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help please

Discussion in 'UK Visa and Immigration Help' started by kris100, May 22, 2015.

  1. kris100
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    kris100 New Member

    Hi to all. I just want to ask if its possible to apply fiancee visa even my boyfriend is not working for two months now. But we meet the financial requirement already. Hope for your reply. Thank you. Xx
  2. Timmers
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    Timmers Well-Known Member Trusted Member

    Hello kriss100 and welcome to British Filipino, you can still apply for the visa as long as your boyfriend has around £63,500 in the bank that has held there for six months prior to the application. In that case you will be meeting the financial requirement with savings only.

    Good luck with the application :)
  3. kris100
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    kris100 New Member

    I dont think he have that kind of money. From his previous job he meet the financial requirement last march. But he is not working now for two months. He is self employed.
  4. Timmers
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    Timmers Well-Known Member Trusted Member

    If I was you I would make up a good reason (maybe there is a reason) why there will be a 2 month gap in your boyfriends work history, maybe just say that the company took longer to set up than you thought or something like that, you can use the additional information page on the visa application to do this. Send in his last 8 months bank statements with payslips and P60 showing his previous employment and also send in any information/payments regarding the new business, at the end of the day he will still have to prove that his new business will pay over the financial requirement of £18,600.

    Its a bit tricky really because you have the two months missing, alternatively you could wait until he has been in business six moths then apply, note that normally when you apply and you are self employed the UKVI asks for two years of business transactions but in your case you cannot do that.

    You should have applied for the visa before his last job ended, less trouble, I became self employed myself just a few days after my wifes visa was granted for this very reason.

    See what some of the other boys and girls have to say here.
  5. Maharg
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    Maharg Well-Known Member Trusted Member

    If self-employed you need more than 6 months information. You need to supply 2 financial years of completed accounts, approved by an accountant.

    Also, you need to provide bank statements going back to the start of the last financial year.

    Eg, we are applying in November, and the Financial Year ends in April, so will need to provide business bank statements going back to April 2014, in order to cover one whole financial year.

    Self-employed is a lot more tricky than if you are in employment, and having 2 blank months will, if I'm honest, cause major problems. You may need to wait unti he has done a whole financial year without any months that fall below the threshold.
    • Agree Agree x 1
  6. Anon04576
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    Anon04576 Well-Known Member

    My thought too. Don't apply unless you have up to date evidence. We have said it before about DHLing our payslips within weeks of submission of documents.
  7. Timmers
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    Timmers Well-Known Member Trusted Member

    I think they could be okay, at the end of the day the UKVI are looking for the financial requirement (£18,600) to be met over a 12 month period, for example I could meet the financial requirement working only a few months of the year and sit at home for the rest. I pay myself £883 per month out of my business, what if I only paid myself a dividend once a year, I would then need the full financial year to prove that I meet the requirements. The only reason the UKVI asks for six months wage slips is because that is enough to establish that you meet the requirement. I don't think an explained absence from work of two months would be a problem if you still meet the requirement in that financial year, see passage below from the financial form;


    3.22 If your sponsor has not been employed by the same employer for 6 months prior to the
    application does their total income (before tax) from salaried employment received in the
    12 months prior to your application meet or exceed the financial requirement you must meet?
    Last edited: May 22, 2015
  8. Anon220806
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    Anon220806 Well-Known Member

    Yes, it can come under the UKVI heading of Variable Income.

    Section 5.3 Category B

    https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf
    • Like Like x 1
  9. Anon04576
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    Anon04576 Well-Known Member

    You make a good point Trimmers :)
  10. Maharg
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    Maharg Well-Known Member Trusted Member

    Two months without working over a sustained period of work might not be a problem.

    Submitting proof that you were working until 2 months ago and haven't worked since? To me that's a big red flag. Particularly if applying for an entry visa.
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  11. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Must admit I have not read the regulations on earned income requirement as it does not apply to me. The immigration authorities are interested in how a sponsor can fund a visa applicant for the next 2.5 years. It does not matter what their past earnings were if they have no income now and insufficient savings (i.e. less that £62,500)

    I feel pretty sure that the sponsor will now have to satisfy the requirement as a self-employed person and that his former income as a salaried person would count for nought (at least until he starts earning self-employed income anyway)

    I just found a very useful table on here...

    https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf

    Scroll down to page 17 and it shows what income sources can be mixed. May take a bit of deciphering though!
    Last edited: May 22, 2015
  12. kris100
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    kris100 New Member

    WHat if he will apply again on the same company he is been working before. Can we apply the visa after two mons?
  13. Anon220806
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    Anon220806 Well-Known Member

    I agree. Yes.
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  14. kris100
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    kris100 New Member

    My partner had 2 month gap between march 2015-may 2015 but is now back at work for same compAny. we were going to use his pay slips from march 2013 to march 2015 which are well over the £18600 and that would hide the break he took. But he is working again for the same company.
  15. Maharg
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    Maharg Well-Known Member Trusted Member

    You can't use payslips up to March 2015. The most recent has to be within 28 days of application.

    You say he is self employed? If self employed he won't have payslips and will need to show detailed accounts for a whole financial year so you need to clarify that.

    I would say that if he had just had 2 months away from work that this is not a good time to apply.
  16. Maharg
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    Maharg Well-Known Member Trusted Member

    If he is self employed, this is my best suggestion.

    A financial year runs from April to April. So get full accounts of his last financial year, plus SA302, copy of tax return and HMRC statement fir that year. Also get a NI statement for that year and ensure he paid NI in the 2 months he wasn't working.

    Get a letter from an accountant spelling out his earnings from that year.

    Then wait until he has earned enough since April to cover another financial year. Eg, if he has earned 9,300 after 6 months after expenses then you could apply.

    Get another accountant letter explaining how he is over the threshold.

    Show invoices for the 6 months, plus highlight all payments in and NI contributions on his bank statements.

    You really can't cut corners on self employment. I know that from our own experience of being unsuccessful on our own first attempt.

    So at the very least you should wait until this year's earnings cover him.

    Also include a letter from both him and from the people he works for explaining the reason for the 2 month lack of work and how he is still over the threshold.
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