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Topic: Confused on the financial requirement - UK Spouse Visa help!  (Read 1682 times)

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Confused on the financial requirement - UK Spouse Visa help!
« on: December 01, 2019, 09:53:27 PM »
Hey all, I'm quite confused with the financial requirement here and figured this would be the place to ask for assistance.

My fiance will be sponsoring me, and she's in the process of making enough money per month x6 to meet the requirements, but then after reading more into the visa, we hit a snag.

She works for a dog behavioral company in Kent, but she's listed as a nonemployee, sort of like an individual who essentially "works for herself" even though they set up all the work/dogs/etc, it's a small company of about 10 people.

At first, I thought we just needed to meet the financial requirement of 6 months, but now if she's listed as "owning" her own company, I believe it's one year now of financial requirements? She just started working at the company about 4 months ago, and starting next month will begin to earn enough to sponsor me.

Am I reading this right? Did we just go from 6 months to now 12? And if so, is it possible for her employer to list her as an "employee" so we don't have to wait a full year until we apply?


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #1 on: December 01, 2019, 10:21:33 PM »
Does she have to file her own taxes or is she paye?


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #2 on: December 01, 2019, 10:37:32 PM »
She will have to file her own taxes, as she's listed as a sole trader/service provider I believe.

If so, we couldn't find until April of 2021, could we?

Would it be worth asking her boss if it's possible to change her employment status to an "employee" where we cut this 12 months/self-ownership out?
« Last Edit: December 01, 2019, 10:40:51 PM by Morlu22 »


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #3 on: December 01, 2019, 10:46:04 PM »
She will have to file her own taxes, as she's listed as a sole trader/service provider I believe.

If so, we couldn't find until April of 2021, could we?

Would it be worth asking her boss if it's possible to change her employment status to an "employee" where we cut this 12 months/self-ownership out?

You need a full years worth (or two years) for the self employed categories.

I would ask if they can take her on as an employee. It's not just the length of time involved but self employment is far more complicated to evidence and much easier to be refused over.

If they do agree, she'll be starting at the beginning of the 6 months again but avoiding a lot of complicated navigating around the self employment rules.


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #4 on: December 01, 2019, 11:12:03 PM »
I see, thank you!

Would it be really hard for her employer to change her status to an employee?

Finding out we have to go from 6 months to a full year has definitely been a little soul crushing.


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Confused on the financial requirement - UK Spouse Visa help!
« Reply #5 on: December 01, 2019, 11:55:26 PM »
I see, thank you!

Would it be really hard for her employer to change her status to an employee?

I don’t know - that’s something she’ll need to ask her employer.

Quote
Finding out we have to go from 6 months to a full year has definitely been a little soul crushing.

It’s also not just a full year but a full FINANCIAL year, so if she continues as being self-employed, she won’t have a full financial year of self-employment income until April 2021. Also, the self-employment category requires about 13 or 14 different documents, all of which must be included and meet specific requirements... so it’s tricky to get right, meaning more chance of the visa being refused (we had one person refused because they were 1 day short of being self-employed for an entire financial year).

But if she is able to become an employee of the company, she could sponsor you in 6-7 months (June/July 2020) instead of waiting until she has filed her taxes and has all the paperwork back after the end of the financial year in April 2021, and she would only need to provide payslips, bank statements and an employer letter as mandatory documents.



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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #6 on: December 02, 2019, 12:36:09 AM »
Thank you for your reply!

Yeah, she may just try to find another job if the company won't switch her employment status.

Will it be a red flag if we tick the first full month of her employment (assuming she gets another job) as counting for the first of the 6 months to qualify me to enter the UK on the visa?


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #7 on: December 02, 2019, 12:38:37 AM »
Thank you for your reply!

Yeah, she may just try to find another job if the company won't switch her employment status.

Will it be a red flag if we tick the first full month of her employment (assuming she gets another job) as counting for the first of the 6 months to qualify me to enter the UK on the visa?

That's not an issue.


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #8 on: December 02, 2019, 12:51:37 AM »
Wonderful, thank you!


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #9 on: December 02, 2019, 11:01:14 AM »
Alternatively, have you thought about sponsoring her to move to the USA?


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #10 on: December 02, 2019, 01:28:41 PM »
Alternatively, have you thought about sponsoring her to move to the USA?

Yeah it would be on the cards if this couldn’t work out in one way or another.


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #11 on: December 02, 2019, 01:34:58 PM »
Yeah it would be on the cards if this couldn’t work out in one way or another.

I would just hate for you guys to have another year and a half wait to sponsor to the UK!  UK to USA would take 4-6 months (just a tad longer than USA to UK).


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Re: Confused on the financial requirement - UK Spouse Visa help!
« Reply #12 on: December 02, 2019, 01:38:50 PM »
I would just hate for you guys to have another year and a half wait to sponsor to the UK!  UK to USA would take 4-6 months (just a tad longer than USA to UK).

Aw thank you. It was a real shocker to me that I could be financially sponsored in the US to sponsor her, but she’s the sole individual for the UK visa. On top of now finding this out about the business, it definitely is rough.

It’ll depend on the conversation she has this week with her boss, and if It could even be viable to find another job that at least pays the minimum £18,600 to qualify.


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