had difficulties with getting the spouse visa whilst working freelance?

• Do they take just the one years income as proof of earning?

• Also has anyone experienced any unexpected difficulties when trying to get the freelance visa that you could flag up?

Lastly, my girlfriend having previously lived in the UK, works for a UK company (worked for them in the UK and now works in one of their studios in Thailand). Could her earnings be included with mine as a way to reach the £18600? The company would be happy to show that she would definitely have employment from them if she was to move to the UK.

If anyone has any knowledge or suggestions that they can share I would be very appreciative.

Many thanks,

James

[7by7]

From what you have said I believe you would come under Section 9. Self-employment or Director of a specified limited company in the UK of the financial requirement.

Note that you have two options here:

• Category F: Last full financial year or
• Category G: Average of last two full financial years.

One of the absurdities of this requirement is that for the initial visa the applicant's potential income once in the UK is completely ignored. Even when, as with your partner, they have a firm job offer in the UK.

You may also find the pinned topic UK settlement visa basics helpful, although it does need some updating.

You should also read Apply to join family living permanently in the UK and the links from there.

Once you've read all that, feel free to ask any further questions you may have.

[rasg]

7by7 is right. The other downside to being self employed is you can’t combine any savings that you may have.

If you read the links that he has given you they should answer your question about combining your GFs income. I'm not sure on that one because I didn’t need to.

Google is your friend.

[7by7]

If using income to meet the financial requirement when applying from inside the UK, that is for FLR and ILR, then that income can be the applicant's, the sponsor's or a combination of both.

If using income when applying from outside the UK, that is for the initial visa, then only the sponsor's income can be used.

Sorry if I didn't make that clear in my post above.

[Dogsockpuppet]

Thanks very much for both of your replies, i've been reading the information that you've provided.

However, there's one issue that I still can't seem to find the answer for.

Say if my girlfriend was come to on a fiance visa and then apply for the marriage visa whilst in the UK would this allow us to combine both of our incomes?

[Dogsockpuppet]

Or does the fiance visa still hold the 18600 minimum requirement?

[Tony M]

Thanks very much for both of your replies, i've been reading the information that you've provided.

However, there's one issue that I still can't seem to find the answer for.

Say if my girlfriend was come to on a fiance visa and then apply for the marriage visa whilst in the UK would this allow us to combine both of our incomes?

If she enters the UK on a fiancee settlement visa, she cannot work until she has been granted Further Leave to Remain as a spouse (that is, after marriage).

[Dogsockpuppet]

I see, so in order for us to add our incomes together she needs to be living in the UK and working rather than just living in the UK with the promise of a job.

I guess that makes sense.