Spouse visa - financial evidence, advice needed

Hi again all! We are getting close to having everything together finally but I'm hung up on what feels like the dumbest thing.

We are applying under financial category B. I have proper copies of all the bank statements, and all but 4 of the weekly pay stubs for the last 12 months (the company lost these and we never received them). 

They are refusing to send a letter stating the copies are authentic or accurate because they can't verify what we ultimately send in with our application (I must've made it sound sketchy). So the obvious suggestion from me to the HR manager was that the letter specifically refer to the 4 pay stubs only and include dates and dollar amounts or any other relevant identifying info. I also suggested, if that doesn't work for them, that they hand write on each one the same info. and state that it is accurate and sign it (not even sure that would be ok but I'm at a loss here). I'm waiting to hear back on those but they continue to tell me they can't, what else can I do? Can my husband explain this in his sponsor letter or other info. section?

Thanks!

It sounds like they are going to send the letter! I'm sure someone would have come along with advice on how to proceed if they'd refused and I feel really fortunate to be able to ask here!

Hi all,

I am in the process of sponsoring my wife who lives overseas. My annual income is above the legal threshold of 18.600. However, the monthly rent of the 3-bed house that I rent for the last 8 years is 1700. My solicitor thinks this might constitute a reason for HO to refuse on the grounds of "affordability" as the rent is remarkably higher compared to my monthly income. Some other solicitors that I consulted rule this out and claim that HO is only interested in our income, not outgoings. I have been sub renting two of my rooms for the last 10 months and asked my accountant to include this in my tax returns this year. I, technically, pay like 650 rent at the end of the month with all the bills and councils tax included.

I am deeply concerned about this issue and literally stuck at the moment. Does my outgoings have considerable bearing on my income which is 28.375 for the last 12 months. Any opinion and advice is greatly appreciated indeed!

Many thanks

Hi all,

I am in the process of sponsoring my wife who lives overseas. My annual income is above the legal threshold of 18.600. However, the monthly rent of the 3-bed house that I rent for the last 8 years is 1700. My solicitor thinks this might constitute a reason for HO to refuse on the grounds of "affordability" as the rent is remarkably higher compared to my monthly income. Some other solicitors that I consulted rule this out and claim that HO is only interested in our income, not outgoings. I have been sub renting two of my rooms for the last 10 months and asked my accountant to include this in my tax returns this year. I, technically, pay like 650 rent at the end of the month with all the bills and councils tax included.

I am deeply concerned about this issue and literally stuck at the moment. Does my outgoings have considerable bearing on my income which is 28.375 for the last 12 months. Any opinion and advice is greatly appreciated indeed!

Many thanks

It's my understanding that they're solely concerned with income, and not expenditures.

Outgoings have no bearing on the application at all. All the matters is that your annual income is at least £18,600 per year.


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Do not use that solicitor.  They don't understand the rules and requirements!!  Major red flag.

Thanks everyone!

I quite agree with you all, HO has no question or whatsoever on any form regarding my expenditure. However, like my solicitor says, what would they think if they have a look at my rental agreement with 1700  pound a month and my income a tad more than that?

Thanks everyone!

I quite agree with you all, HO has no question or whatsoever on any form regarding my expenditure. However, like my solicitor says, what would they think if they have a look at my rental agreement with 1700  pound a month and my income a tad more than that?

As mentioned, they don't take that into consideration.  As an observer, I would presume that you have income from other sources which enables you to take on a rent which is high in relation to your income from employment.

Thanks everyone!

I quite agree with you all, HO has no question or whatsoever on any form regarding my expenditure. However, like my solicitor says, what would they think if they have a look at my rental agreement with 1700  pound a month and my income a tad more than that?

It doesn't matter what they think, it's a tick-box visa... the personal opinion of the ECO has no bearing on the application.

The visa will be assessed as follows:
- does the sponsor have a job paying more than £18,600? Yes
Tick
- has the sponsor provided the required evidence to show this? Yes
Tick
Financial Requirement met

- does the sponsor have suitable accommodation? Yes
Tick
- has the sponsor provided a valid tenancy agreement and permission from the landlord for the applicant to live there? Yes
Tick
Accommodation Requirement met

- is the applicant in a genuine relationship with the sponsor? Yes
Tick
- have they provided suitable evidence to prove this? Yes
Tick
Relationship Requirement met

Visa Approved

The only situation in which your monthly outgoings would be considered would be if you were on UK benefits which meant you were exempt from meeting the financial requirement (such as disability allowance, PIP, carer's allowance etc.).

In that case you would have to show that, after paying rent and council tax, you had at least as much left over as a UK couple on income support would receive from the government each week. This amount is £114.85 per week for 2017/2018. So you would need to show: Your Income - (Rent + Council Tax) >= £114.85 per week

But if you earn more than £18,600 per year, you are not exempt from the financial requirement, and therefore ALL you have show is that your annual income is at least £18,600... before any outgoings.

Feel free to start your own thread with your situation and the details of how you are meeting the requirements for the visa and we can help you navigate the documents required and the application process (as KFDancer said, I would definitely not use that solicitor to help you with your visa application as it appears they don't have a clue what they are talking about).

Dear All,

I am so happy i found this forum and found too many answers to my question. Greatly appreciated!

I do have an overseas business and some savings. Plus I rent two of my rooms to lodgers every now and then. Technically, I am financially capable of bringing my wife here. And yes, I tick all the boxes in HO's essential criteria.

Have done a terrible mistake by hiring this solicitor who made a few more silly mistakes along the way. he was recommended to me by a friend's friend and I know I had to take that recommendation with a pinch of salt. Paid 1000pound upfront and now worried about getting it back. I have evidence that he made unacceptable mistakes in both building up my case and in application form itself too.

Dear All,

I am so happy i found this forum and found too many answers to my question. Greatly appreciated!

I do have an overseas business and some savings. Plus I rent two of my rooms to lodgers every now and then. Technically, I am financially capable of bringing my wife here. And yes, I tick all the boxes in HO's essential criteria.

Have done a terrible mistake by hiring this solicitor who made a few more silly mistakes along the way. he was recommended to me by a friend's friend and I know I had to take that recommendation with a pinch of salt. Paid 1000pound upfront and now worried about getting it back. I have evidence that he made unacceptable mistakes in both building up my case and in application form itself too.

Happy to help .

I'm sorry about your solicitor. Unfortunately, this happens a lot - people pay a solicitor who gives them bad advice and then they end up either finding the forum and realising they've been told incorrect information, or they end up with a visa refusal (due to the bad advice) and find the forum afterwards.

Honestly, a lawyer is only needed if you have serious reason to believe you will have trouble being granted a visa, for example, the visa applicant has serious criminal convictions or a bad UK immigration history (refused visas/entry, illegal overstaying or illegal working in the UK in the past).

If you can start a new topic (to save hijacking this thread), we can help you figure out how you can meet the financial requirement.