# Alternatives for low income for Spouse Visa



## highfive (Jul 12, 2012)

Hello wonderful people,

1. I am planning to get married in Egypt very soon and while things were going according to plan just like everyone else in similar position, we are now facing the wrath of the minimum annual income of £18600 (£357.69 a week).
I have a permanent full time I earn £258 a week and apart from trying to find a new job or addtional part time job I want to know what other options are available to me.
And if I need savings in my account how much?


2. I would like to know if Working Tax Credit its considered as a public fund as I am thinking of making a claim


3. I am currently living in a 2 bedroom council house which is under my Aunts name and I am living there as a non-dependend. She receive income support and claims housing benefits but gets deducted about £9.40 a week because of the non dependend (me). I would like to know if this will be suitable accomodation with a letter from the landlord to state i can bring my wife to live in the same property.


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## 2farapart (Aug 18, 2011)

Hello and welcome to the forum!



highfive said:


> Hello wonderful people,
> 
> 1. I am planning to get married in Egypt very soon and while things were going according to plan just like everyone else in similar position, we are now facing the wrath of the minimum annual income of £18600 (£357.69 a week).
> I have a permanent full time I earn £258 a week and apart from trying to find a new job or addtional part time job I want to know what other options are available to me.
> And if I need savings in my account how much?


Yes, you can use savings instead. The GOOD news is that your savings can be considered jointly provided you've held them for six months or more. The bad news is that you need a huge amount...

By very rough maths (ie multiplying your £258 x 52 weeks) it approximates £13,400, which is £5,200 short. Savings is calculated by shortage multiplied by 2.5 (£13,000) added to a base amount of £16,000 that applies to everyone. So you would need to hold £29,000 in an account in your name, and have held it for 6 months prior to applying. This is utterly horrible to most of us and so the more you can top up your income, the better. We had a poster here earning £18,000 - just £600 less - that STILL meant she must have £17,500 - a bewildering amount for such a small shortfall. Unfortunately, these are the new rules.




> 2. I would like to know if Working Tax Credit its considered as a public fund as I am thinking of making a claim


Unfortunately not. No tax credits (working or child) can be counted. Other income can be (for example: pension, rent from a property portfolio, dividends from shares. There are some exemptions depending on circumstances (such as for some HM Forces personnel, people receiving DLA or Carer's Allowance) but not much else.



> 3. I am currently living in a 2 bedroom council house which is under my Aunts name and I am living there as a non-dependend. She receive income support and claims housing benefits but gets deducted about £9.40 a week because of the non dependend (me). I would like to know if this will be suitable accomodation with a letter from the landlord to state i can bring my wife to live in the same property.


I'm unclear about local authority tenancy rules and non-dependents' right to remain, but if the local authority is willing to write that you're both entitled to live there, that would be great - an official letter from an official body. Provided there's no overcrowding, this would be fine.


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## highfive (Jul 12, 2012)

I have to 2 account current and savings. I can show 6 month statements on my current account 
but then I will have to wait another 6 month to show I have held £29000. 
If I can transfer £29000 into my savings account and say after a month get a letter a from my bank to proof I have funds without waiting for 6 months will that work?


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## 2farapart (Aug 18, 2011)

I'm not really sure - but am doubtful. The rule states this:



> 170. In respect of the use of cash savings to meet any shortfall against the income threshold under the financial requirement:
> 
> • To be counted, the sponsor, the applicant or both jointly must have cash savings of more than £16,000 (the level of savings at which a person generally ceases to be eligible for income-related benefits), *held by the sponsor, applicant or both jointly (but not with a third party) for at least 6 months at the point of application and under their control.*


If the money isn't already in your bank account, do you have anything that would prove the money has been in your control for at least six months, no matter where it is? If so, that would likely help. You will need to demonstrate this same level of income-plus-savings at each Further Leave To Remain visa, and a lesser £16,000 + £5,200 shortfall NOT multiplied (ie £21, 200) when applying for ILR if your income remains the same.


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## highfive (Jul 12, 2012)

Another question
If I state I am self employed and I have business running abroad and i receive income of around £1600 a month which is above the minimum requirement, how can i explain this and what evidence do I need to show apart from 6 month bank statement?


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## 2farapart (Aug 18, 2011)

Frustratingly, I cannot find specific guidance on evidence required in the new rules and so I cannot provide a link. So I'm taking this information from the Statement Of Intent which was released to describe the full implementation of changes and quoting it below...

There are two ways to meet the requirement through self-employment:


> *Category F:* The sponsor and/or the applicant (if they are in the UK with permission to work) is in self-employment at the point of application and in the last full financial year received self-employment and other income (salaried, specified non-employment and pension) sufficient to meet the financial requirement applicable to the application.
> 
> *Category G: *The sponsor and/or the applicant (if they are in the UK with permission to work) is in self-employment at the point of application and *as an average of the last two full financial years* received self-employment and other income (salaried, specified non-employment and pension) sufficient to meet the financial requirement applicable to the application.


About how the money can be calculated:



> *In respect of earnings from self-employment:*
> • There must be evidence of ongoing self-employment at the point of application.
> • In demonstrating the required level of income to meet the financial requirement, earnings from self-employment can be combined with income from another source(s), including salaried employment, for the relevant financial year(s).
> • The sponsor (or the applicant where they are in the UK) must be registered as self-employed in the UK.
> ...



And here's the specific guidelines in the Statement Of Intent indiciating the evidence you will need to provide:



> *Self-employment – partnership, sole trader, franchise: Evidence of all of the following must be submitted:*
> 
> • The amount of tax payable for the last financial year; the amount of tax paid for the last financial year; and the amount of any unpaid tax for the last financial year.
> • Latest annual self-assessment tax return to HMRC and Statement of Account (SA300 or SA302). If necessary, the same for the previous financial year if the latest return does not show the necessary level of income, but the average of the last 2 financial years does.
> ...


It's a lot of information to quote. Hopefully, someone can point to an official source that now forms part of the formal rules and guidance, but until then, the above is the requirement for self-employment.


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## sped333 (Jul 17, 2012)

highfive said:


> Hello wonderful people,
> 
> 1. I am planning to get married in Egypt very soon and while things were going according to plan just like everyone else in similar position, we are now facing the wrath of the minimum annual income of £18600 (£357.69 a week).
> I have a permanent full time I earn £258 a week and apart from trying to find a new job or addtional part time job I want to know what other options are available to me.
> ...


1. Savings always helps, but when I applied I didn't really have any. You just need to show enough money coming in.

2. I would claim for working tax credit its's something your allowed to claim for in your own right.

3. Accommodation requirements are letter from the person you are living with and also a letter from the landlord would help. Tenancy agreement plus photos of the house showing a room for you and your wife's exclusive use.


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## 2farapart (Aug 18, 2011)

sped333 said:


> 1. Savings always helps, but when I applied I didn't really have any. You just need to show enough money coming in.
> 
> 2. I would claim for working tax credit its's something your allowed to claim for in your own right.


The rules changed on July 9th and this no longer applies. There is a minimum savings requirement of £62,500 if there is no income, or a calculated amount of savings to make up any shortfall (for example: if you're just short of £18,600 and only earn £18,000, you would need £17,500 to top that up). Anyone already en route to a settlement visa keep to the old rules, but new applicants on or after July 9th are considered under the 9th July rules (with a few exceptions such as HM Armed Forces).

Working tax credits (nor Child Tax Credits) are counted toward your income under the new rules.


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## highfive (Jul 12, 2012)

2farapart said:


> Frustratingly, I cannot find specific guidance on evidence required in the new rules and so I cannot provide a link. So I'm taking this information from the Statement Of Intent which was released to describe the full implementation of changes and quoting it below...
> 
> There are two ways to meet the requirement through self-employment:
> 
> ...




Thanks for the information unfortunately it does not answer my situation as the business is run abroad not in UK and I will be receiving the income from it through my bank.

Is there a way to contact UKBA about this?


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## Joppa (Sep 7, 2009)

highfive said:


> Thanks for the information unfortunately it does not answer my situation as the business is run abroad not in UK and I will be receiving the income from it through my bank.
> 
> Is there a way to contact UKBA about this?


Basically, overseas-generated income cannot be used to meet the minimum maintenance requirement, except in a few cases like pensions and rental and investment income.


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## mehemlynn (Nov 16, 2011)

highfive said:


> Thanks for the information unfortunately it does not answer my situation as the business is run abroad not in UK and I will be receiving the income from it through my bank.
> 
> Is there a way to contact UKBA about this?


You are the UK sponsor, right? Have you been living out of the country that you have this income, so you would be a couple moving home together? Otherwise, is it investment or property? Some can be counted, especially if it is regular income that can be proven. The rules are different for each.

Good luck. 

M


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## Joppa (Sep 7, 2009)

But it sounds like running a business overseas which won't be admissible.


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## highfive (Jul 12, 2012)

mehemlynn said:


> You are the UK sponsor, right? Have you been living out of the country that you have this income, so you would be a couple moving home together? Otherwise, is it investment or property? Some can be counted, especially if it is regular income that can be proven. The rules are different for each.
> 
> Good luck.
> 
> M



I have not lived outside UK but I have a truck abroad being managed by a company who use it to do export/import goods. I get paid monthly from around £1000-£1600 through my bank in the UK. I have a job here UK which does not meat the minimum requirement and this is the best way I can show I have other income to meet the requirement


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## Joppa (Sep 7, 2009)

highfive said:


> I have not lived outside UK but I have a truck abroad being managed by a company who use it to do export/import goods. I get paid monthly from around £1000-£1600 through my bank in the UK. I have a job here UK which does not meat the minimum requirement and this is the best way I can show I have other income to meet the requirement


As I said, that will be classed as business income which isn't admissible. It has to be non-employment earnings such as pensions, rental and investment (dividends, bank interest etc) income.


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## aqua3000 (Jun 16, 2012)

What does it mean by "in your control for 6 months" -

For example my shortfall is £25,000 - does that mean that my bank statement needs to show a minimum of £25,000 during those six months?? 

What if the balance falls by £10,000 in one month during that six month period??? Yet at the six month statement the balance shows £25,000...

Does that still mean that the money has been in my control for 6 months??!!


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## Joppa (Sep 7, 2009)

aqua3000 said:


> What does it mean by "in your control for 6 months" -
> 
> For example my shortfall is £25,000 - does that mean that my bank statement needs to show a minimum of £25,000 during those six months??
> 
> ...


The whole amount has to sit untouched in your account for 6 months, as it's meant to be used for living expenses after your visa is issued, not to dip into before.


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## aqua3000 (Jun 16, 2012)

Joppa said:


> The whole amount has to sit untouched in your account for 6 months, as it's meant to be used for living expenses after your visa is issued, not to dip into before.


so if I bought £10,000 of shares during that period and my balance falls during that period by £10,000 but I sell the shares and my balance is the same at month 6 - how does that work?? 

The money is still in my control even though they are shares they have value?? Or is this another stupid rule???


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## Joppa (Sep 7, 2009)

aqua3000 said:


> so if I bought £10,000 of shares during that period and my balance falls during that period by £10,000 but I sell the shares and my balance is the same at month 6 - how does that work??
> 
> The money is still in my control even though they are shares they have value?? Or is this another stupid rule???


Shares aren't cash deposit. And the money must be left untouched for 6 months. Isn't it simple enough?


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## khan khan (Nov 18, 2012)

*heloo*



2farapart said:


> Frustratingly, I cannot find specific guidance on evidence required in the new rules and so I cannot provide a link. So I'm taking this information from the Statement Of Intent which was released to describe the full implementation of changes and quoting it below...
> 
> There are two ways to meet the requirement through self-employment:
> 
> ...









im Refused by this rule bcz my statment was only for 6 months and my income was 8600 can i appeal agianst them or is there any other way ? i earned this amount only in 5 months


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## benthomas010 (Jun 5, 2012)

khan khan said:


> im Refused by this rule bcz my statment was only for 6 months and my income was 8600 can i appeal agianst them or is there any other way ? i earned this amount only in 5 months


No, you need to have earnt consistently for 6 months more than 1550 per month. They will take your lowest pay slip from the last 6 months and use that as the base to calculate your income from. 

As there would have been 1 month that you didn't get paid I would imagine that puts your base salary at zero.

Now you've just waste 800 odd quid in application fees. 😳


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