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Hi

I am going to apply for ILR using SET(M) spouse route shortly.

The problem is that my spouse who is British Citizen has not paid her tax for a long time (before our marriage). He owns a takeaway and only pays rent and rates on it. I am worried if UKBA will ask us why he has not paid Tax and then refuses the application.

Actually, we applied with the same conditions two years ago and the application was successful.

Your help so much appreciated.

arash_uk wrote:Hi

I am going to apply for ILR using SET(M) spouse route shortly.

The problem is that my spouse who is British Citizen has not paid her tax for a long time (before our marriage). He owns a takeaway and only pays rent and rates on it. I am worried if UKBA will ask us why he has not paid Tax and then refuses the application.

Actually, we applied with the same conditions two years ago and the application was successful.

Your help so much appreciated.

Well as long as you are not committing any criminal offence .... However, are you saying that your spouse is purposefully not paying any Tax or that he doesn't earn enough? If the latter is that case then the HO could inform the HMRC of an 'inconsistency'. What income do you both have?

D4109125 wrote:

arash_uk wrote:Hi

I am going to apply for ILR using SET(M) spouse route shortly.

The problem is that my spouse who is British Citizen has not paid her tax for a long time (before our marriage). He owns a takeaway and only pays rent and rates on it. I am worried if UKBA will ask us why he has not paid Tax and then refuses the application.

Actually, we applied with the same conditions two years ago and the application was successful.

Your help so much appreciated.

Well as long as you are not committing any criminal offence .... However, are you saying that your spouse is purposefully not paying any Tax or that he doesn't earn enough? If the latter is that case then the HO could inform the HMRC of an 'inconsistency'. What income do you both have?

Thank you.

The situation is like this: I am working part time and earn very little. My wife has leased the takeaway and her income and bank statements are the main proof of maintenance. She has not paid the tax purposefully. Now, my question is that according to previous rules which I am applying by them there is no need to show tax documents. In addition, what my wife has been done will be on HMRC business. Then, is it possible that it harm my application? Actually, it is not me who made any mistake. It is my wife who is a British citizen.
Thank you again.

arash_uk wrote:

D4109125 wrote:

arash_uk wrote:Hi

I am going to apply for ILR using SET(M) spouse route shortly.

The problem is that my spouse who is British Citizen has not paid her tax for a long time (before our marriage). He owns a takeaway and only pays rent and rates on it. I am worried if UKBA will ask us why he has not paid Tax and then refuses the application.

Actually, we applied with the same conditions two years ago and the application was successful.

Your help so much appreciated.

Well as long as you are not committing any criminal offence .... However, are you saying that your spouse is purposefully not paying any Tax or that he doesn't earn enough? If the latter is that case then the HO could inform the HMRC of an 'inconsistency'. What income do you both have?

Thank you.

The situation is like this: I am working part time and earn very little. My wife has leased the takeaway and her income and bank statements are the main proof of maintenance. She has not paid the tax purposefully. Now, my question is that according to previous rules which I am applying by them there is no need to show tax documents. In addition, what my wife has been done will be on HMRC business. Then, is it possible that it harm my application? Actually, it is not me who made any mistake. It is my wife who is a British citizen.
Thank you again.

The UKBA could say that they doubt the income source as it is not registered with the HMRC and thus decide you cannot adequately maintain yourself. If you state that your spouse is earning x amount and the HO check with the HMRC it will not tally up and then further questions will be asked. This could lead to the rejection of your application and your spouse being prosecuted. How much do you earn per month?

Thank you. My salary is very low about 250 GBPper month. Her income is about 130 GBP net. We did the same in the initial application and it seems that we were lucky in that case.

arash_uk wrote:Thank you. My salary is very low about 250 GBPper month. Her income is about 130 GBP net. We did the same in the initial application and it seems that we were lucky in that case.

I assume you mean your wife's income is £1300 per month? Is this income purely rental income?

You need to seek legal advice. If she declares her income on your application and signs to say that checks can be made she is implicating herself to fraud and could face criminal prosecution. Your income alone of £250 per month is not likely to constitute adequate maintenance.