Category B spouse visa

[sabrinana]

Dear all,

I would be grateful if someone would be able to assist me in my spouse settlement application.

The area that I am finding extremely difficulty is financial requirements. I have read the forum and other sites but still confused. Help would be much appreciated.

My husband is a self employed sole trader under category F. As such I understand that he must use the last financial years accounts from the 6 April 2018 to 5 April 2019 for his self assessment tax return.

I am employed by my husbands business as such I am category A.

I understand that we can combine my income and his income in order to meet the income requirements.

As I am relying on combined income I do not need to show the last 6 months of employment before the application.

But I have to show my last financial year income from employment which is 6 April 2018 to 5 April 2019.


My question is, am I correct with my interpretation of the rules and the above.


Thanks very much in advance.

[sabrinana]

Forgot to add.

And finally I understand that as we are relying on self employed income we cannot rely on Category D savings

[choc_mouse]

I think you're understanding is correct. All of the income must fall within the financial year(s) being relied on and must still be a source of income at the time of application.

So you still need to show you have the cat A income at the time of application, as well as the previous financial year.

Cat F & G cannot be combined with cash savings.

[sabrinana]

Thanks very much.

Anyone with any other thoughts?

Thanks

[zimba]

Thanks very much.

Anyone with any other thoughts?

Thanks

You cannot apply under category A.
You are simply hired by your husband which makes you ' employee of a specified limited company' you both must apply under either category F or G. Cash savings cannot be combined with these categories.
Read the guide: https://assets.publishing.service.gov.u ... -ext_1.pdf

[sabrinana]

Thanks very much.

Anyone with any other thoughts?

Thanks

You cannot apply under category A.
You are simply hired by your husband which makes you ' employee of a specified limited company' you both must apply under either category F or G. Cash savings cannot be combined with these categories.
Read the guide: https://assets.publishing.service.gov.u ... -ext_1.pdf

Zimba,

It is not a limited company. As he is a sole trader.

I am an employee of his business.

If I am employed by him and I have pay slips. I am not required by law to do a tax return.

[zimba]

The rules are not clear on this however assuming the rules do not allow you to claim salaried employment (under category A) from a limited company owned by your partner, I assume the same logic applies if you are employee of his sole trading business. I could be wrong

[sabrinana]

Thanks Zimba, I understand where you are coming from.

My thinking is the only way I can show my income is by pay slips and depositing my cash to bank or my p60 and sole trader return.

Any one with any thoughts or views on this.

Thanks

[zimba]

Well I saw this paragraph in the guide, so my assumption may be correct:

A director or employee of a limited company in the UK who receives dividend income from the company can count this income as non-employment income under Category C, unless the company is of a type specified in paragraph 9(a) of Appendix FM-SE (i.e. it is in sole or limited family ownership). If it is, this non-employment income will be considered under Category F or Category G as appropriate

The guide is very clear on what documents you must send when applying under category G or F.

https://assets.publishing.service.gov.u ... -ext_1.pdf

[sabrinana]

Thanks again Zimba.

Just one more question.

I take it I am right that my husband has to show his last financial tax year 2018/19 and I have to show the same tax years eg 2018/19 for my income

Thanks

[zimba]

Thanks again Zimba.

Just one more question.

I take it I am right that my husband has to show his last financial tax year 2018/19 and I have to show the same tax years eg 2018/19 for my income

Thanks

Yes assuming that both of you are still working and the work is ongoing

[sabrinana]

Does anyone know if you can use the categories like this eg.

If the sponsor has been in current employment for over 6 months he relies on category A

The Applicant has changed jobs within the last 6 months so she seeks to rely on Category B

So the sponsor uses Category A and the applicant Category B to meet the requirments.

I don't think you can.I think both need to use CAT B.

Thanks

[CR001]

Topics merged. Please do NOT tag your questions onto other members topics in the family immigration sub forum!!

[sabrinana]

Sorry not sure what happened there. Should have been on another thread.

[CR001]

Sorry not sure what happened there. Should have been on another thread.

I moved your post to YOUR topic, this one.

Do NOT tag your questions on the other topic you keep tagging on!!!

Stick to your own topic with all your questions!!

[seagul]

I don't think you can.I think both need to use CAT B.

Thanks

Correct or either of them can use his/her income alone if it meets or oversteps the threshold.