[knostrop]

Hello,

I have recently got back together with my girlfriend who is from NZ (resident in the Netherlands) and we want to explore our visa options - ideally spouse but fiancé if it makes a difference.

First of all, will the fact that we were not together for several months affect our application? Is it taken into consideration?

Secondly, I left my permanent job at the end of last month (before we got back together) and intended to take a contract position - forming a limited company to work through - following a month break during April. I'm on the verge of starting contract employment but realised that we would not meet the financial requirement if I went contracting - I understand that I would need 12 months' worth of accounts to meet the requirement and there is no way around this?

If I was to return to permanent employment would we immediately meet the financial requirement seen as though I have earned more than the £18,600 threshold in the last 12 months?

Are there any other factors that I haven't taken into consideration?

Many thanks for any advice!

 

[nyclon]

Hello,

I have recently got back together with my girlfriend who is from NZ (resident in the Netherlands) and we want to explore our visa options - ideally spouse but fiancé if it makes a difference.

First of all, will the fact that we were not together for several months affect our application? Is it taken into consideration?

You have to show that you've kept in contact with each other over the period of your relationship through things like visits, texts, Skype and other means of communication. You should address the separation in your letter of sponsorship but it shouldn't affect the application.

Secondly, I left my permanent job at the end of last month (before we got back together) and intended to take a contract position - forming a limited company to work through - following a month break during April. I'm on the verge of starting contract employment but realised that we would not meet the financial requirement if I went contracting - I understand that I would need 12 months' worth of accounts to meet the requirement and there is no way around this?

If I was to return to permanent employment would we immediately meet the financial requirement seen as though I have earned more than the £18,600 threshold in the last 12 months?

You can apply under Category B if your new position pays at least £18,600/year AND you have earned at least £18,600 in the 12 months immediately preceding your application including your new job. You would need to have at least one pay slip from your new job before you apply.

Are there any other factors that I haven't taken into consideration?

Many thanks for any advice!

You have to meet basically the same requirements whether you apply for a fiance or spouse visa. You have to meet the relationship, financial and accommodation requirements.

A fiance visa is good for 6 months and you have to show that you have made plans to marry in the UK evidenced with receipts for deposits for normal wedding related things-rings, photographer, venue hire, flowers, etc.

If you marry outside of the UK you will save yourself the cost of the fiance visa and instead of showing that you are planning a wedding you will submit your marriage certificate.

 

[knostrop]

Thanks, nyclon!

You can apply under Category B if your new position pays at least £18,600/year AND you have earned at least £18,600 in the 12 months immediately preceding your application including your new job. You would need to have at least one pay slip from your new job before you apply.

If I was to contract via my own limited company, I would be required to pay myself a salary. If this was at least £18,600, and I have earned at least £18,600 in the 12 months immediately preceding my application, do you know if this would be acceptable or would it be a grey area?

You have to meet basically the same requirements whether you apply for a fiance or spouse visa. You have to meet the relationship, financial and accommodation requirements.

A fiance visa is good for 6 months and you have to show that you have made plans to marry in the UK evidenced with receipts for deposits for normal wedding related things-rings, photographer, venue hire, flowers, etc.

If you marry outside of the UK you will save yourself the cost of the fiance visa and instead of showing that you are planning a wedding you will submit your marriage certificate.

If we were to marry in the Netherlands, is the type of ceremony we have a factor in the spouse visa application? Will photos etc be required in order to show that the ceremony was genuine? I ask this because, for us, getting married in the Netherlands, without most of our family and friends present, is only in order to apply for the visa. We would want to 'do it properly' at some stage in the UK once she has settled here.

 

[knostrop]

Furthermore, if we have combined savings (my savings in the UK; her savings in the NL and NZ) of more than £16k, does this wholly fulfil the financial requirement?

 

[nyclon]

Thanks, nyclon!



If I was to contract via my own limited company, I would be required to pay myself a salary. If this was at least £18,600, and I have earned at least £18,600 in the 12 months immediately preceding my application, do you know if this would be acceptable or would it be a grey area?

If you are self-employed which I think you will be you need a year's accounts.

Read through Section 9 of FM 1.7:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf

If we were to marry in the Netherlands, is the type of ceremony we have a factor in the spouse visa application? Will photos etc be required in order to show that the ceremony was genuine? I ask this because, for us, getting married in the Netherlands, without most of our family and friends present, is only in order to apply for the visa. We would want to 'do it properly' at some stage in the UK once she has settled here.

As long as it's recognised as a legal marriage in the UK the type of ceremony makes no difference. Yes, you should include a photo or 2 from the wedding along with several photos from throughout your relationship.

 

[knostrop]

If you are self-employed which I think you will be you need a year's accounts.

Do you know if income via an umbrella company would be acceptable for part (1) of Category B? I suppose a pertinent factor might be that the income is based on fixed term (contract) employment instead of permanent.

I'll keep on researching!

Thanks again, nyclon.

 

[Happieladie]

Self employment fiancé requirements

Dear all,

This forum is quit educative and I feel a bit frustrated as I had already seemed legal advice as I thought the process was very complicated.

I have a few questions please assist where you can....

I am self employed I do contracts and my accountant has stated that my salary is £12000 plus dividend of £20 000. This enables me to meet the financial requirement. I am not sure which category I fall under.

Secondly, the documents that I will need to attach to support my financial situation. The contract agency pays the money into my business account. Hence I transfer some money to my personal account.

The Nhs subcharge do we pay for it before our application or later. Any assistance will highly be appreciated.

Kind regards

 

[skyf]

Your Accountant should provide a copy of the Tax computation he will have submitted to HMRC. This will give details of your income from all sources. Depending on your year end and the availability of up to date accounts, you may need to send 2 year's records particularly as your qualifying income includes a 'Dividend' which by it's very nature could vary from year to year,
Are you a Sole Trader and if your Financial year has ended recently you may want to consider getting accounts completed quickly.

The NHS surcharge will not apply to a Fiancee Visa but will once you apply for the Spouse Visa

 

[Happieladie]

Your Accountant should provide a copy of the Tax computation he will have submitted to HMRC. This will give details of your income from all sources. Depending on your year end and the availability of up to date accounts, you may need to send 2 year's records particularly as your qualifying income includes a 'Dividend' which by it's very nature could vary from year to year,
Are you a Sole Trader and if your Financial year has ended recently you may want to consider getting accounts completed quickly.

The NHS surcharge will not apply to a Fiancee Visa but will once you apply for the Spouse Visa

Thanks for the quick response

I started working on my contracts this past financial year. It's a limited company paid directly by an agency for 1 year. I was previously working on a permanent post for the past 5 years until I started working independently.

Please specify what you mean by Tax computation. He has given me a covering letter, an acknowledgment letter from HMRC. I will further submit my bank statement. Sorry just don't want to get it wrong.

 

[skyf]

Computation or just another way of saying the self-assessment Tax Return which gives HMRC all of your income details, earned and investments. The Company is treated somewhat differently as it will have various business allowances which effect Tax liability. From what you say the Company pays you a wage and at the end of each year disposes any profit made ( your Dividend). Because your Company is so young it is quite likely further income details will be required.
Hope someone with greater knowledge on the income requirements can post more advice which will help you.

 

[knostrop]

I am in my first year of contracting, paid through my limited company for which I am a director. I'm assuming that until a tax return has been filed for my company, I am considered to have zero income - is this correct? Even though I pay myself a salary through the company.

Also, when trying to fulfil the financial requirement using savings, can both my savings (sponsor) and my girlfriend's savings be combined? Although I assume this would need to be £62,500, if we are both considered to have zero income, and that the 6 month condition applies?

I can understand why these financial requirements exist, and they need to be enforced consistently, it's just frustrating that my income will easily exceed £18,600 gross a year, and, between us, we have about £30k of savings yet we won't meet the requirement like a person earning £18,600 and with zero savings would.

Many thanks for any advice.