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financial requirement for ilr dependant visa

Posted: Sun Jan 06, 2013 6:40 pm
by krssubbu
hi,
i need to apply ilr dependant visa for my wife and baby. at the moment they are are on 2 year visa and they obtainted their initial visa before 9th july.

I am a contractor working through my limited company. I heard that in order to meet the 22.5 k rule ?(18.6 + 2400 for a child) you need to show basic salary + gross dividend.

Just a quick question - can i include my wife's earning as well - she is a another director of my company beacause my earnings alone may / maynot be enough to show the above amount. The below rule is pasted from the guidance

so if anyone who has done visa using applicant + partner earning through limited company or any moderators can confirm if this is ok please ?

I read on the guidelines thats says

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


4.1. Ways of meeting the financial requirement

4.1.1.
Where the applicant needs to meet a minimum income threshold, the financial requirement can be met in the following 5 ways:

Income from salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history. See section 5 of this guidance.


Income from self-employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial years are being relied on. See section 9 of this guidance.


Thanks

Posted: Sun Jan 06, 2013 8:50 pm
by krssubbu
moderators, any thoughts pls ?

Posted: Mon Jan 07, 2013 9:57 am
by krssubbu
moderators, any thoughts please ?

Posted: Mon Jan 07, 2013 3:44 pm
by krssubbu
guyz,

just want to confirm if my spouse earnings can be used towards financial requirments to meet the 22.5k ? could anyone please confirm this as i am short with my earnings (limited company) ? if not i will have to work out something by dissolving my wife in the patnership.

Thanks

Posted: Mon Jan 07, 2013 3:55 pm
by wpilr_nov12
Yes, in your case. But is that needed? The last discussion with you on this evades my mind right now.

Posted: Tue Jan 08, 2013 9:07 am
by krssubbu
Thanks WPILR. i am self employed andi raised this doubt because i am planning to go abroad for a month so i might be short fall. but i can include my wife earning then i think it should be ok

for self employment its 12 months earnings, isnt it ? (not as like in salaried employment ?)

Also i spoke to a solicitor who said since wife applied or arrived in the UK before 9th July, she has to apply by old rules where none of these exists (no 22.5k earnings) - is this true ?

Posted: Tue Jan 08, 2013 2:43 pm
by krssubbu
wpilr - any thoughts on this ?

Posted: Tue Jan 08, 2013 3:05 pm
by wpilr_nov12
I am still not too sure on if you are required to meet any figures that you quote.

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

Posted: Tue Jan 08, 2013 4:07 pm
by krssubbu
can anyone else please confirm this ?

I am on ILR and my wife and child on ILR dependant (spouse visa) applied and arrived in the uK before 9th July

Thanks

Posted: Tue Jan 08, 2013 4:14 pm
by wpilr_nov12
I was under the impression (maybe incorrectly) that your dependents were currently on PBS Dependent visa. So my earlier post is entirely useless.

And yes, you can include both yours and your spouse's income.

Posted: Tue Jan 08, 2013 4:58 pm
by krssubbu
ok thats fine but can you confirm do i cme under the 22.5k or 18.k maintenence rule ?

i am asking because i will scrap through if it is this rule else will have to make some other arrangements (self employed)

Thanks

Posted: Tue Jan 08, 2013 5:02 pm
by wpilr_nov12
1 spouse + 1 child = the higher amount.

Posted: Tue Jan 08, 2013 9:36 pm
by Greenie
If they obtained their visas prior to 9th July 2012 then the old rules apply. You don't have to meet the new financial requirement,

Posted: Tue Jan 08, 2013 10:10 pm
by wpilr_nov12
I am more inclined to follow Greenie's knowledge/advice/wisdom in this matter, than my own.

Posted: Wed Jan 09, 2013 9:23 am
by krssubbu
Thanks Greenie, as i told i have been hearing different info from differnt sources. I am self employed and i even thought about changing jobs because of the financial requirment.

So to make sure, I converted from Tier 1 to ILR in Jan 2012 and my wife and baby on spouse visa (ILR dependant) applied and arrived before 9th Jly - so definitely i dont have worry about financial reuqirment, isnt it ? I just pop in and apply for the visa without having to worry about any earning criteria ?

Also is any number of days that i need to take into account for my wife and baby to be in country ? (like 270 days or 90 days ?)

Greenie please advise me as i am about to take a permament job just for this reason ?

Thanks

Posted: Thu Jan 10, 2013 9:10 am
by krssubbu
Greenie,

could you please comment on this or anyone who has knowledge on this ?

any help would be greatly appreciated !

Thanks