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Topic: Tier 1/HSMP Visas for husband/wife both US Citizens  (Read 395 times)

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Tier 1/HSMP Visas for husband/wife both US Citizens
« on: June 13, 2008, 08:19:58 PM »
Greetings! I've been lurking for about 2 months, gathering information. And reading some fascinating life journeys. Yet I've not seen a situation exactly like ours, though some come close. Curious as I don't think DH and I are anything unique.

Situation:
Both DH and I are solely US citizens (while DH is of Scottish descent, it's through his great great grandparents, so he's not eligible for the "grandfathering"). We'll be immigrating to London, UK.

We took the points calculator test and find that:
1.  DH's bachelor's degree = 30 points
2.  DH's income = 45 points
(There's the 75 necessary in that category)

3.  Native of English speaking country = 10 points
4.  £2,800 maintenance funds = 10 points
(He gets no points for age, or education or previous living in the UK)

Additional info:
1.  We have grown (and gone) children who'll remain in the US and no pets anymore :(

2.  DH's income comes from his own US corporation of which he is 100% shareholder, so all it's income belongs to him and tax records bare this out.

3.  Neither DH nor I will have prior UK employment or job offer. (Although we are no longer planning to work for ourselves. DH is a degreed, long-time experienced industrial construction manager and commercial pilot and will seek employment upon arrival, as will I.)

4.  We will arrive in the UK together. Time frame can be anywhere from Nov. 2008 - May 2009. (Trying to be flexible on getting the VISA).

5.  We've no known relatives or friends in the UK (well DH most certainly does, but we haven't met them yet.)


Questions:
1.  How much longer will it be before DH can apply from the US under the Tier 1 Scheme?  (Earlier reports said Summer 2008, but nothing seems to have been updated on BIA's site. And while the site now says outsider UKers' can still apply under HSMP, I'm not chancing loosing visa fees.)

2.  I'm confused on the Tier 1/HSMP application fees. Various UK official sites say different things, (£205 or $431; or £600 or $????). I can't tell if these are old fees for HSMP or new fees for Tier 1.  Any clues?

3.  Am I correct that my application as spouse is actually included in his application (under spouse/dependant section) and that I've no need to make separate application?

4.  Whatever the Visa application fee is, am I correct that it is only due and payable by the main applicant (DH) so long as all my info is submitted on his application? (In other words, do we pay the fee twice--once each of us--or is the fee just for DH with me assumed to be the tag along? It's not "Visa fee X 2", or is it?)

5.  Do we need to show a UK address for where we'll be staying upon arrival? This could be challenging. Everyone I've seen on here had relatives or friends to stay with. We have neither. Will a hotel reservation do? A P.O. Box? A B&B? (Ultimately we intend to rent, but not until we arrive.)

6.  Our US tax returns show passable previous income (particularly for DH), but we also take every blessed deduction our accountant can legally think of, which in effect brings DH's final taxable income down to well below the passing mark on the points calculator.

e.g., Assume gross income was $217,000. But after deductions/allowances, net taxable income was $47,000. Not calling BIA case examiners slow, but will they understand that the $217,000 is DH's earned wages and the wages he'll be claiming on the visa, (equates roughly to £108,000); or will they look at the US final taxed amount of $47,000 wages and deny him as earning only £23,500? This is the question that troubles me most.

Thanks in advance for any and all help and advice. Much obliged!  :-*
« Last Edit: June 13, 2008, 08:39:23 PM by LadyAnglesey »


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Re: Tier 1/HSMP Visas for husband/wife both US Citizens
« Reply #1 on: June 13, 2008, 10:30:06 PM »
To start with the most important question - it is up to you to prove the income.  It is not about them being slow, but about you providing the required documents. I couldn't say what these are without knwoing more about your tax arrangement, so this is where it may be useful to have a consultant assist, as it sounds complicated.

As for your other questions - well, this depends on whether you do HSMP now or Tier 1 when it rolls out.  And we don't know when that will be.  So, assuming HSMP, which is likely for the next couple of months, then the process is that he makes the HSMP application to the Home office in the UK, and when approved, you both apply for entry clearance.  The HSMP fee is £400, then you both pay £205 each for entry clearance.

Accommodation can be a short term let or an hotel.


Vicky


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Re: Tier 1/HSMP Visas for husband/wife both US Citizens
« Reply #2 on: June 13, 2008, 11:05:32 PM »
Thank you Vicky. I have no problem proving the income. As I said we have the IRS tax records, bank account deposit of wired funds and real estate property transaction settlement statement to prove the he earned $217k. (Actually, he earned $800,000. $217k is net of taxes. DH is a builder; property sells, proceeds wired into bank...pretty straight forward.)

What reduces his tax liability is the expenses he's allowed to deduct--not to mention allowances for being married, for paying his own medical, dental, business insurance, gas, office rent, mobile phone, property taxes, interest on business loans, depreciation, carrying costs, continuing education, tools, equipment, supplies, legal advice, even accountant's fees.

Doesn't mean at all he didn't get paid $217k income; only that the IRS allowed him to deduct his expenses below they tax him on the $217k. That amounted to $47k, in the IRS's eyes. Both figures and transactions (gross and net) are clearly outlined in the tax records as required. We are, however, amenable to a consultation.

Thanks for the advice on accommodation and the HSMP and entry clearance fees. While the BIA site says he can apply under HSMP until Tier 1 is in place outside the UK, I'm not sure they also provide the correct form.

And totally as an aside, I see you're a Dalek fan. You wouldn't happen to also frequent the DW forum would you? If so, look me up there; same handle as here. See you 'round the TARDIS!
« Last Edit: June 13, 2008, 11:10:13 PM by LadyAnglesey »


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Re: Tier 1/HSMP Visas for husband/wife both US Citizens
« Reply #3 on: June 13, 2008, 11:12:55 PM »
Not a Dalek 'fan'....they scare me!  ;D

The HSMP form is on the BIA site...I downloaded one today.

If you want to chat about the finance issues, I think it would be useful.  I am sure that you can prove the income sufficiently to appease the IRS or an account, but as you suspect the Home Office are simple people, so the required two forms of evidence will be a bit less clear.  Have a read of the rules regarding the self employed - I think this will be most applicable to you guys.

Vicky



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