# UK Spouse Visa Financial Requirement for Freelancers



## perfectisboring (Feb 9, 2013)

Hi there!

I've been living in the UK on a Youth Mobility Visa for about a year and a half and now my boyfriend and I have decided to get married. I believe that we meet all of the requirements, but I'm confused about the new financial requirements.

I work as a freelance writer, and I have earned more than £20 000 each year I have been here. Since it is not salaried work, will I have trouble applying? I've filed for my taxes and have bank statements and invoices to prove my income, but should I also obtain a contract from my clients to show that I will be obtaining more than £18 000 a year on an ongoing basis?

Also, my boyfriend is a professional poker player. He earned more than £30 000 last year in tournament winnings and has more than £10 000 saved, but I'm not sure if this will count as 'income'.

I'm just very very nervous after reading this:



> A key part of any marriage visa application is the ability of the couple to support themselves financially without recourse to public funds. The new set amount for sponsoring a partner with no children is £18,600 (the level at which a couple would not receive income related benefits). Please note that* applicant's employability and earning potential in the UK will no longer be taken into account by the UKBA examiners when making a final determination of eligibility.*


I've been working here for two years and earning a fair bit of money, but now I'm concerned that my income won't be considered. Since his earnings may not count, can we rely soley on my income as our joint income?

Any help that you guys can offer would be greatly appreciated!

Thank you!


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## Guest (Feb 9, 2013)

I'm no expert on UK visas but I doubt gambling profits are income. You do not have to declare it as income pay taxes or NI on it so its not income unless he does that voluntary.


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## perfectisboring (Feb 9, 2013)

I had a feeling that would be the case. So, since he doesn't have income that qualifies, will mine not count either since I'm only the applicant? My UK-based income alone exceeds the financial requirement and I hope it can be considered joint income when applying.


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## 2farapart (Aug 18, 2011)

Your UK-based income would indeed count but, as a freelancer, you would need to apply under self-employment Category F. This requires evidence from the last full financial year to support that you earned at least £18,600 before tax in that financial year (after non-taxable expenses have been deducted), and you need to demonstrate that you are still actively working as self-employed.

What I recommend is having a look at Section 9 of the Guide to meeting the Financial Requirement and particularly at the evidence required to support your application. I have no knowledge on the ins and outs of an overseas applicant being self-employed in the UK, so I don't know much about how tax, HMRC registration etc is handled, but if you think you can meet the documentary requirements, this would be the best category under which to apply (and do it whilst you're still working here on your YMS).

I too am unsure how your partner's income would be viewed (UKBA might even view his ability to support you as a risk given that winning tournaments cannot be guaranteed) so I think it would be better to proceed with an application based solely on your income.


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## perfectisboring (Feb 9, 2013)

Thank you so much! This is very helpful. Now, I can get started on gathering the documentation that I need.


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## pss123 (Apr 8, 2013)

*Help Please*

I am a British Citizen. In 2002 I moved to USA, where my parents had gained citizenship. I married an Indian national in 2004 who came to live with me in Texas while I was on a work visa, working for my parents (awaiting my permanent stay visa). My permanent stay visa never came due to a huge backlog so my wife returned to india and obtained a student visa for USA and i lived as her dependent until Jan 2013.

My wife had enough of the 'fake studying' so we decided to re locate back to UK. I am now in UK staying at my brothers house. My wife is in India and I am about to submit my application for her spouse visa.

I have no job and havent worked for 8 years, however my father has rental properties that are on mine, my brothers and mums name. The income is ~£3600 per month - can I use this to show adeqaute income.

Also, in terms of place of residence what information will i need from my brother? Him and his wife jointly own the house - will I need to get a letter signed by both of them or just my brother? The bills are on his wifes name also.

I have no P60 as I havent worked for years - will this matter?

Please help.


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## AmyD (Jan 12, 2013)

You have to have an income of £18,600 per year or savings of £62,500. Without that, you have not a prayer of sponsoring your wife. 

If the rental income is in your father's name (you say they are his) then no, you can't use that either.


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## pss123 (Apr 8, 2013)

the rental income comes jointly to myself, my brother and my mum. So that should cover it should it not?


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## AmyD (Jan 12, 2013)

How much does your share equal per year?


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## pss123 (Apr 8, 2013)

in thoery it is £14,400 (ie 3600*12=43,200 Divide by 3 is £14,400).

But all of the income goes into my account so it shows as all of the rent is mine, even though properties are in 3 different names. so i can use this income of £43,200 can't i?


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## AmyD (Jan 12, 2013)

I doubt it. It isn't your money. But maybe someone else will have a more optimistic view.


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## pss123 (Apr 8, 2013)

but if it comes to my account how can they say it is not my money. i can get my brother and mother to write a covering letter stating that it is mine.


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## AmyD (Jan 12, 2013)

Because you have to show where the money comes from. You have to show ownership of the rental properties and any ownership documents are going to have your partner's names on them. It isn't your money - it doesn't belong to you. It belongs to three people. Furthermore, you have to show bank statements and they have to correspond with your income. If you say you make £43000 per year but only show £14000 the UKBA is going to know you're a fraud and refuse you. If you are honest (and you should be), then your share is less than the required amount and you won't be successful.


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## pss123 (Apr 8, 2013)

you have misunderstood. ALL of the rental income goes into my account and my mother and brother are happy to say that it is all mine as they dont use it, I am the one who spends it all.


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## AmyD (Jan 12, 2013)

If the documents say it belongs to you, and it goes into your account, and your mother and brother supply a notarized letter saying that they're gifting you the money - and relinquishing all claims into perpetuity - then that might work. Without these, the money is not "under your control" and it has to be in order to be counted.

But I still don't feel like it's a solid proposal. Maybe someone else can shed some more light on this situation.


Edited to add: In fact, now that I think about it, you'd basically have to get the rental properties officially moved to your name - with your mother and brother being cut out entirely.


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