Need home office advice

[Jovi Shaw]

Hello good morning , I am a filipina working here in UK with valid working visa,but before expiration of my 5 years visa I got married to the English man w/c didn't meet the threshold of the home office,and my application been refused we have appeal 3 times till upper tribunal but its seem not success , to make Tory short I am voluntarily going home and I am going back to the Philippines on October 05, 2015.
My question is now my husband is now working in a new job and earning over £18,600 how can we process again my spouse visa in order me to comeback here in UK?
What is the requirement that I have to comply ? And how long it will take the processing. Thank you very much to your help nd looking forward to hear from you

Best regards,
Jovi Shaw

[Michael Parnham]

Welcome to our friendly Forum Jovi, I'm sure all your questions will be answered in due course so good luck and hope everything works out for you!

[Michael Parnham]

The £18600, is that the take home pay or gross pay that's required? some one we know is asking us!

[cheekee]

He has to be earning the £18,600 for a minimum of six months so he can supply six months of bank statements.

Please make sure he gets the official bank statements posted to his home address. They won't accept online copies without a letter from the bank confirming they are genuine or having them stamped by the bank.

[Michael Parnham]

He has to be earning the £18,600 for a minimum of six months so he can supply six months of bank statements.

Please make sure he gets the official bank statements posted to his home address. They won't accept online copies without a letter from the bank confirming they are genuine or having them stamped by the bank.

Morning Phil, is it the gross amount or is it the amount required after deductions?

[cheekee]

Gross salary Michael.

Category A is salaried income with UK employer for over six months.

Category B is salaried income with UK employer for less than six months.

You can still apply for spouse visa if you earn the £18600 ( no children) for less than six months but it's worked out a different way.

[Michael Parnham]

Gross salary Michael.

Category A is salaried income with UK employer for over six months.

Category B is salaried income with UK employer for less than six months.

You can still apply for spouse visa if you earn the £18600 ( no children) for less than six months but it's worked out a different way.

Thanks Phil, what if he's self employed?

[cheekee]

Self employed is a different category. I will post a link to the financial requirements annex later. It has to be shown in a completely different way to salaried employment.

[cheekee]

https://www.google.co.uk/url?sa=t&rc...NG5QxqoTFir3wQ

[cheekee]

Self employed is category F and he may need to show up to two years of records. Check the link.

[Michael Parnham]

https://www.google.co.uk/url?sa=t&rc...NG5QxqoTFir3wQ

Thanks for your help Phil!

[Terpe]

Thanks Phil, what if he's self employed?

The specific rules for those who are self-employed can be a little complex and confusing and certainly need a very careful review

If there is any doubt at all as to specifically which financial documents to provide I suggest spending a small fee and some consultation time with an accountant.

There are two categories:-
- Category F - you are in self-employment at the date of application and using income from your last full financial year to meet the financial requirement.

- Category G - you are in self-employment at the date of application and choose to use an average of the income received in the last 2 full financial years to meet the financial requirement.

A very key point is to understand that Taxable income for Self-Employed is revenue less business expenses.
If the business accounts show that tax is actually being taxed on an amount less than £18600 then the application will fall for refusal.Period.

Quite a few folk have slipped up on this.
If necessary, take time to take a serious look at adjustments to your business expense structures and 'tax-breaks' so that taxable income is at least £18600.

Most self-employed will be trying everything to keep your taxable income to a minimum.
Compliance with immigration requirements means not dropping below that £18600 taxable income.