# Spouse visa financial requirements



## George89 (Mar 2, 2013)

Hello everyone

I was wondering if somebody could help me with my problem as it is causing me a lot of stress. I know that there is a new law stating that you must earn £18600 gross in order to bring over a spouse. This is £1550 per month gross and about £1265 take home. Now i earn more than this as i get £1368 take home a month. However i am a phd student so my salary is non taxable. I earn £16416 per year which is non taxed which is equivalent of a taxable salary of over £21000. I was wondering whether the ukba may only look at my stripend of16416 and not take it into account that it is non taxable. Can someone please advise me on this? I feel that i meet the requirement but my be turned down due to them not considering that my take home pay is non taxable. Any help appreciated

George


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## Leanna (Oct 22, 2012)

George89 said:


> Hello everyone
> 
> I was wondering if somebody could help me with my problem as it is causing me a lot of stress. I know that there is a new law stating that you must earn £18600 gross in order to bring over a spouse. This is £1550 per month gross and about £1265 take home. Now i earn more than this as i get £1368 take home a month. However i am a phd student so my salary is non taxable. I earn £16416 per year which is non taxed which is equivalent of a taxable salary of over £21000. I was wondering whether the ukba may only look at my stripend of16416 and not take it into account that it is non taxable. Can someone please advise me on this? I feel that i meet the requirement but my be turned down due to them not considering that my take home pay is non taxable. Any help appreciated
> 
> George


Someone with a little more experience may chime in here, but honestly, I'm afraid UKBA will not consider you to have met the financial requirement. Honestly I don't think we've ever seen a case like yours, so it will be a risk, but UKBA is very, very strict regarding meeting the financial requirement and they specifically state an income of £18,6000 GROSS, which, even though your income isn't taxable, you do not meet. 

Wait and see if some of the more experienced forum members have an opinion on the matter, but it might be a case of you consulting an immigration lawyer to get a professional opinion on this matter. Good luck.


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## George89 (Mar 2, 2013)

Hi

Thank you for replying. If they don't accept my salary it will be the most stupid thing I will have ever seen. I earn more than the required amount but still will get turned down because my salary is non taxable? On their website they say that postgraduate studentships are a valid source of income. I could show bank statements showing how much I earn and that it exceeds the limit. I will not let this government play around with my life and my relation and if worse comes to worse will leave the country


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## sabs (Aug 18, 2012)

Hey, I am not more experienced or anything. But I found this on the UKBA website.

(k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement.

So I agree with Leanna, it's highly unlikely that UKBA will think you meet the financial requirement. Since you are not that short, maybe you can combine your savings with your income?

It is frustrating when you are so close, but you are not alone here. 

Good luck.


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## Leanna (Oct 22, 2012)

George89 said:


> Hi
> 
> Thank you for replying. If they don't accept my salary it will be the most stupid thing I will have ever seen. I earn more than the required amount but still will get turned down because my salary is non taxable? On their website they say that postgraduate studentships are a valid source of income. I could show bank statements showing how much I earn and that it exceeds the limit. I will not let this government play around with my life and my relation and if worse comes to worse will leave the country


I said I wasn't 100% sure. Wait and see if some of the more experienced members have anything to say on the matter. 

All I know is that UKBA have given their ECO specific instructions to show NO FLEXIBILITY at all when it comes to meeting the financial requirement. So it may be a matter of you need £18,600 GROSS, whether or not its taxable, no wiggle room. Or they may have a special provision for non-taxable income, I don't know. We've never seen anyone try with non-taxable income that didn't appear to meet the requirement. But knowing how strict and non-flexible the UKBA is when it comes to the financial requirement, I'd bet the odds aren't in your favor I'm afraid. 

I cannot find anything in Appendix 1.7 regarding your specific case, the only information that may indicate that you won't be successful is the following:

_3.2.1. Caseworkers cannot exercise *any discretion* or flexibility with regard to the level of the financial requirement that must be met. It is a matter of public policy to introduce a financial requirement based on an income threshold for the sponsorship of partners and children. Therefore, it must be clear and consistently applied in all cases. 

3.2.3. The onus is on the *applicant* to demonstrate that the financial requirement is met in their case. Caseworkers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met. _

The only other question I have - you say you earn £16,416 annually (pre and post-tax) which is 'equivalent' to a salary of £21,000. I'm unfamiliar with UK taxation - is this an 'official' calculation that you've made or simply an estimation given known taxation rates? The reason I ask is that if its an official calculation you've made on the HMRC Website, for example, you may have a more convincing argument than if you've simply estimated your 'actual' wage. 

Again, see if someone else pops on with an opinion. It might be a good idea to contact an immigration lawyer and seek professional advice as well.


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## George89 (Mar 2, 2013)

Thank you for your replies. I used a reverse tax calculator on my iphone before giving me over 21000. I just used the Salary Calculator website which gave me a lower value of £20,400 but this meets the required level.


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## Leanna (Oct 22, 2012)

George89 said:


> Thank you for your replies. I used a reverse tax calculator on my iphone before giving me over 21000. I just used the Salary Calculator website which gave me a lower value of £20,400 but this meets the required level.


I think your best course of action is to consult an immigration specialist who may be able to advise you on this specific case. I doubt UKBA would accept a reverse-tax calculation as solid evidence to meet the financial requirement. 

I imagine you have a lot on your plate at the moment, job and phD and all that, perhaps an easier course is to look for additional work? Anything that would bump your total income over the threshold? It wouldn't take much as you're just over £2,000 short. Otherwise if you wanted to rely on savings you're looking at over £21,000 in savings to meet your shortfall.


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## George89 (Mar 2, 2013)

sabs said:


> (k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement.
> 
> So I agree with Leanna, it's highly unlikely that UKBA will think you meet the financial requirement. Since you are not that short, maybe you can combine your savings with your income?
> 
> ...


I have read the part (k) of their document but I can't see how it is relevant as I don't get taxed. Furthermore I do not have over £16000 savings.


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## Leanna (Oct 22, 2012)

George89 said:


> I have read the part (k) of their document but I can't see how it is relevant as I don't get taxed. Furthermore I do not have over £16000 savings.


I believe what UKBA is attempting to state in that bit is that tax or no tax, they will take whatever income you have, regardless of whether its gross income or taxed. 

Say, if you cannot prove GROSS income and can only show post-tax income, UKBA will take your post-tax income at face value and use that to meet the financial requirement. 

It is, in a way relevant then, as since you only have your gross income, UKBA most likely will not use any form of calculation to determine what your income 'should be' if you were to get taxed. They will just take your income as it is, no calculation, and that would be why you wouldn't meet the requirement.


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## George89 (Mar 2, 2013)

Leanna said:


> I think your best course of action is to consult an immigration specialist who may be able to advise you on this specific case. I doubt UKBA would accept a reverse-tax calculation as solid evidence to meet the financial requirement.
> 
> I imagine you have a lot on your plate at the moment, job and phD and all that, perhaps an easier course is to look for additional work? Anything that would bump your total income over the threshold? It wouldn't take much as you're just over £2,000 short. Otherwise if you wanted to rely on savings you're looking at over £21,000 in savings to meet your shortfall.


Yes I will consult a specialist. I do casual work at my university department but this will be only a couple of hundred of pounds per year. I mean if if my partner is refused a visa because of this, it will be ridiculous. Someone else who earns less than me monthly could meet the requirement and I can't? I think this is just another way that the UK government has devised to ruin peoples lives.


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## 2farapart (Aug 18, 2011)

George89 said:


> Hello everyone
> 
> I was wondering if somebody could help me with my problem as it is causing me a lot of stress. I know that there is a new law stating that you must earn £18600 gross in order to bring over a spouse. This is £1550 per month gross and about £1265 take home. Now i earn more than this as i get £1368 take home a month. However i am a phd student so my salary is non taxable. I earn £16416 per year which is non taxed which is equivalent of a taxable salary of over £21000. I was wondering whether the ukba may only look at my stripend of16416 and not take it into account that it is non taxable. Can someone please advise me on this? I feel that i meet the requirement but my be turned down due to them not considering that my take home pay is non taxable. Any help appreciated
> 
> George


Hi George

A stipend under UKBA rules is regarded as *non-employment income *where tax isn't a factor as such. However, the threshold amount is till £18,600 for non-taxable income and so, in order to qualify, your stipend must equal £18,600.

You can make up the difference with savings, but a large sum is required (£21,460 in your case) and the savings must have been held for 6 months or longer. The other option I can suggest is, if time allows, securing yourself a small part-time job with earnings that can be combined with your stipend. You're only just over £2K short so it wouldn't need to be much of a job.


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## George89 (Mar 2, 2013)

Thanks for your replies

I will see a lawyer. I cannot believe that the UK operates like this. I am being punished for wanting to study further which is unfair. I may have to go the visitor route now or I will just leave my phd and move abroad.

Thanks

George


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## George89 (Mar 2, 2013)

Hi everyone

I thought I would update you on my situation. I saw a immigration solicitor today and he confirmed what you have said. However he did say that my case is unique and the rules for the financial requirement have never in his experience been tested in such a way. Furthermore, he said that if common sense prevailed it would show that I meet the minimum monthly salary and a legal case could be put forward in the form of an appeal. I have also decided to carry out some private tuition to supplement my income. However this will be cash in hand so I don't know how I will prove it. Wish me good luck everyone.


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## AmyD (Jan 12, 2013)

Hi George, 

Your appeal is going to fail because you do not meet the financial requirement. The rules state you must show an income of £18,600 per year; there is no flexibility in that. Any immigration solicitor who tells you differently is misleading you.

I know how frustrating this must be, and it isn't what you want to hear, but you should not get your hopes up.

Good luck no matter what you decide to do.


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## George89 (Mar 2, 2013)

Thanks for the encouragement Amy. You really have made my day.


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## AmyD (Jan 12, 2013)

George, 

It would be irresponsible for anyone to "encourage" you to appeal when you can't win this one. The rules are clear, and there is no flexibility in them. You're not exempt just because you feel like you have a unique situation. This forum, and others, are full of stories of people who think the UKBA will change for them, and the result is always disappointing.

That said, I don't think you're doomed. I think if there is a way to maybe get a part-time job to make up the shortfall, or if there are savings you can rely on, you have as good a shot as anyone. I do wish you the best of luck but please don't throw away money on solicitors who are lying to you or giving you false hope. Work inside the rules and you can get there.


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## nyclon (Apr 3, 2011)

George89 said:


> Hi everyone
> 
> I thought I would update you on my situation. I saw a immigration solicitor today and he confirmed what you have said. However he did say that my case is unique and the rules for the financial requirement have never in his experience been tested in such a way. Furthermore, he said that if common sense prevailed it would show that I meet the minimum monthly salary and a legal case could be put forward in the form of an appeal. I have also decided to carry out some private tuition to supplement my income. However this will be cash in hand so I don't know how I will prove it. Wish me good luck everyone.


I believe you'll have to register for self assessment.


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## Leanna (Oct 22, 2012)

George89 said:


> Hi everyone
> 
> I thought I would update you on my situation. I saw a immigration solicitor today and he confirmed what you have said. However he did say that my case is unique and the rules for the financial requirement have never in his experience been tested in such a way. Furthermore, he said that if common sense prevailed it would show that I meet the minimum monthly salary and a legal case could be put forward in the form of an appeal. I have also decided to carry out some private tuition to supplement my income. However this will be cash in hand so I don't know how I will prove it. Wish me good luck everyone.


Yes, that's why I think I was so hesitant to give you advice either way - you're right in that 'logically' given your tax situation you "should" be okay, but it is definitely not the way of UKBA to think in that sense. I know I've never seen anyone with your circumstances apply, so if you do choose to go ahead please update us as you go, it will be interesting to see how UKBA respond. Thanks for the update, though. 

Excellent idea to carry out some additional work. If it is cash in hand ie. not paying taxes, I believe you'll have to do as Nyclon said. 

Either way, good luck. I hope everything goes your way, and do keep us updated.


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## George89 (Mar 2, 2013)

Leanna said:


> Yes, that's why I think I was so hesitant to give you advice either way - you're right in that 'logically' given your tax situation you "should" be okay, but it is definitely not the way of UKBA to think in that sense. I know I've never seen anyone with your circumstances apply, so if you do choose to go ahead please update us as you go, it will be interesting to see how UKBA respond. Thanks for the update, though.
> 
> Excellent idea to carry out some additional work. If it is cash in hand ie. not paying taxes, I believe you'll have to do as Nyclon said.
> 
> Either way, good luck. I hope everything goes your way, and do keep us updated.


Thank you for your kind words! I will let you know what happens after I apply


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## 2farapart (Aug 18, 2011)

Cash-in-hand work for your tuition is absolutely fine and can be combined with salaried employment and other income types too (including your stipend), BUT it is also classed as self-employment which will automatically switch your qualifying period from the last 6-12 months to the last *full financial year*, and so is going to make the situation worse for you if time is an issue (because you won't be able to apply until April 2014 unless you already have a year's self-assessment for 2012-13). For self-employment requirements, take a look at Section 9 of the Guide to meeting the Financial Requirement. You could avoid this horrible obstacle by taking on a part-time salaried job instead.

Good luck!


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## George89 (Mar 2, 2013)

Hello

A relative has kindly decided to gift me some money. I may place this then into my account and then apply for the visa following the 6 months


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## 2farapart (Aug 18, 2011)

That will work. You'll need to declare source of the gift, but provided UKBA is satisfied that the money is really yours to use, there will be no problems.


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## Daisy81 (Mar 18, 2013)

Hi everyone,

My partner (British national) is in the process of relocating myself (South African) to the UK. He does meet the financial requirement, however he works as a sub contractor for various companies and I believe the paperwork involved to support your application is tedious. You have to show them original documents of everything. We all know that in today's world everything is computerised i.e scanned contracts and invoices. Can someone please tell me how strict the UKBA is with providing supporting documents which to submit with your application. It is such a pain knowing that your sponsor does earn over and above the required income, yet you have to prove the documentation as well. This is besides the bank statements, which is a given.

Any advice is welcome.


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## Leanna (Oct 22, 2012)

Daisy81 said:


> Hi everyone,
> 
> My partner (British national) is in the process of relocating myself (South African) to the UK. He does meet the financial requirement, however he works as a sub contractor for various companies and I believe the paperwork involved to support your application is tedious. You have to show them original documents of everything. We all know that in today's world everything is computerised i.e scanned contracts and invoices. Can someone please tell me how strict the UKBA is with providing supporting documents which to submit with your application. It is such a pain knowing that your sponsor does earn over and above the required income, yet you have to prove the documentation as well. This is besides the bank statements, which is a given.
> 
> Any advice is welcome.


Pretty strict. Depending on the type of employment, there are specific things you will NEED to include with your application. Payslips, bank statements, job contract are definitely given. If you cannot source originals, photocopies will do (for some things like job contract) if it can be stamped and initialled by the employer.


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## Daisy81 (Mar 18, 2013)

Leanna said:


> Pretty strict. Depending on the type of employment, there are specific things you will NEED to include with your application. Payslips, bank statements, job contract are definitely given. If you cannot source originals, photocopies will do (for some things like job contract) if it can be stamped and initialled by the employer.


Thank you for the reply. He is an offshore worker and does contracts in UK and other parts of the world. What paperwork will he need to provide to support his financial background?? He has a registered LTD company, he does not get payslips but he submits invoices to his clients for work done. Must he request remittances from the companies he works for?


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## Leanna (Oct 22, 2012)

Daisy81 said:


> Thank you for the reply. He is an offshore worker and does contracts in UK and other parts of the world. What paperwork will he need to provide to support his financial background?? He has a registered LTD company, he does not get payslips but he submits invoices to his clients for work done. Must he request remittances from the companies he works for?


Hmm. This is a little outside my knowledge base. Best to wait and see if some of the more knowledgeable forum members come around in a few hours that can answer your question. In the meantime you can check out FM-SE on the UKBA website and read through all the different types of documents they require - they do break it down depending on the category of employment (Self-employed, etc).


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## 2farapart (Aug 18, 2011)

George89 said:


> Hello everyone
> 
> I was wondering if somebody could help me with my problem as it is causing me a lot of stress. I know that there is a new law stating that you must earn £18600 gross in order to bring over a spouse. This is £1550 per month gross and about £1265 take home. Now i earn more than this as i get £1368 take home a month. However i am a phd student so my salary is non taxable. I earn £16416 per year which is non taxed which is equivalent of a taxable salary of over £21000. I was wondering whether the ukba may only look at my stripend of16416 and not take it into account that it is non taxable. Can someone please advise me on this? I feel that i meet the requirement but my be turned down due to them not considering that my take home pay is non taxable. Any help appreciated
> 
> George




Hi George - sorry to dredge up an older thread, but I've just read of a change/rule clarification that might help you. Full details of the changes being introduced on 6th April 2013 are in Joppa's summary here: http://www.expatforum.com/expats/br...k/146446-changes-immigration.html#post1089486, but the change I especially thought of you was this:


> * To confirm that, where an academic stipend or maintenance grant is or will be paid on a tax-free basis, the gross equivalent amount may be counted as income.


This appears to mean that your original plan of calculating your gross stipend is likely to be allowable as of 6 April 2013. Does this help you?


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## Joppa (Sep 7, 2009)

To get the gross equivalent ('gross-up'), just divide the net (or tax-free) amount by 0.8. So if you get £9600 tax-free, gross equivalent would be 9600 / 0.8 = £12,000.


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