granting spousal visa for overstayer

[apinan]

Hi all, I'm new to this and looking for advice,

I'm a British national by birth, without going into all the details,

I was living/working abroad for a few years and now am back in UK ,and employed, however i want to bring my fiance to Britain,

She used to stay here many years ago and left of her own accord after overstaying for 10 years , she was stamped out at heathrow
UKBA know how long the overstay was,

If i meet the financial requirements, what are the chances of us being granted a settlement visa now?'

thanks

[Casa]

If it was a straight overstay she shouldn't be penalised when applying for a fiancée visa. Have a read through the reasons a case worker can use to refuse the visa in this link to 320(11) and see if any apply.

https://www.gov.uk/government/publicati ... raph-32011

[apinan]

If it was a straight overstay she shouldn't be penalised when applying for a fiancée visa. Have a read through the reasons a case worker can use to refuse the visa in this link to 320(11) and see if any apply.

https://www.gov.uk/government/publicati ... raph-32011

Thanks for the quick reply,

had a read of that link, yes it was a straight overstay, no deporting , she did have her fingerprints taken .

she was employed, but dont think she used the NHS rather a private doctor in SW5 London,

seems 320 (11) can be interpreted any way the CO wants it to.

[Casa]

How long ago did she leave the UK?

[apinan]

about 6 years ago,

[Casa]

In which case, if she left of her own accord any ban (if one applied) would no longer be enforce.

[apinan]

In which case, if she left of her own accord any ban (if one applied) would no longer be enforce.

thanks mate,,that's good to hear,

[apinan]

my next obstacle is i am self employed,

and my gross income is 25.000 pounds before expenses,

and i believe that self employed people the 18,600 figure is worked out differently than PAYE,

after taking out work expenses its about 19.000 to 20,000 pounds,

so which figure are they looking for ?

[Casa]

They're looking for £18,600 minimum after deducting expenses...i,e the amount you're taxed on.

[apinan]

sorry to be a pain casa,

but this self employed income is not that clear

IE : gross and net,

they say £ 18,600 gross, now that is ok if your a consultant with no expenses, ( example )

for myself my figures are 2011/12

Self Employment 10606.27
Rent Received 5580.00 Less: Rent a Room Scheme Relief 4250.00
1330.00 Dividend Received 0.00 Interest Received 376.38 12312.65
Less : Allowances Single Person's Allowance 7475.00 Retirement Annuity 0.00
7475.00

4837.65 im taxed on

then 2013/2014 will be £ 20,000 ( after allowable expenses ) then minus allowance.

so on this will the figure of £ 20,000 be used, or £ 10,560.00 ???

not forgetting that some expenses are real ( diesel, road tax etc ) and some deductions before taxable income are

( depreciation of vehicle ) not really an expense as such.

like i said it might seem easy to some but to me it's not that straight forward

£ 20,000 - £ 9,440.00 ( allowance ) = £ 10,560.00

[MPH80]

To be clear - are you a sole trader or a director a limited company?

[apinan]

To be clear - are you a sole trader or a director a limited company?

sole trader,

thanks for reply

[apinan]

To be clear - are you a sole trader or a director a limited company?

sole trader,

thanks for reply

[Casa]

I'll let MPH80 take over here, they have more knowledge on calculations for this.

[apinan]

I'll let MPH80 take over here, they have more knowledge on calculations for this.

thanks casa

[apinan]

just like to add, this self employed route is not easy, as a sole trader,,

from what i gather now is, if after expenses you earn 20 K this is not what they call gross income,

because you still have your allowance to deduct this coming year will be 10 K.

so the figure UKBA will look at is 10K, is this correct ? finance not met.

if true then you would need 29,000 after expenses - 10 K allowance leaving 19 K taxable.

is this correct ?, anybody, if not please correct me

[Casa]

The personal allowance isn't deducted. Just the expenses.

[apinan]

The personal allowance isn't deducted. Just the expenses.

this is where its confusing this is from GOV.UK"s site


page 43, para 164

Where the self-employed person is a sole trader or is in a partnership or
franchise agreement, the income will be the
gross taxable profits from their share of the business.

ALLOWANCES or deductable expenses which are not taxed will not
be counted towards income.

but PAYE earning £ 18,600 would take home £15011.16

maybe they mean all other allowances and not your personal allowance,

[Wanderer]

The personal allowance isn't deducted. Just the expenses.

this is where its confusing this is from GOV.UK"s site


page 43, para 164

Where the self-employed person is a sole trader or is in a partnership or
franchise agreement, the income will be the
gross taxable profits from their share of the business.

ALLOWANCES or deductable expenses which are not taxed will not
be counted towards income.

but PAYE earning £ 18,600 would take home £15011.16

maybe they mean all other allowances and not your personal allowance,

They mean the 'cost of sales' i.e. the costs incurred generating those sales.

[apinan]

The personal allowance isn't deducted. Just the expenses.

this is where its confusing this is from GOV.UK"s site


page 43, para 164

Where the self-employed person is a sole trader or is in a partnership or
franchise agreement, the income will be the
gross taxable profits from their share of the business.

ALLOWANCES or deductable expenses which are not taxed will not
be counted towards income.

but PAYE earning £ 18,600 would take home £15011.16

maybe they mean all other allowances and not your personal allowance,

They mean the 'cost of sales' i.e. the costs incurred generating those sales.

thanks mate,

so if i apply in January i need to submit 2013/2014 accounts ?


which are £ 27,000 gross

minus allowable EX's £ 5,000

leaving £ 22,000 net,

however my accountant still finds something to claim from this

IE : depreciation of vehicle,,etc

2012/13 accounts read

gross £ 21,877.00

Expenditure £ 5,978.19

Profit £ 15,898.19

so are the figures in red the figure to go on,

damn confused

[MPH80]

For a sole trader - the amount to declare is really easy to find - it's the amount of money HMRC consider you to have earnt.

When you fill in the self assessment - you are asking to give income and list out the expenses - on the statement at the end - it'll show the profit earnt from that trading before tax.

THAT's the amount you can put on the UKBA form.

If the difference between the 22k and the 15.8k is just tax and NI - then you put 22k. If there are more business expenses - then it's minus those.

[apinan]

For a sole trader - the amount to declare is really easy to find - it's the amount of money HMRC consider you to have earnt.

When you fill in the self assessment - you are asking to give income and list out the expenses - on the statement at the end - it'll show the profit earnt from that trading before tax.

THAT's the amount you can put on the UKBA form.

If the difference between the 22k and the 15.8k is just tax and NI - then you put 22k. If there are more business expenses - then it's minus those.

thanks for that

my accountant does my returns,

i've registered for HMRC online you can see the last 3 years assessments and any tax paid or due.

will post when i get correct figure

[apinan]

is this the figure to look for on the self assessment ?

http://www.hmrc.gov.uk/forms/sa103f.pdf

net profit or loss , at number 47 on the assessment.

so i know what to look for.

[mimieangel]

Hi just to give you a bit of encouragement. I had overstayed my visa by 8 years, came here as student, tried to renew failed applied for asylum failed so returned to my home country on end of April and my spouse visa was issued in 28days. Been married to my husband since 2011 and my husband is self employed (sole trader). We submitted am income of just below £19000 and it was fine. The key is to have a chartered accountant do your books for the year you are relying on and also make sure you get an SA302 from HMRC. Am sure you are aware of all other supporting documents required.

[MPH80]

is this the figure to look for on the self assessment ?

http://www.hmrc.gov.uk/forms/sa103f.pdf

net profit or loss , at number 47 on the assessment.

so i know what to look for.

AIUI - it's box 76 - the 'taxable profit'.

If you read the guidance for sole traders (https://www.gov.uk/government/uploads/s ... 140324.pdf) it specifically uses that phrase.

For everyone else's benefit - the difference with sole trader is that the company and the person are one and the same thing.

So if the company earns X - the person also earns X. But the sole trader has expenses they can offset against their profit - mobile phone/transport etc. Those all come out before tax.

As such - the taxable income is the critical thing for a sole trader to put them on the same level as an employed person. E.g. it's the amount of money before the personal allowances are considered.

For a company director - it's actually easier to distinguish how much they are earning because it's the amount of money taken from the business directly by that individual and since there are payslips and dividend vouchers to see - it's easy.