Returning to UK - questions/advice

[returntotheuk]

Hi Folks,

I am a British citizen (by birth) and my wife is of Asian descent. We have 3 children ages 9yrs, 8yrs and 5yrs old (2 boys and 1 girl), who all have British citizenship. We have been married over 10yrs. Only my wife does not have British citizenship.

I am in the middle of doing lots of research on what is needed to be able for us all to move over to the UK.

Here are our plans:

1. Myself and our children will move to the UK around March 2016. I will be opening my own business and expect to be earning above 18,600 pounds.

I have read somewhere that I need a full financial year of tax payments from April to March before they are accepted as by the ECO for meeting the criteria for income. Is this correct? This is why I am coming in March so I start the new financial year in April.

2. My wife hopefully can join us in 2016 after we have applied for her settlement visa and it is accepted. Will it be possible for my wife to visit the UK on a family visit visa next year before actually applying for settlement visa in 2017?

3. We will be renting a flat, and hoping just rent a 2 bedroom flat with one living room to begin with to keep our costs down in the first year. From the information about our family size, would this be adequate to pass the accommodation criteria part of the settlement visa application?

4. English test, can my wife apply for the English test while she was visiting the UK on a normal family visit visa in 2016?

5. Child tax credits - I know tax credits are not part of the 18,600 pound criteria, BUT does this mean I can not or should not apply for them once working as it will affect my wife's visa settlement application?

6. Is there anything else I need to consider?

For your information, I have looked into finding a job rather than setting up a business, but I think it would be very difficult for me to find a job which meets the 18,600 pound criteria. After lots of thought we will go down the self employed route.

I am sure I will have more questions but that is all or now, any advice/tips would be greatly appreciated.

[geriatrix]

1. See Appendix FM-SE about documentary evidences required.
2. Given that her whole family of British citizens will be based in UK, unless she can provide compelling evidence of returnability to her country of citizenship / residence, a visitor visa application will be refused.
3. See MAA11 Adequacy of accommodation and MAA12 Overcrowding.
4. I think she can (just the test, not language training classes). Alternatively, she may take the test where you are living currently. Where are you based?
5. AIUI, this won't affect your wife's settlement visa because you are claiming something that you are entitled to.
6. On the top of the list - Read appendix FM-SE carefully! And that the rules may change by the time your wife is ready to apply for settlement visa (2017). Not saying that they will ... but with UKV&I anything is possible!!

[returntotheuk]

1. See Appendix FM-SE about documentary evidences required.
2. Given that her whole family of British citizens will be based in UK, unless she can provide compelling evidence of returnability to her country of citizenship / residence, a visitor visa application will be refused.
3. See MAA11 Adequacy of accommodation and MAA12 Overcrowding.
4. I think she can (just the test, not language training classes). Alternatively, she may take the test where you are living currently. Where are you based?
5. AIUI, this won't affect your wife's settlement visa because you are claiming something that you are entitled to.
6. On the top of the list - Read appendix FM-SE carefully! And that the rules may change by the time your wife is ready to apply for settlement visa (2017). Not saying that they will ... but with UKV&I anything is possible!!

Thanks Sushdmehta.

1. It seems that from what I am reading in the link you give me, that I need a full financial years worth of the relevant documents for been self employed. I will be doing a second hand business selling stuff online and doing car boot sales, flea markets etc. This is what I currently do now.

2. We have businesses in Cambodia where my wife is from, we currently have 3 businesses which my wife will be need to return too and manage while I am here with the kids. I am not sure if that is enough for them to grant a visa but if not is there no other way for her to visit?

3. I think the accommodation bit seems be ok as we will be classed as 3.5 persons as our 3 kids will all be under 10 yrs of age. So, a property with 2 bedrooms and living room will count as 3 rooms.

4. We are based in Cambodia so I think we would need to travel to Bangkok (the nearest centre) to take the test.

5. Myself and kids would be entitled to a small amount of housing benefit (with or without my wife living in the property), would this be ok to apply for too? I am frightened that receiving any kind of benefits may stop her from been granted the settlement visa.

6. Thanks, have read it a few times and need to keep reading it to take it all in .

BTW, what is the name of the visa type she would actually be applying for? I am a bit confused with which one it should be?

Thanks

[geriatrix]

2. The onus will be on your wife to convince the ECO that the business will not shut itself as soon as she hops on a UK bound flight as a visitor giving her no reason to return to Cambodia! It is very very rare that a visitor visa is granted to a person whose spouse and children are settled in the UK.

4. IELTS SELT Consortium - IDP Phnom Penh (List of approved tests and providers: from 28 July 2015)

6. Yes I believe so, in your name and your childrens'. You may find more information about tax credits / benefits / public funds in this forum.


Settlement visa as a spouse / partner of a settled person / British citizen.

[returntotheuk]

So, maybe it would be good to get a family visit visa (maybe for around 2-3 months) when we first go back to the UK whereby our children and I stay and my wife returns to Cambodia? That way hopefully she is not separated from the children so long.

[returntotheuk]

Hi Guys,

This question is mainly for moderators or anyone who works for the Citizens advice bureau who may know more about it.

Anyway, I went to visit the CAB to confirm some of my queries about wife applying for a settlement visa, and I was told that my wife can apply from Cambodia and show proof of income we make in Cambodia to satisfy the financial part of the application for a settlement visa in the UK!! Now, at first I thought this was silly and that it does not make sense, however the CAB then said it showed proof that we are able to work ad provide for ourselves???

Anyway, although it sounds silly, he said I can reference this from the gov.uk site, which I can not find.

I would appreciate it if someone can confirm this, and truely knows the answer without guessing or presuming it is not correct.

I was told it because I am British citizen ad our 3 children are British citizens and only my wife is Cambodian citizen.

Thanks

[geriatrix]

Please keep your queries regarding your wife's settlement visa application under a single topic.

[returntotheuk]

Please keep your queries regarding your wife's settlement visa application under a single topic.

Thanks Sushdmehta, but my question is more of a general question and not just related to my wife. I was told by CAB that someone can apply for a settlement visa from there country of residence by proving they earn more than 18,600 pounds where they reside and not in the UK. And, because of my subject title then no one may see this question.

[Wanderer]

Please keep your queries regarding your wife's settlement visa application under a single topic.

Thanks Sushdmehta, but my question is more of a general question and not just related to my wife. I was told by CAB that someone can apply for a settlement visa from there country of residence by proving they earn more than 18,600 pounds where they reside and not in the UK. And, because of my subject title then no one may see this question.

....and have a job offer in UK that fulfils the criteria as well....

[returntotheuk]

Please keep your queries regarding your wife's settlement visa application under a single topic.

Thanks Sushdmehta, but my question is more of a general question and not just related to my wife. I was told by CAB that someone can apply for a settlement visa from there country of residence by proving they earn more than 18,600 pounds where they reside and not in the UK. And, because of my subject title then no one may see this question.

....and have a job offer in UK that fulfils the criteria as well....

Yes, that makes sense but it is not what the CAB advisor told me, and he even checked this with another CAB advisor.

[Casa]

The CAB aren't entirely correct. You would qualify if you can show that you (as the sponsor) have been earning the equivalent of £18,600 in Cambodia for the 6 month period before submitting your wife's application and you have a confirmed job offer of £18,600 pa to start within 3 months of arrival in the UK.

Unfortunately, although I'm sure they mean well, the CAB are often unclear on the current Immigration rules.

[returntotheuk]

The CAB aren't entirely correct. You would qualify if you can show that you (as the sponsor) have been earning the equivalent of £18,600 in Cambodia for the 6 month period before submitting your wife's application and you have a confirmed job offer of £18,600 pa to start within 3 months of arrival in the UK.

Ok, thanks guys. I thought it did not sound right.

[Wanderer]

Yes, that makes sense but it is not what the CAB advisor told me, and he even checked this with another CAB advisor.

http://britishexpats.com/wiki/Spouse_Immigration-UK

Salaried Employment Requirements

When applying for initial entry clearance from outside the UK:

Only salaried employment related to the British citizen will be taken into account.
You have earned the equivalent of £18,600 (or more if required) per annum for the past 6 months
You have a guaranteed offer of a job in UK with an annual salary of at least £18,600 (or more if required) which will start within 3 months of your return to the UK

[geriatrix]

Please keep your queries regarding your wife's settlement visa application under a single topic.

Thanks Sushdmehta, but my question is more of a general question and not just related to my wife. I was told by CAB that someone can apply for a settlement visa from there country of residence by proving they earn more than 18,600 pounds where they reside and not in the UK. And, because of my subject title then no one may see this question.

Seen and replied to (by more than one person) within 20 minutes.
Everyone can see every new post made on the forum since their last login. It does not necessarily have to be a "new topic" to be "seen".

[returntotheuk]

Thanks again, I understand now.

[returntotheuk]

Thanks Sushdmehta, I understand.

A few more questions for those who can help, would be much appreciated.

1. My plan is to do my own business from home as a sole trader, however to begin with I will do this part time to build the business up. If working part time as a sole trader, can I work part time as a none salaried employee and combine salaries to meet financial requirements? I am not clear about this in the table shown in the guide.

2. When it says financial year, does it mean the tax financial year April to March? Or my own financial year from when my business started paying taxes?

3. If my new business (on its own) was making 18600 or more in a financial year but making less than the average 1550 pounds per month at the first half of the financial year but maybe double that in second part of the year would this still be ok as long as it is 18600 or more for the whole financial year?

4. In regards to tax credits and child benefit. If I was working as self employed or as a none salaried employee when I arrive, would I be able to apply for tax credits and child benefit? I read somewhere, if I am working as soon as I arrive then I can start to claim for them but if I am not working then I need to wait at least 3 mths.

Thanks for all the great info.

[returntotheuk]

Another question I have just thought of:

Is registering with the HMRC as self employed all you need as self employed or do you need to register a business for settlement visa purposes?

[returntotheuk]

Can anyone advise on my questions above? I really just looking for confirmation.

Thanks

[geriatrix]

While waiting for someone to answer the questions precisely (I can't), read through Appendix FM 1.7: financial requirement. You should be able to find the answers to most, if not all, of your queries there.

[Petaltop]

As sushdmehta said, all your questions are answered in the financial requirements, under section 9 for those using the Self Employed catagories to sponsor.
https://www.gov.uk/government/uploads/s ... t_2015.pdf

1. My plan is to do my own business from home as a sole trader, however to begin with I will do this part time to build the business up. If working part time as a sole trader, can I work part time as a none salaried employee and combine salaries to meet financial requirements? I am not clear about this in the table shown in the guide.

9.3.6 on my link above lists what you can combine to meet the requirement under self employed.

2. When it says financial year, does it mean the tax financial year April to March? Or my own financial year from when my business started paying taxes?

It's your last tax year (April to April) or last two tax years.

3. If my new business (on its own) was making 18600 or more in a financial year but making less than the average 1550 pounds per month at the first half of the financial year but maybe double that in second part of the year would this still be ok as long as it is 18600 or more for the whole financial year?

Doesn't matter as it is based over the last 1 (or 2) tax years (April to April). The 'set amount per month' is for some ot the other cataogies to sponsor.

4. In regards to tax credits and child benefit. If I was working as self employed or as a none salaried employee when I arrive, would I be able to apply for tax credits and child benefit? I read somewhere, if I am working as soon as I arrive then I can start to claim for them but if I am not working then I need to wait at least 3 mths.

You have to wait 3 months, regardless of whether you are working or not. You have been out the UK too long to be able to claim when you return.

[Petaltop]

Another question I have just thought of:

Is registering with the HMRC as self employed all you need as self employed or do you need to register a business for settlement visa purposes?

I'm not sure what you are asking?

You will need to pay your taxes earlier than required by HMRC if you want to sponsor because UKVI will check you have paid your taxes for the tax year/s you are using before they will issue your wife a visa. Don't forget that the 18,600 must be the amount you declare to HMRC to be taxed on. Your allowable deductions for tax purposes, cannot be used to meet the 18,600. All this and everything you need to have/do, is clearly stated on the link I gave.

TBH, there are a lot of people buying stuff at car boots and selling on ebay and it will be tough to earn a living doing that. The self employed is not an easy route to sponsor plus the earliest your wife will be able to apply for a visa will be April 2017.

You could leave your children with your wife and come back and work for 6+ months in more that one job (and stay in those jobs until the visa is received). For her second visa 30 months later, you can use both of your salaries to meet the 18,600 again.

[Petaltop]

You also need to be aware that there are some massive benefit reductions, especailly for those claiming the Tax Credit benefit, starting from April.

Tax Credits are also ending and being replaced by one welfare payment called Universal Credit and that will hit the self employed hard because benefits will no longer support failed businesses. With the Universal Credit benefit for the self employed claimants, their benefit claim will be based on what they should be earning per week and not what they are earning.

Think carefully whether you will make a minimum of £7.20 and hour doing somehing that hundrends of thousands of others do in the UK; buying at car boot type places and then selling on ebay. Or whether you can make 18,600 from that in the next tax year, to sponsor your wife.

[Casa]

Also bear in mind that in order to qualify for the £18,600 p.a earnings under self-employment, the calculation will be made on your income after business expenses have been deducted. i.e the nett amount you pay tax on, not the gross income level.

[returntotheuk]

Hi Guys,

Thanks for all the help so far.

I am now looking at the possibility of moving my current businesses online and then pay taxes and NI contributions in the UK. Basically, our current businesses will still be active if we were living in the UK and we would be earning a living for them which meets the 18,600 pound threshold we require.

Is there any reason why this is not possible as long as we are paying taxes in the UK on monies we make abroad?

[returntotheuk]

Hi Again,

I am looking at the best way of setting up a business so I do not need to be in the UK all the time or for over 183 days.

It looks like I need to spend 183 days of the year in UK to be liable for taxes as a sole trader and not sure if I can voluntarily pay taxes on monies earned abroad to meet the threshold.

If I set up a ltd company then it seems I do not need to be in the UK for 183 days?

I understand there are lots of other things to consider between setting up as a sole trader versus a ltd company. However, when it comes to meeting the financial threshold, are there any benefits of setting up one versus the other? Does the ECO look at one more favourably?

Ideally, I am looking to set up in the way which allows me NOT be in the UK for 183 days of the year but also allows meet to meet the salary earned threshold by paying taxes on my businesses.