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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I'm a British citizen living in the UK. I'm getting married

Customer Question

Hi, I'm a British citizen living in the UK. I'm getting married to my fiance, an Indian citizen in February 2015. I'm aware that the rules have changed since July 2012 and that I must earn a minimum of £18,600 per year or have savings of over £62,500 (from 6 months before the application).
My questions are the following:
When do I make the Sponsorship Application for my Spouse, after marriage?
Do I fulfill the financial requirements? I have £61,000 cash savings in UK banks and am self-employed with steady income. What evidences do I need to provide for being self-employed?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. Yes it would be better for you to submit the application after the marriage has taken place. Then she will be eligible to apply as your spouse.
2. You will need to show that you have an income of over £18,600 gross so your bank statements for the previous 12-24 months would be needed. If you have sufficient income you would need to submit evidence that you have been earning the said amount for at least 24 months. Therefore I would recommend that you obtain a letter from your account confirming how much you earned in the previous last year and what you earnings are this tax year. You must also want to submit evidence of your tax returns from your previous year and current year, as you need these to be submitted by January. Also long as you submit all the evidence for the previous 24 months including your tax returns this should be sufficient.
If however you can show that you have £62,500.00 in your account for at least 6 months, then you do not need to submit any documents apart from your bank statements for 6 months showing that you have the said amount in your account in cash for at least 6 months.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for your reply. As I've mentioned, I am self employed so although my earnings have been steady, they have not been regular so I can't provide regular monthly bank statements. However, I can provide annual bank statements to prove I have sufficient savings. The amount I've earned in the last 12 months is well short of the minimum amount of £18,600 - I understand that whatever the shortfall is in income has to be compensated by savings?

Is this going to be an issue?


Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately, yes this would be an issue. The fact is that current cash savings cannot be combined with income if you are self-employed
The only practical and fair means of evidencing income from self-employment, or as a director of a specified limited company in the UK, involves the provision of information and documentation relating to tax returns.
Therefore, all the income that is counted towards the financial requirement must be drawn from the last one or two full financial years. It would not be appropriate to combine that past income with current cash savings held at the date of application. To do so would not be an accurate indicator of the real level of financial resources available to the couple. It could also lead to the same money being counted twice, once as earnings and later as savings.
Therefore you are unable to count your cash savings towards your income due to the fact that you are self employed.
I hope this answers your question.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly provide a rating so I can get credited for my time.
Kind regards