Help!!!

[sexyvictoria]

Hi i just wanna know if the money that my fiance earns every month is enough to show the eco that he can support me when i get theremy fiance is working in mulberry lifestyles limited for 4 years already. And he has a par-time job too. He earns £435 monthly from both jobs. Weekly he earns £108.75. He doesn't have p60 because its written on his contract that " the personal tax free allowance for this year is £7475 and therefore most of you will not have to pay tax as a result of becoming an employee. We see this as a positive step forward for the company and one that all employees an benefits from. " that's explain why he doesn't have p60. He also get money from his sister £360 per month for 3 months.( her sister owe him )he still lives with his mum and sister. His dad died when he was 17years old. His mum and his sister are both more than happy to accommodate both of us until we are both ready to move forward in the future. His sister is willing to be co-sponsor. She said she is willing to help us financially and emotionally if we needed. ( i got a letter from his mum saying that she is very excited to meet me and i am welcome to their house. A letter from his sister as she is willing to be a co-sponsor and bank statements from her bank) his sister working as a legal secretary and earn £1,500 monthly. She's the one who's paying their house rent. My fiance doesn't pay anything. He is sending his weekly wages to me every week.

[Terpe]

When making decisions on settlement visa applications the ECO will try to make a balanced judgement on the complete application and evidence provided.

Concerning financials, UKBA do not specify any actual amount of income. Although the immigration rules do not indicate just how much is considered to be 'sufficient', the ECO will want to understand the overall financial position and to feel positive that the amount of money left after any key fixed/regular expenditure will be enough to support an additional consumer.

We all have different key fixed/regular outgoings but it seems that your fiance has no rent or mortgage payments to make.
In principle he does not have any key expenditures, which is a positive.

Various Immigration Tribunal's have concluded that it would not be appropriate to have families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available in deciding about finances.

In principle this means that if it is likely that the amount of money that the applicant and sponsor will have to live on would fall short of that available for a family of similar size from welfare benefits
then the ECO may consider this as appropriate grounds for refusal.

The current 'Income Support' rate for a couple over 18 yrs of age is £105.95 per week.

This is very close to the income of your fiance, and means that your 'total application' needs to be convincing.

Please take note of this from UKBA:-

Maintenance may be provided by either:-

The applicant with their own funds or with funds available to them
or
The sponsor
or
A combination of applicant and sponsor funds
or
Third party suppot (see below).

A couple or other applicant who is/are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple/ applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he/ she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (e.g. original bank statements over at least three months) of the third party’s assets.


Maintenance and accommodation: fiancé(e) / proposed civil partner

Paragraphs 290 (iv), (v) and (vi) of the Rules require that there must be adequate maintenance and accommodation for a fiancé(e) or proposed civil partner and any dependants both up to and after the date of the marriage or registering of the civil partnership.

Points to consider:


The fiancé(e) or proposed civil partner is prohibited from employment until he / she has been granted 2 years leave following the marriage or registering of the civil partnership; and
It would not be reasonable to require a fiancé(e) or proposed civil partner overseas to be as clear as a spouse or civil partner may be about the couple’s future accommodation.

Maintenance

The maintenance test will in most cases be based on the sponsor’s income / employment and the applicant’s employment prospects. There will also be cases where a friend or relative in the UK may offer assistance until the marriage or civil partnership takes place and the applicant is free to take employment. An applicant may have a specific job waiting for him/her. Where he/she is relying on this job offer to meet the maintenance requirement of the Rules, care should be taken that the job offer is genuine and will be held open until such time as he / she is free to take employment.

Assessing adequate accommodation

The ECO should be satisfied that the accommodation complies with the following requirements:

it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.

Overcrowding - Residential housing
The Housing Act 1985 contains statutory definitions of overcrowding in residential housing. The ECO should bear in mind, as Pakistan 2004 UKAIT 000066 says, that adequacy of accommodation must be assessed on an individual basis. It is not enough to equate adequacy with overcrowding.

A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.

Rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:

Number of rooms --------Maximum numberof people allowed

1...................................... 2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10
Each additional room in excess of 5 = An additional 2 people


For the purpose of the Act:

a child under onedoes not count as a person.
a child aged 1-10 years counts as only half a person.


I realise it's a lot to read but I hope this helps you understand what is needed

[sexyvictoria]

hi Terpe! Thanks for responding. About my other requirements are :

IDENTIFICATION
my passport / his colored xerox copy passport
my nso birth certificate / his xerox copy birth certificate
cenomar
NBI clearants
English test certificate ( I'll be having my IELTS test on Oct22 )
tuberculosis certificate & Lungs x-ray
EVIDENCE OF ACCOMMODATION

letter from his landlord
property details of the house
pictures of the house
contract of the lease of their house
letter from his mum w/ her birth certificate
EVIDENCE OF FINANCIAL CAPACITY
letters from his employment
contract of his work
payslips/invoices
his receipts from western union & moneygram
bank statements for 3 months
EVIDENCE OF RELATIONSHIP
letter support from him
booking for our wedding from the municipal
booking for our wedding reception in the restaurant
xmas cards & gifts pictures
bday cards
valentines cards & gifts pictures
flowers receipts, pictures & cards
ym screenshots & chatlogs
skype screenshots & chatlogs
facebook screenshots & chatlogs/messages
my western union & moneygram receipts
my apartment pictures here that he got for me
least contract of my apartment & my monthly receipts
EVIDENCE OF ENCOUNTER
his boarding passes
his e-tickets
his used phone card
hotel receipts
photos
poems & letters
receipts
his train & bus tickets
departure card
travel agent receipts
CO-SPONSOR

co-sponsor letter
bank statements

[GraceAdam]

Hi sexyvictoria

just wanna ask.. is the tuberculosis certificate & Lungs x-ray necessary in the requirements? thank you

Grace

[sexyvictoria]

my fiance told me that there have been an increase tb cases in some areas of the uk where immigrants especially from Asian country are have come in the uk without the tb certificate. and i also read before here that one of the member here said that they will goin to ask a tb certificate when you arrive in uk airport

[rusty]

He doesn't have p60 because its written on his contract that " the personal tax free allowance for this year is £7475 and therefore most of you will not have to pay tax as a result of becoming an employee. We see this as a positive step forward for the company and one that all employees an benefits from. " that's explain why he doesn't have p60.

I think this sounds wrong.

Even if you are paid below the allowance, you should still get a P60 to prove that you do not need to pay tax. My wife is employed by me and I pay her just below the allowance and she has a P60.

my fiance is working in mulberry lifestyles limited for 4 years already

Is this the same mulberry lifestyles limited that has only been registered as a limited company since 22/06/2011

[baby38]

Hi Sexy Victoria,

Why does your partner send his weekly wages to you for,sounds like alot of money to me,

[sexyvictoria]

hi rusty! before the company name is MULBERRY LIFESTYLES MANAGEMENT and it became MULBERRY LIFESTYLES LIMITED.

[sexyvictoria]

hi baby38! my fiance got me a apartment here. Im using the money for my weekly allowance.

[sexyvictoria]

does ECO needs to see P60 of my fiance?

[Doc Alan]

Hi sexyvictoria

just wanna ask.. is the tuberculosis certificate & Lungs x-ray necessary in the requirements? thank you

Grace

These two threads might help : - http://filipinaroses.com/showthread....t=tuberculosishttp://filipinaroses.com/showthread....ht=Chest+X+Ray

[sars_notd_virus]

does ECO needs to see P60 of my fiance?

yes

[purple]

does ECO needs to see P60 of my fiance?

Yes, it is important to them.
Just remember that when applying for any settlement, the UKBA will dig everything about you and your sponsor.

Your fiance must have lots of money to send his weekly wages to you.

[Terpe]

sexyvictoria,
Unless there has been a major change in tax rules, the employer is required by law (in almost all cases) to issue a P60 to the employee.

[sexyvictoria]

what if he will just explain it on his sponsor letter why he doesn't P60..do you think it will work?

[GraceAdam]

thank you so much Doc Alan

it enlightens me up

Cheers,

Grace

[Bluebirdjones]

Victoria..... we,ve been through all this with you previously (on your earlier threads & postings).

The info we gave there has not changed.

It's irrelevant if he earns enough to actually pay tax.... he still needs to produce a P60, and they are obliged under law to supply him with one.

[sexyvictoria]

i know..but he really doesnt have P60..

[\\\ElizaTony///]

we r almost the same but the difference is we r married

[sexyvictoria]

hi ElizaTony! have you got your spouse visa already? have you tried applying for it without P60 of your hubby?

[rusty]

From HMRC website http://www.hmrc.gov.uk/working/forms/paye-forms.htm#2

P60

Your P60 is the summary of your pay and the tax that's been deducted from it in the tax year.
Your employer should provide you with a P60 to keep as a record at the end of every tax year (which runs from 6 April to 5 April the next year). If your employer doesn't give you a P60 at the end of the tax year, ask for it - you're entitled to it by law if you are still working for the employer at 5 April.
You might need it to:

• complete a Self Assessment tax return, if this applies to you
• claim back any Income Tax or National Insurance contributions you've overpaid
• apply for tax credits

You may also need it as proof of your income if you apply for a loan or a mortgage - so it's important to keep all your P60s safe.

If you are an employer, you must provide a form P60 to each employee who is working for you at the end of the tax year and for whom you have completed P11. The P60 confirms an employee's final tax code and shows their total pension and/or earnings for the year, as well as the year's total tax deductions and National Insurance contributions. If you're an employee, keep form P60 as a record for self-assessment purposes.

From visa application supporting checklist http://www.ukvisas.gov.uk/resources/...docssettlement

Evidence of your sponsor’s current employment, studies or other means of support and total monthly income after tax.

This could include a variety of any of the financial documents outlined above in the finances section. Details of annual taxable income in the UK is normally found on HMRC form P60.


It is your decision to listen to what has been suggested by many people on this forum, the more evidence you provide, the better the chances are for a successful application.

Good luck

[sexyvictoria]

thanks for all suggestions guys. really appreciate it
I emailed the vfs and ask about the P60..and their reply is..

Greetings from UK VAC!

When your intended visit to the UK is under the sponsorship of someone, such a person must provide evidence that he/she is able to financially support and accommodate you all throughout the duration of your stay. Every Officer at the Application Centre is totally aware that there is no specific mandatory amount required, however we strongly recommend that applicants and sponsors submit at least 6-month up-to-date bank statements and payslips. You will also need to provide your proof of accommodation such as either of your tenancy agreement, land registry or mortgage statement. It is entirely the discretion of the Entry Clearance Officer to decide whether or not the sponsor has sufficient funds to maintain the applicant whilst in the UK.



Sincerely,
VFS Helpline UK VAC


we will just try our luck then.

[lastlid]

Hi Sexyvictoria (lol cos that was my ex gf name Victoria) ...I have just sent to the VFS (via my wife of course} 7 consecutive monthly paysplips of mine. The payslip for 31st of March has my years salary on it....i am hoping that it will suffice.

Good luck.

[sexyvictoria]

i hope it will work. Thanks lastlid.

[sexyvictoria]

Hi lastlid I'm not sure yet about my requirements. Can you check it for me if there is a missing please Thank you
IDENTIFICATION

APPLICANT’S SPONSOR’S

• PASSPORT • COLORED COPY OF PASSPORT
• NSO BIRTH CERTIFICATE • ORIGINAL COPY OF BIRTH CERTIFICATE
• CENOMAR • CNI
• NBI CLEARANCE • LETTER OF SUPPORT
• ENGLISH TEST CERTIFICATE
• TUBERCULOSIS CERTIFICATE & CHEST X-RAY
• SETTLEMENT ( VAF4A DEC 2008 ) FORM

EVIDENCE OF ACCOMMODATION

• LETTER FROM THE LANDLORD
• CONTRACT OF LEASE
• PROPERTY DETAILS
• PICTURES OF THE HOUSE
• RECEIPTS OF THE PAYMENTS
• BILLING STATEMENTS

EVIDENCE OF FINANCIAL CAPACITY

• LETTERS FROM HIS 2 EMPLOYERS
• CONTRACT OF EMPLOYMENT
• PAYSLIPS / INVOICES
• BANK STATEMENTS ( 4 months in & out money with 700pounds savings )
• WESTERN UNION & MONEYGRAM RECEIPTS

EVIDENCE OF RELATIONSHIP

• CHIRSTMAS CARDS & PICTURES OF GIFTS
• BIRTDAY CARDS
• VALENTINE’ S CARDS & PICTURES OF GIFTS
• FLOWERS RECEIPT & PICTURES
• SKYPE SCREENSHOTS PICTURES
• SKYPE CHATLOGS
• SKYPE CALL RECEIPTS
• YAHOO SCREENSHOTS PICTURES
• YAHOO CHATLOGS
• FACEBOOK SCREENSHOTS PICTURES
• FACEBOOK CHATLOGS
• WESTERN UNION & MONEYGRAM RECEIPTS
• MY APARTMENT PICTURES THAT HE GOT FOR ME
• MY APARTMENT CONTRACT OF LEASE
• MY APARTMENT RECEIPTS

EVIDENCE OF ENCOUNTER
• E-TICKETS • AIRPORT LUGGAGE I.D STICKER TAGS
• TRAVEL AGENT RECEIPTS • TRAIN & BUS TICKETS
• TRAVELERS CHEQUES • HOTEL RECEIPT
• TRAVELERS CHEQUES RECEIPTS • RECEIPTS ( RESTAURANTS, CINEMA AND SUPERMARKET )
• BOARDING PASSES • PHOTOS
• DEPARTURE CARDS • POEMS & LETTERS
• USED PHONE CARD

OUR WEDDING IN UK

• PROVISIONAL BOOKING FROM THE LOCAL REGISTRAR
• WEDDING LUNCH BOOKING
• OUR WEDDING INVITATIONS
• PICTURE OF OUR WEDDING RINGS
• PICTURES OF THE DRESS & SHOES FOR OUR WEDDING


CO-SPONSOR’S

• LETTER OF SUPPORT
• BITH CERTIFICATE
• BANK STATEMENTS
• P60
• CONTRACT OF EMPLOYMENT

SUPPORTING DOCUMENTS

• LETTER FROM APPLICANT’S PARENTS
• LETTER FROM SPONSOR’S MOTHER
• BIRTH CERTIFICATE OF SPONSOR’S MOTHER
• LETTER FROM MY EMPLOYER ( I have waiting job interview when I am allowed to work there. Same company where my fiance works too.)


Thanks for your time lastlid. Good bless you

[haileylovely]

GoodLuck sexyvictoria,,

Just relax and Pray,,God will do the rest..

[Arthur Little]

GoodLuck sexyvictoria,,

Just relax and Pray,, God will do the rest..

... with [hopefully!] MORE than a little help from an Entry Clearance Officer.

[haileylovely]

Yes Sir Arthur,,also The ECO will do the rest ..

Goodluck sexyvictoria..

[Arthur Little]

Goodluck sexyvictoria..

... and all the best from me too, Victoria.

[sexyvictoria]

Thank you haileylovely & Arthur Little I hope all this evidence will convince ECO to give us a fiance visa. Nothing impossible with God