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Discussion Starter #1
Hi all. My first post so please be gentle with me :)

I (UK Citizen) have been working in Malaysia as an on-line proofreader for the past three years, continuously making more than GBP18,600 a year.

I have moved back to the UK with my 6 year old son so that he can go to school (he has educational needs that can not be met in Malaysia) and obviously I want my wife to join us both there.

I have continued working for my Malaysian clients, and registered myself as self employed with HMRC. Although I intend to operate as a sole trader initially, I have registered as a UK Ltd company, which I intend to leave dormant until my income reaches a higher level.

Whilst in Malaysia, I never formalized any accounts or paid taxes (even though I was legally allowed to work in any field I wanted). In the meantime, I have created my own accounts and have bank statements to back up my income.

My wife owns a property (all be it paid for by myself) and we receive GBP500 per month rental income.

I also receive a pension of GBP650 per month.

We own a house that will give us approximately GBP70K if we sell it

If UKBA accept all of my finances as valid, then clearly there is no problem. However, here are my questions:

1) Does anyone have any comments on what I have said so far?

2) If they don't accept my finances and put our visa application on hold, I believe that under the latest regulation changes (I think October 1st) that money from property sales (i.e., our house) can be used as savings instantly to boost any financial requirement shortfall. Can I simply submit this new information to UKBA while our visa app is on hold?


I'm sure there are more questions coming, but these seem to be the most pertinent.

I really look forward to hearing from you guys and girls

Thanks in advance,
Phil
 

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Hi all. My first post so please be gentle with me :)

I (UK Citizen) have been working in Malaysia as an on-line proofreader for the past three years, continuously making more than GBP18,600 a year.

I have moved back to the UK with my 6 year old son so that he can go to school (he has educational needs that can not be met in Malaysia) and obviously I want my wife to join us both there.

I have continued working for my Malaysian clients, and registered myself as self employed with HMRC. Although I intend to operate as a sole trader initially, I have registered as a UK Ltd company, which I intend to leave dormant until my income reaches a higher level.

Whilst in Malaysia, I never formalized any accounts or paid taxes (even though I was legally allowed to work in any field I wanted). In the meantime, I have created my own accounts and have bank statements to back up my income.

My wife owns a property (all be it paid for by myself) and we receive GBP500 per month rental income.

I also receive a pension of GBP650 per month.

We own a house that will give us approximately GBP70K if we sell it

If UKBA accept all of my finances as valid, then clearly there is no problem. However, here are my questions:

1) Does anyone have any comments on what I have said so far?
You can combine pensions and non-employment income with self-employment income but you need a year of self-employement income and all the income must fall within the same 1 year time period.

From the Annex FM 1.7:

For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year


2) If they don't accept my finances and put our visa application on hold, I believe that under the latest regulation changes (I think October 1st) that money from property sales (i.e., our house) can be used as savings instantly to boost any financial requirement shortfall. Can I simply submit this new information to UKBA while our visa app is on hold?
No. You can't add new information. If your application is put on hold you can only submit information which pertains to the category or categories you applied under. Additionally, savings can't be combined with self-employement income and just to be clear, the cash from the sale of a property will only be counted when it is actually sitting in a bank account.


I
 

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Discussion Starter #3
Thanks Nyclon

I was trying to find information on the different categories, but if i understand you correctly, one category includes evidence of income and another category includes information of savings. However, I thought you could include savings if you have an income shortfall. Is this a totally separate category? or am i just so confused?

Regards, Phil
 

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Hi Nyclon

I've just re-read your post and I think I understand now.

Scenario 1
My non-salaried income i.e., my pension and rental income can be combined with savings held as cash.

Therefore, GBP500 + GBP650 x 12 = GBP13800. Savings required would be 16000 + (18600 - 13800 x 2.5) = GBP28000

This would be an application under Category C

Alternatively Scenario 2
I submit my Self Employed accounts along with pension and rental income details under Category F.

But the period of accounts that I have to submit is really confusing because I am returning to the UK still doing the same work, but because I have only just registered as a sole trader with HMRC, no self assessment has been submitted as yet (not due until January 2014 I believe).

It's looking like Scenario 1 is the path of least resistance, and a surefire way of obtaining my wife's spouse visa but any thoughts on either scenario greatly appreciated :)

Regards, Phil
 

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Hi Nyclon

I've just re-read your post and I think I understand now.

Scenario 1
My non-salaried income i.e., my pension and rental income can be combined with savings held as cash.

Therefore, GBP500 + GBP650 x 12 = GBP13800. Savings required would be 16000 + (18600 - 13800 x 2.5) = GBP28000

This would be an application under Category C
This seems fine but you would be applying with the combined categories of C, D and E. Additionally, the rental income cannot be from a property that you or your spouse also live in. For example, if you are renting a room in your home to someone, that wouldn't count.

Alternatively Scenario 2
I submit my Self Employed accounts along with pension and rental income details under Category F.

But the period of accounts that I have to submit is really confusing because I am returning to the UK still doing the same work, but because I have only just registered as a sole trader with HMRC, no self assessment has been submitted as yet (not due until January 2014 I believe).
You would not be able to apply until you could provide a year's accounts for self-employment.

It's looking like Scenario 1 is the path of least resistance, and a surefire way of obtaining my wife's spouse visa but any thoughts on either scenario greatly appreciated :)
You must have the documents to bank everything up and also meet the accommodation and relationship requirements.



However, I thought you could include savings if you have an income shortfall. Is this a totally separate category? or am i just so confused?
You can combine savings with income from salaried or non-salaried employment but NOT with income from self-employment.
 
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