Nitty Gritty of Sponsor's Finance Calculation

[Chucunchaca]

I am new to these forums. I would like to say hello, ask for a little patience and thank MPH80 for drawing my attention to this document: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary (Annex FM Section FM 1.7 of the Immigration Rules). Interesting, if not particularly clear, reading.

To set the scene a little, my situation is that I am British and have been dividing my time between the UK and Colombia over the last few years. I now have an 18-months-old daughter and my partner has a 13-years-old son by a previous union.

I am resident in Colombia and I have tended to return to the UK on 6 week working trips every so many months. Those trips are becoming harder and harder to make, as well as justify, and I have decided that the UK for us at the moment is a better place to be. I am employed on a nil-earnings contract which in effect means I only work overtime. My earnings from this employment last year were £11,138 which probably represents about 500 working hours spread over 1 year.

My income from UK property last year was £6,747, but we intend to occupy this property at some point if we are granted leave to enter.

Finally to arrive at my question; what income and what time frame will be used to measure my income? Our problem, like so many other families I am sure, is that were we to be living permanently in the UK, I would be earning £40,000 a year working 40 hours a week whereas my present income is based on short trips to the UK. How else could I purport to be in an established relationship?

If I have interpreted the rules correctly my best course of action may well be for us to come to the UK on family visas for 6 months, work to achieve half the target of £22,400, returning immediately to Colombia to make the application. Or will I need to continue working immediately after the application has been made to demonstrate continuing income?

[edit: information removed]

Any opinions or advice gratefully received.

[Franko]

My understanding is they will take your minimum earning month of any of the previous 6 months and use this for your income calculation. I belive if you work for 6 months give this job up prior to applying then you may have problems as you no longer have the job your income for the previous 6 months was based on.

[Chucunchaca]

My understanding is they will take your minimum earning month of any of the previous 6 months and use this for your income calculation. I belive if you work for 6 months give this job up prior to applying then you may have problems as you no longer have the job your income for the previous 6 months was based on.

Thanks for the reply. I have also heard this interpretation of Category A and I quote the wording in the Annex FM at 5.3.1:

"...the applicant can count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement."

Possibly just a case of bad drafting, but I can't see how an annual salary can fluctuate on a monthly basis. Will they be looking for a mean average of monthly earnings to date and then multiplying by 12? If so, I can understand that. Hopefully they do not mean they will be multiplying the lowest monthly figure by 12 and then using that to decide the actual gross annual salary. In any event I just don't know why they drafted it the way they did.

I won't be giving up my job, I just do not intend to work for a while post-Point of Application, although I can't see any requirement that you need to keep your job post-POA for entry - anyone disagree?

[transpondia-2011]

I am employed on a nil-earnings contract which in effect means I only work overtime.

This aspect of your employment contract is likely to introduce complexities of an adverse nature. Your immediate concern is that they will examine your contract, P60, and conclude that your income is unsubstantiated, and then IMPUTE a gross annual income according to the formulae they have been given.

I like 'Franko's' interpretation of the formula and can only add that the minimum amount he refers to is taken from the bank statement unless it can be substantiated elsewhere. And for most people this is a *NET* amount and UKBA will not use an adjustment to gross it up.

[asim72]

Best way in my opinion would be you arrive in UK, work for 6 months, get all the documents together and then your wife applies for spouse visa from colombia.

[Chucunchaca]

I am employed on a nil-earnings contract which in effect means I only work overtime.

This aspect of your employment contract is likely to introduce complexities of an adverse nature. Your immediate concern is that they will examine your contract, P60, and conclude that your income is unsubstantiated, and then IMPUTE a gross annual income according to the formulae they have been given.



I like 'Franko's' interpretation of the formula and can only add that the minimum amount he refers to is taken from the bank statement unless it can be substantiated elsewhere. And for most people this is a *NET* amount and UKBA will not use an adjustment to gross it up.

Thanks, and agree I have problems substantiating income on their terms. Having thought about it, I am not really a salaried employee, although contractually an employee nonetheless. My own opinion is that the rules should allow for treatment of those in a position such as myself under Category F. My problem here, is I would have to wait until April next to lodge the Application:

"5.3.6 Category F: self-employment (last financial year)
The applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in self-employment at the point of application and in the last full financial year received self-employment and other income (salaried, specified non-employment and pension) sufficient to meet the financial requirement applicable to the application."

[Chucunchaca]

Best way in my opinion would be you arrive in UK, work for 6 months, get all the documents together and then your wife applies for spouse visa from colombia.

Thanks for your opinion and agreed. It's just a matter of ensuring that the time I spend proving an income is not lost by an overly strict interpretation of the rules. At the moment my family can only apply to join me on a 6 month visitor's visa and I am not prepared to be separated from them.

It is my view that these rules have been introduced and furthermore badly drafted to create a hindrance. It's almost as if UKBA relish going through the Courts thereby saving them the time and inconvenience of doing the job properly in the first place.

Am I being too harsh?

[asim72]

You have to look at both sides of the arguments. Many flexibilities in the rules were being grossly misused by potential family migrants.

Then came the third party judgement.
Anyone could write a letter with their bank statements to say that they will support Joes bloggs financially when he arrives in UK on spouse visa.
Now this was a big thing. Ask a friend of relative to give such support documents, and you get visa for your overseas spouse, even if you had no income.

There was no way of checking that this third party sponsor did actually support the immigrant family member financially.


It may seem harsh, but I think it does draw a clear line between who meets the financial requirement and who doesn't, without going into a thousand arguments, so called third party support, unlimited tribunal cases etc.

You could always argue if the bar set at £18600 is too high. But then no matter where they set the bar, there would always be people who will get caught out.

Another important bit. Has your family been visiting UK in past?

[Chucunchaca]

@asim72 - I have to admit to being new to all this but I can see plenty of reason in what you say. However, what is wrong with preventing access to benefits and if things used to be as easy as you say, holding those sponsors to their promises? In any event there is no excuse for such sloppy drafting.

My family joined me last summer for 2 months whilst I was working in the UK, all on visitor's visas because my daughter did not have a British passport at that point. Does this help or hinder us? I have been advised that if they stay the whole 6 months on visitor's visas, it may be difficult to get another - that annoys me too!

[asim72]

Its easy to say that sponsors should be held to account, but practically it was impossible to police 1000's of sponsors and checking theirs and applicant't and applicant's spouses details. The new system is too harsh and very inflexible and strict, but I must say that old system was just a joke.

Anyways,

In your circumstances, and as you have said that you will have no problem finding a job which pays £18600 yearly or more, then family visiting for upto 6 months, and then unable to get another visit visa should not be an issue for you.

Practical approach could be,

You arrive in UK, find and start in an employed job. (self employment will be another story by the way).

You family stays back in colombia for say about 2 months until you sort your job , housing etc.

Family arrives in UK 2 months or so after you on a visit visa.

They stay here for next few months, while you are on your way to gather 6 months wages slips, bank statements etc.

As soon as you have all the docs to hand, your prepare all the paperwork carefully for visa application back in colombia.

Your family goes back and applies for necessary visa in colombia.