Financial Requirement Calculations HELP !!!!

[fanta35]

Hi,

My husband is British citizen I am non EEA, we have been married for 5 years and have to children (2 and 5yrs old British citizen) he moved to UK on Sept 2013 when he got a job in a restaurant earning per hour, plus tips. I am planning to apply in Aug 2014 for spouse visa , but the big dilemma we have is with the financial calculations.
his income varies from month to month, plus he is paid fortnightly meaning he gets his pay slip every 2 weeks.
Our concern is that not every 2 weeks he has same income, meaning for last six months his payslips look different.
Until last month we didnt realize that his annual salary does not meet the requirement and that he has to put through the system his cash tips. he has started doing so and this month pay slips are way much higher that previous one!
will HO calculate the lowest payslip, or we should try and get annual income and wait for another month and pply in Sep 14.

We also receive a property rent of around 15000 per year (property not in UK), but the rent is paid in my husbands account the contract is in my husbands name but the deeds are on my father in law name.... we use this income for 3 years now and the contract is 5 years + 5 years.

PLEASE HELP,
Thanks

[Casa]

The caseworker will make the calculation from the lowest payslip in the 6 month period. I believe you have a problem with the property ownership not being in your name. See below;
10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided:
(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property for
which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or
(2) A mortgage statement.
(ii) Personal bank statements for the 12-month period prior to the date of application showing the rental income was paid into an account in the name of the person or of the person and their partner jointly.
(iii) A rental agreement or contract.

[Rayking]

But ain't you working? If you're working then you can combine income to meet up.

[fanta35]

Thanks for prompt reply, can then apply for annual income as we calculate the annual income will exceed 18600???

[fanta35]

No sadly I am not working .... I am will make application outside UK, so my income will not be calculated I guess..

[Rayking]

I asked because you said you've got kids that are British so i assumed you were in UK?

[fanta35]

Yes they are British by decent, (born in another country passed citizenship from they father )
So the only option is to apply for Cat B , and provide annual payslips and bank statements?
We also own land on our name, no income but we can sell it

[Wanderer]

Also be wary of tax implications for income received via property rental;

https://www.gov.uk/renting-out-a-property/paying-tax

[Casa]

Thanks for prompt reply, can then apply for annual income as we calculate the annual income will exceed 18600???

As my previous post the annual calculation will be made on the lowest monthly payslip. Multiply the lowest monthly earnings by 12 and see what figure you have.

[fanta35]

Thanks Wanderer,
but the property is not in UK, is in another country and we pay taxes in that country... or we should pay taxes here as well?

[fanta35]

Thanks for prompt reply, can then apply for annual income as we calculate the annual income will exceed 18600???

As my previous post the annual calculation will be made on the lowest monthly payslip. Multiply the lowest monthly earnings by 12 and see what figure you have.

Is there any other calculation for weekly payments ? I did read in the law or guide to meet the financial requirement that those paid hourly on rota basis are calculated per week, but those are very straightforward cases, and I cannot find myself in any of these examples that is why I registered here perhaps to find anyone who had similar case with mine.

Thank you

[Wanderer]

Thanks Wanderer,
but the property is not in UK, is in another country and we pay taxes in that country... or we should pay taxes here as well?

Possibly, but you must declare it, any income received in UK is subject to UK tax, but can be offset against tax paid in another country if there is a DTA in place.

From HMRC website:

If you live and pay tax in the UK you must declare rental income from overseas property lettings on the foreign pages of your tax return. If you pay foreign tax on the income, you can usually get credit for this against the UK tax you have to pay on it.

Please read this too:

http://webarchive.nationalarchives.gov. ... etting.pdf

[fanta35]

Good Point I am looking on it

Thanks

Thanks Wanderer,
but the property is not in UK, is in another country and we pay taxes in that country... or we should pay taxes here as well?

Possibly, but you must declare it, any income received in UK is subject to UK tax, but can be offset against tax paid in another country if there is a DTA in place.

From HMRC website:

If you live and pay tax in the UK you must declare rental income from overseas property lettings on the foreign pages of your tax return. If you pay foreign tax on the income, you can usually get credit for this against the UK tax you have to pay on it.

Please read this too:

http://webarchive.nationalarchives.gov. ... etting.pdf

[Rayking]

Thanks for prompt reply, can then apply for annual income as we calculate the annual income will exceed 18600???

@ casa,can't she apply with Cat B if they meet up in the last 12 months? I think that should work?

[Casa]

Yes it seems that they can.

[fanta35]

Yes it seems that they can.

So does this mean that we can submit all payslips (i think 26 of them - fortnightly payment) from Sept 2013 - Sept 2014 plus the bank statement confirming the same since he works for a big company earning several restaurants , and just sum the total of it. e.g Sept 400 + Sept 700 + Oct; 500 + Oct' 2000 pounds - because he has 2 payslips per month .... ??

of course the employment contract, letter from employer and P60 which is not so good since he started working in Sept and Tax year is calc. from April of previous year.

I am correct or just stressing and panicking !!!

[Rayking]

Yes,in the past 12 months of your application as long as you meet the minimum financial requirement with ALL the corresponding payslips & bank statements, even if the payslips are given weekly.
Add it up and see if you meet up and you can apply under Cat B of financial requirement.

[fanta35]

Yes,in the past 12 months of your application as long as you meet the minimum financial requirement with ALL the corresponding payslips & bank statements, even if the payslips are given weekly.
Add it up and see if you meet up and you can apply under Cat B of financial requirement.

Thank you all so much .... I think I got it