Spouse Versus Fiance Visa

Hello,

So I need a bit of assistance from anyone with experience or knowledge of the best way to go about sorting a decision between which type of visa is best to pursue in my situation. I got engaged in the last 6 months to a British citizen and I am from the U.S. We are now trying to figure out how to get me to the U.K. to start a life together. We have found some interesting information leaving us torn between the two types of visas that make the most sense for our situation. The option we would like to pursue is the spousal visa as we plan to marry in the U.S. this march. We have found that there may be a loophole suggesting if we marry in the U.S. following all the legalities that exist making it recognized in the U.K. we can then go about applying for the spousal immediately rather than having to take the extra step of doing two separate visas starting with the fiance visa. Can anyone answer whether or not marrying in the U.S. and then immediately applying for the spousal visa will be accepted or at least recognized as a case to be reviewed for the spousal visa? Are there any negatives to being married only a few days pre application? Is it worth hiring a solicitor? Any advice someone can give as far as moving forward with a spousal visa after a U.S. wedding would be greatly appreciated!

Also,
With regards to meeting the financial requirement my UK spouse will be able to prove the minimum threshold easily, however he is self-employed but doesn't own a business, and he is unable to provide tax documentation and payslips in relation to what would be proven via a bank statement. As long as there is one form of proof, i.e. the bank statement showing deposits from his company in the amount that equates to over the minimum financial requirement, will that be enough or do they require an additional level of documentation to back bank statements?

Thanks!

Hello!

It's not a loophole to marry in the US then apply right away for the spouse visa, it's a legitimate way of doing things and as you've discovered, it means there is one less visa to apply for when doing it that way.

Just make sure you meet all the requirements before you apply and no need to hire a solicitor unless there are unusual circumstances

Also,
With regards to meeting the financial requirement my UK spouse will be able to prove the minimum threshold easily, however he is self-employed but doesn't own a business, and he is unable to provide tax documentation and payslips in relation to what would be proven via a bank statement. As long as there is one form of proof, i.e. the bank statement showing deposits from his company in the amount that equates to over the minimum financial requirement, will that be enough or do they require an additional level of documentation to back bank statements?

Thanks!

There are several very specific requirements for the self employment category, bank statements alone are definitely not enough. Take a look here.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Do you or your partner have savings of 62.5k pounds?

I could personally prove that anount of savings would be met, however I'm concerned the fact that I'm only a co-decision maker on that account will appear as being third party help, which is something that will not be considered meeting the financial requirement. As far as his self-employment goes any idea what additional documents would help in addition to having just bank statements. The link you attached I have read 10 times over and it doesn't specify what documents specially in combination will work best or be additional evidence in meeting the requirement. He would certainly be able to provide bank statements of money in and money out along with a signed statement from the owner of the company he is self-employed under, and a bank statement of the paid out on the business account to show the deposits correlate. Do you think that would be enough? Or how much of a pain will it be with proving this

I could personally prove that anount of savings would be met, however I'm concerned the fact that I'm only a co-decision maker on that account will appear as being third party help, which is something that will not be considered meeting the financial requirement. As far as his self-employment goes any idea what additional documents would help in addition to having just bank statements. The link you attached I have read 10 times over and it doesn't specify what documents specially in combination will work best or be additional evidence in meeting the requirement. He would certainly be able to provide bank statements of money in and money out along with a signed statement from the owner of the company he is self-employed under, and a bank statement of the paid out on the business account to show the deposits correlate. Do you think that would be enough? Or how much of a pain will it be with proving this

You're correct in that if your savings account is in any other name than you/your partner, it can't be counted. You could always move your money to an account in your own name and wait 6 months.

Self employment is a complete pain to prove. You need all of this.

7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:

    (a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
    (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
        (i) annual self-assessment tax return to HMRC (a copy or print-out); and
        (ii) Statement of Account (SA300 or SA302).
    (c) Proof of registration with HMRC as self-employed if available.
    (d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
    (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
    (f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    (g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
    (h) One of the following documents must also be submitted:
        (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
        (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
        (ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
        (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
        (iv) A franchise agreement signed by both parties.
    (i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

however he is self-employed but doesn't own a business, and he is unable to provide tax documentation and payslips in relation to what would be proven via a bank statement.

How is he paying his taxes?

How is he paying his taxes?

So he pays his taxes as a self employed person separately from the company. So he keeps all of the necessary documents to file taxes on his own, and has set aside the amount that he has figured will need to be paid in taxes. He just doesn't receive a pay slip to reflect the payable amount as a further evidence supporting his bank statement deposits. This has to do with the fact that he is not on salary, and I know there are specifications for non-salaried employees, but he is paid a base pay which is influenced completely by sales and commission. So, as far as bank statements go for the last year there is well over 18,600, but we are concerned with the tax part of being self-employed since his taxes both wouldn't have been filed yet this year, and he files on his own not through the company.

Yes I know complicated, but any advice is so helpful!

So he pays his taxes as a self employed person separately from the company. So he keeps all of the necessary documents to file taxes on his own, and has set aside the amount that he has figured will need to be paid in taxes. He just doesn't receive a pay slip to reflect the payable amount as a further evidence supporting his bank statement deposits. This has to do with the fact that he is not on salary, and I know there are specifications for non-salaried employees, but he is paid a base pay which is influenced completely by sales and commission. So, as far as bank statements go for the last year there is well over 18,600, but we are concerned with the tax part of being self-employed since his taxes both wouldn't have been filed yet this year, and he files on his own not through the company.

Yes I know complicated, but any advice is so helpful!

Beyond pointing you towards the guidelines, I'm honestly not much help when it comes to self employment as, it is so complicated.
I do know that UKVI need all of the documents listed up-thread, as they pertain to your situation and they particularly want to know that tax has been paid as it should have been. It's very different from using employment income.

Savings is the easiest method by far, would it be possible for you to switch your money into an account in your name only and wait 6 months?

Beyond pointing you towards the guidelines, I'm honestly not much help when it comes to self employment as, it is so complicated.
I do know that UKVI need all of the documents listed up-thread, as they pertain to your situation and they particularly want to know that tax has been paid as it should have been. It's very different from using employment income.

Savings is the easiest method by far, would it be possible for you to switch your money into an account in your name only and wait 6 months?

We certainly don't want to have to wait 6 months because that would require me to be in the U.S. and him to be in the U.K. as I will be coming off a 6 month stay in the U.K. as a tourist, so legally without a visa can't remain for longer than 6 months in a year. It is an option we will have to keep in mind, but complicated in other ways! Of course, nothing can be easy when you want it to be....

Thanks for the input!

He needs to speak with an accountant and show them that list.  If even one item is missing from the required list the visa will be refused.  It's *not* a tough list and it's likely he genuinely has all of that anyway (as he's been filing his taxes).

The more complicated part of self-employment is the specific financial years that are used (April 6, 2015- April 5, 2016 is the current time period).  He needs to have made greater than £18,600 AFTER expenses but BEFORE tax to sponsor you.

He needs to speak with an accountant and show them that list.  If even one item is missing from the required list the visa will be refused.  It's *not* a tough list and it's likely he genuinely has all of that anyway (as he's been filing his taxes).

The more complicated part of self-employment is the specific financial years that are used (April 6, 2015- April 5, 2016 is the current time period).  He needs to have made greater than £18,600 AFTER expenses but BEFORE tax to sponsor you.

If the financial requirement is judged pre taxes, why are they so adamant on documents related to taxes? May be a silly question, but I'm not sure I understand. Does that portion of proving the financial requirement just come down to the U.K. making sure it was done legally, and paying taxes proves that?

If the financial requirement is judged pre taxes, why are they so adamant on documents related to taxes? May be a silly question, but I'm not sure I understand. Does that portion of proving the financial requirement just come down to the U.K. making sure it was done legally, and paying taxes proves that?

Yes - it's against the law not to pay taxes, so as your sponsor he has to show that his income is all above board and that he is paying the correct taxes.

He has to show he is registered as self-employed with HMRC, that he files his taxes correctly and that he earns the minimum requirement after expenses and before he has paid those taxes.

His taxable income (after expenses) will be shown on his HMRC tax return. This is the figure UKVI will use to determine whether or ot you qualify for the visa. If you don't have that document (along with all the others), it's an automatic visa refusal.

We have found some interesting information leaving us torn between the two types of visas that make the most sense for our situation. The option we would like to pursue is the spousal visa as we plan to marry in the U.S. this march. We have found that there may be a loophole suggesting if we marry in the U.S. following all the legalities that exist making it recognized in the U.K. we can then go about applying for the spousal immediately rather than having to take the extra step of doing two separate visas starting with the fiance visa.

Larrabee answered your question already regarding the different paths (fiancé v spouse), but if it helps to visualise it, this is a flowchart I made on my blog of the different paths:
https://kneadtowander.com/uk-visas/

If the financial requirement is judged pre taxes, why are they so adamant on documents related to taxes? May be a silly question, but I'm not sure I understand. Does that portion of proving the financial requirement just come down to the U.K. making sure it was done legally, and paying taxes proves that?

Exactly.  I'm a salaried employee and had a big delay last time I applied as HMRC's computers were down (I was paying a huge premium to apply in person).  Without being able to verify that everyone applying that day had paid the proper level of tax, they weren't going to process applications.

i'm US citizen and my husband is UK citizen, we got married in the US 1 year ago and i was able to move to the UK 4 months later via application and approval of spouse visa. can your boyfriend do the legwork to declare self employed? he will need proof of 6 months of minimum required income. if you make a list of all the required proof of relationship and are sufficient with it, and don't have history of visa denial or overstaying, you won't have a problem