# New Financial requirements on Spouse Visa



## emmadee (Dec 24, 2012)

Hi there-we are currently applying for my spouse to move to the UK. I was wondering do the new financial requirements take into consideration both couples income i.e does are income become a joint income or do both of us have to be earning over 18k in order to qualify for the application?

Thanks


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## Leanna (Oct 22, 2012)

emmadee said:


> Hi there-we are currently applying for my spouse to move to the UK. I was wondering do the new financial requirements take into consideration both couples income i.e does are income become a joint income or do both of us have to be earning over 18k in order to qualify for the application?
> 
> Thanks


By the sounds of it you are currently in the UK and your spouse is not?

If that is the case no, only your (the sponsor) income counts towards the financial requirement.

If both of you are outside the UK, you have two options:

Either you (the sponsor) move to the UK, find a job that pays over £18,600. Wait 6 months and have your partner apply. 

or

If you currently have a job outside the UK that pays more than the equivalent of £18,600, all you need is a job offer in the UK over £18,600 that starts within 3 months to apply.


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## emmadee (Dec 24, 2012)

Thanks for the reply- yes I am in the UK and he is in the USA. Unfortunately I was on a career break for 2 yrs while studing a masters and have only been self employed for 6mths and just filed my tax return for 13k- this means that I will have to wait to April - end of tax year and file straight away- I will have earned over 18k by then. 
Only thing is we are having our official wedding with family August 7th in Ireland so really is cutting it fine..... very stressed about it all!!!


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## Leanna (Oct 22, 2012)

emmadee said:


> Thanks for the reply- yes I am in the UK and he is in the USA. Unfortunately I was on a career break for 2 yrs while studing a masters and have only been self employed for 6mths and just filed my tax return for 13k- this means that I will have to wait to April - end of tax year and file straight away- I will have earned over 18k by then.
> Only thing is we are having our official wedding with family August 7th in Ireland so really is cutting it fine..... very stressed about it all!!!


Yes, unfortunately you'll have to wait until you have 12 months of evidence to show that the previous 12 months you've earned over £18,600. 

Be sure to read up on the requirements for people who are self-employed - it is a much more complicated process than applying if you worked for a company. Make sure your application, when you complete it, is 100% water-tight so there's no chance for delays. 

You could be cutting it close, application-wise, as many settlement visas take upwards of 8 weeks. If you have the ability to apply for 'priority', it might be worth considering. 

Not a bad idea to download the application forms now and start gathering your paperwork over the next few months. Will be much less stress than trying to rush to get everything done quickly.


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## emmadee (Dec 24, 2012)

Yes will be def applying for the fast track application!!! After dating for 10yrs this is just crazy- really is so stressful for people who are genuine! 
I have not came across any different recommendations for self employed people....other than providing 6 months of financial evidence.
I have started the application already!!!


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## Leanna (Oct 22, 2012)

emmadee said:


> Yes will be def applying for the fast track application!!! After dating for 10yrs this is just crazy- really is so stressful for people who are genuine!
> I have not came across any different recommendations for self employed people....other than providing 6 months of financial evidence.
> I have started the application already!!!


Good idea!

Read Section 9 here: http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

All about providing financial proof for the self-employed.

According to UKBA, they will need 12 months of evidence to calculate financial requirement for self-employed, so be sure to include enough bank statements, etc.

Have a read through and be sure to ask any more questions here! There's plenty of people here who are more knowledgeable than I am regarding self-employment. Good luck!


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## emmadee (Dec 24, 2012)

thank you!!! It is great to just chat with people in the same boat!!


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## Leanna (Oct 22, 2012)

emmadee said:


> thank you!!! It is great to just chat with people in the same boat!!




You'll definitely find a lot of us here! We're all in the same boat, so to speak.


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## brainy (Jan 21, 2013)

hi...im a little confused about this financial requirement....what i wanted to know is whether uk border agency would look at the last 12 months of my wages of when i apply for example if i apply in February .. will they look at Feb 2012-Feb 2013 or will they look at the last tax year .... for example 2012 tax year income ....


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## Leanna (Oct 22, 2012)

brainy said:


> hi...im a little confused about this financial requirement....what i wanted to know is whether uk border agency would look at the last 12 months of my wages of when i apply for example if i apply in February .. will they look at Feb 2012-Feb 2013 or will they look at the last tax year .... for example 2012 tax year income ....


Your financial information has to be up to date within the past month as far as I understand. 

So if you are applying in February 2013, your bank statements need to be up until January 2013. So if you are submitting 12 months of statements & payslips, you need to include Feb 2012 to Jan 2013.


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## emmadee (Dec 24, 2012)

Looks like it is the last tax year- as you have to show evidence of your tax return! but still reading up on it myself!! http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary


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## Leanna (Oct 22, 2012)

emmadee said:


> Looks like it is the last tax year- as you have to show evidence of your tax return! but still reading up on it myself!! http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary


Yes if you have it you should include your most recent P60. However, you will need to provide them statements and payslips, if applicable, that are within the last month before you apply.


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## brainy (Jan 21, 2013)

Leanna said:


> Your financial information has to be up to date within the past month as far as I understand.
> 
> So if you are applying in February 2013, your bank statements need to be up until January 2013. So if you are submitting 12 months of statements & payslips, you need to include Feb 2012 to Jan 2013.


And .....does the 18600 have to be last 12months or is that tax year to tax year...for example if i am applying in feb 2013 will they look at what i have earned from feb 2012 to jan 2012 ...i hope im making sense


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## 2farapart (Aug 18, 2011)

*For emmadee*, the requirement will be to provide a full financial year's worth of earnings totalling £18,600 or more before tax (but after non-taxable expenses have been deducted). If you earn £18,600 or more in the most recently completed financial year, you need one year's worth of evidence and apply under Category F. If £18,600 was not earned in the last year, but as an average of the last TWO financial years you earned an average of £18,600 or greater, you can apply under Category G instead by providing TWO years worth of evidence. Documentary evidence for self-employment entails rather a lot of paperwork (see page 33 of financial requirement guide - same link as Leanna posted). Bank statements (if a separate business account is used, then both personal and business bank statements need to be provided), HMRC self-employed registration and self-assessment tax returns, and an authenticated set of accounts for the 1 or 2 year period being used.

*For brainy,* it depends on what category you're applying under. If the UK sponsor has worked for the same employer for *6 months *or longer and each monthly pay-slip is at least £1,550 before tax, you can apply under Category A which needs only 6 months of bank statements and payslips covering the prior 6 months to the date you're applying (so if you apply February, you would need pay slips and bank statements from August 2012 to January 2013). If some pay-slips are less than £1,550 per month or there was a change of employer, but you STILL earnt at least £18,600 in the *12 months* leading up to the date you apply, then you can apply under Category B which requires 12 months of evidence. Note that there is other evidence in addition you need to provide for both these categories (employment contract and letter, P60 etc).


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## brainy (Jan 21, 2013)

*For brainy,* it depends on what category you're applying under. If the UK sponsor has worked for the same employer for *6 months *or longer and each monthly pay-slip is at least £1,550 before tax, you can apply under Category A which needs only 6 months of bank statements and payslips covering the prior 6 months to the date you're applying (so if you apply February, you would need pay slips and bank statements from August 2012 to January 2013). If some pay-slips are les
s than £1,550 per month or there was a change of employer, but you STILL earnt at least £18,600 in the *12 months* leading up to the date you apply, then you can apply under Category B which requires 12 months of evidence. Note that there is other evidence in addition you need to provide for both these categories (employment contract and letter, P60 etc).[/QUOTE]

Im applying for my spouse visa.....if my 2012 p60 shows less than 18600 but my 12 months from application .. for example feb 2012 to jan 2013 i do meet 18600 what will they look at.. myp60 or the last 12 months....
Im confused whether i can say i do or do not meet the criteriaa.....


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## 2farapart (Aug 18, 2011)

brainy said:


> Im applying for my spouse visa.....if my 2012 p60 shows less than 18600 but my 12 months from application .. for example feb 2012 to jan 2013 i do meet 18600 what will they look at.. myp60 or the last 12 months....
> Im confused whether i can say i do or do not meet the criteriaa.....


For the salaried-income categories, always use the immediate period leading up to the month before the one in which you are applying. This won't correspond with your P60 (and it doesn't need to). Your payslips and bank statements are the documents that must match. Your P60 is just another piece of evidence to prove you are correctly employed, pay your taxes etc.

If your salary varies and isn't always £1,550 per month before tax, use *Category B* as this is much safer (evidence that you earnt £18,600 in the most recent 12 months - regardless of whether some months are lower than others). Category B requires 12 months of pay slips and bank statements. If you're applying January, you need 12 months statements and pay slips up to and including December 2012. 

In determining whether you meet the criteria, add up your gross (before tax) pay from your payslips for the most recent 12-month period. If it meets or exceeds £18,600, you should meet the criteria provided you supply the correct evidence. Overtime is also fine and accepted, but if your pay includes bonuses or commission and this isn't mentioned in your employment contract, do ask your employer to include details of your commission in the employer's letter because commission and bonuses will only be taken into account 'if contractual' according to UKBA.


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## brainy (Jan 21, 2013)

2farapart said:


> For the salaried-income categories, always use the immediate period leading up to the month before the one in which you are applying. This won't correspond with your P60 (and it doesn't need to). Your payslips and bank statements are the documents that must match. Your P60 is just another piece of evidence to prove you are correctly employed, pay your taxes etc.
> 
> If your salary varies and isn't always £1,550 per month before tax, use *Category B* as this is much safer (evidence that you earnt £18,600 in the most recent 12 months - regardless of whether some months are lower than others). Category B requires 12 months of pay slips and bank statements. If you're applying January, you need 12 months statements and pay slips up to and including December 2012.
> 
> In determining whether you meet the criteria, add up your gross (before tax) pay from your payslips for the most recent 12-month period. If it meets or exceeds £18,600, you should meet the criteria provided you supply the correct evidence. Overtime is also fine and accepted, but if your pay includes bonuses or commission and this isn't mentioned in your employment contract, do ask your employer to include details of your commission in the employer's letter because commission and bonuses will only be taken into account 'if contractual' according to UKBA.





Thanks so much ...it makes soo much sense now ....


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## bebedee (May 4, 2013)

2farapart said:


> *For emmadee*, the requirement will be to provide a full financial year's worth of earnings totalling £18,600 or more before tax *(but after non-taxable expenses have been deducted*).


Hi,

Is it possible to provide a link to where the guidance is regarding the 'after non-taxable expenses have been deducted'.

I am worried as although i earn over £18,600 and each payslip shows over £1,550my P60 shows £17,900 as I had paid £800 pension contributions. Would they not add the £17,900 + £800 as this is my gross salary?

Thanks


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## 2farapart (Aug 18, 2011)

bebedee said:


> 2farapart said:
> 
> 
> > *For emmadee*, the requirement will be to provide a full financial year's worth of earnings totalling £18,600 or more before tax *(but after non-taxable expenses have been deducted*)
> ...


The information you quoted only applies to people applying under self-employment rules. If you are salaried and your pension is deducted from your pay at source, then your gross figure should still be before ALL deductions have been made so you should be fine.


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## elysebaril (Jan 20, 2012)

Leanna said:


> Your financial information has to be up to date within the past month as far as I understand.
> 
> So if you are applying in February 2013, your bank statements need to be up until January 2013. So if you are submitting 12 months of statements & payslips, you need to include Feb 2012 to Jan 2013.


Little question about bank statements: I received mine after the 15 of each month. The last one I have is June 2013. I'll have my last pay slip at the end of June. Applying for my partner visa on the 8th of July so won't have the whole June bank statement then (and therefore won't show the last deposit). I have all my other bank statements from the start of my employment but unfortunately, I have lost two pay slips, one of them being Dec 2012. I'll get my employer to reproduce, stamp and sign all of them, accompanied by a letter proving the authenticity, my contract and a letter proving my employment. Do you think that will suffice? 

Thanks


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## G.s. (Jun 30, 2014)

*Uk spouse visa*

Hi
I’m from india .my wife is a british
citizen .i want to apply for
settlement visa .
As the home office published we
need to show that we have earned
£18600 before applying.
but my wife has started a new job in
january and earning £1600 gross
monthly.now it’s been six months
with her current job .
Can we apply now for my visa?
should it be excepted? if we apply
now after six months, we can’t show
them that we have earned
£18600.coz she can show only six
months wage.plz advise us what
should we do??if I apply after six months will it cause any problem?


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## nyclon (Apr 3, 2011)

Have you read FM 1.7 which outlines the options for meeting the financial requirement?

https://www.gov.uk/government/uploa...3/Financial_Requirement_Guidance_20140324.pdf

It sounds like you can meet the requirement through Category A but read FM 1.7 so you understand your options and how to meet the requirement.


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## G.s. (Jun 30, 2014)

*Uk spouse visa*

The guidence show 6 months required with same job for an employee.
My wife has been working for the last six months with the same company.
In these six months she has earned £9600.
So should we able to apply for the spouse visa.


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