Spouse visa, complex situation due to war and covid19

[Phil2020]

Hi guys,

I'd like to ask about getting a spouse visa for my wife and 1 child.

I'm a British citizen, my wife and my 5 month old infant child are in Tigray region of Ethiopia. Since November of 2020 the Ethiopian government has launched a devastating war of ethnic cleansing on Tigrayan people/region and cut off the entire region from the rest of Ethiopia as well us the world by blockading access to the region and cutting of all types of communications such as telephone and internet.

Consequently my family are on grave danger, they are on the verge of death by starvation as the Ethiopian government refusal of access to aid organizations, and I can't help either due to there are no any means of accessing the region due to ongoing war and the Ethiopian government's hostilities towards Tigrayan nationals.

I'm Self-Employed and on the tax of year of 2019/2020 my income after tax was little over 18,600£ but due to covid19 lockdowns I'm claiming universal credit and yes I did received SEISS grant 3 times, twice covering 80% my earnings and 1 times covering 70% of my earnings that is around 12,000£ on SEISS grant. So in total my earrings for the tax year of 2020/2021 is 14,000£ so based on the 2020/2021 tax year alone I would not qualify the financial requirement but based on the 2019/2020n tax year I seems fulfil the requirement.

So my question is can I make my application for spouse visa for my wife and child solely based on financial income of 2019/2020 tax return?

In terms of accommodation, would my 1 bed room flat with a living room be adequate?


Due to the insurmountable obstacles and exceptional circumstances I can not fulfill all the requirements. The rights and freedoms of my partner is severely constrained, due to the ongoing war in Tigray there is particular risks to me and to my family that leads to insurmountable obstacles in security and protection.

Would my exceptional circumstance has any chance of successful application?

The raised barrier of my circumstance is causing a great deal of stress and hardship I would appreciate any advice you give me.

Thanks

[Zerubbabel]

Hello,

Messy situation indeed. I have seen places in Africa where under the project of "fighting terrorism" authorities bomb entire villages, launch attacks against weddings and family reunions... etc. You need to get out your family from there asap. Initially, out of this region if possible.

However, the spouse visa is not an asylum application. It means its requirements won't be much flexible depending on the country where the spouse is.

The financial requirement is:

£18'6000 / year revenue for the spouse
+£3'800 / year for your first child

The total is: £22'400

You can find more here: https://www.gov.uk/uk-family-visa/proof-income

Or even more details here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

Self employment revenue is described from page 55:

- Cat F: last financial year
- Cat G: Average of the 2 last financial years

If you are claiming exceptional circumstances, they may take into account the support of another person who would act as a guarantor. See at the end of page 64:

a credible guarantee of sustainable financial support to the applicant or their
partner from a third party.

But you need:

1 - find such a grantor (not easy!)
2 - convince the Home Office that the situation is exceptional enough

[manci]

The gross (before tax) income you'll need to show is £18,600 + £3,800 for 1 child. If you are self employed and not director of a company this could be just for the last full financial year, i.e if you apply before 6 April 2021 for 2019/20.
The guidance for the financial requirements is here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

As part of the visa application your family would need to travel to the Addis Ababa Visa Application Centre. Is that possible under current circumstances?

[Phil2020]

Hello,

Messy situation indeed. I have seen places in Africa where under the project of "fighting terrorism" authorities bomb entire villages, launch attacks against weddings and family reunions... etc. You need to get out your family from there asap. Initially, out of this region if possible.

However, the spouse visa is not an asylum application. It means its requirements won't be much flexible depending on the country where the spouse is.

The financial requirement is:

£18'6000 / year revenue for the spouse
+£3'800 / year for your first child

The total is: £22'400

You can find more here: https://www.gov.uk/uk-family-visa/proof-income

Or even more details here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

Self employment revenue is described from page 55:

- Cat F: last financial year
- Cat G: Average of the 2 last financial years

If you are claiming exceptional circumstances, they may take into account the support of another person who would act as a guarantor. See at the end of page 64:

a credible guarantee of sustainable financial support to the applicant or their
partner from a third party.

But you need:

1 - find such a grantor (not easy!)
2 - convince the Home Office that the situation is exceptional enough

Thank you for the replay and clearing up some of my confusion with the financial requirements in relation to the covid19 situation.

Yes, its messy and very stressful situation it's race against time for me, I would not wish to anyone to go through.

[Phil2020]

The gross (before tax) income you'll need to show is £18,600 + £3,800 for 1 child. If you are self employed and not director of a company this could be just for the last full financial year, i.e if you apply before 6 April 2021 for 2019/20.
The guidance for the financial requirements is here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

As part of the visa application your family would need to travel to the Addis Ababa Visa Application Centre. Is that possible under current circumstances?

Thanks for clearing the financial requirements with regards of covid19 situation.

I believe I fulfill the financial requirement of £18,600 net revenue after tax that is not including any children. I have savings over £3,800 to cover the child's requirement but not so sure if savings can be used in this!?

[Frontier Mole]

Is the child a British Citizen? If so then you only have to cover the financial requirements for your spouse.

[iwolga]

The gross (before tax) income you'll need to show is £18,600 + £3,800 for 1 child. If you are self employed and not director of a company this could be just for the last full financial year, i.e if you apply before 6 April 2021 for 2019/20.
The guidance for the financial requirements is here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

As part of the visa application your family would need to travel to the Addis Ababa Visa Application Centre. Is that possible under current circumstances?

Thanks for clearing the financial requirements with regards of covid19 situation.

I believe I fulfill the financial requirement of £18,600 net revenue after tax that is not including any children. I have savings over £3,800 to cover the child's requirement but not so sure if savings can be used in this!?

You need gross, not net revenue, so presumably you shall be ok if your net is over 18,600

[manci]

I believe I fulfill the financial requirement of £18,600 net revenue after tax

it is your before tax gross income that counts for the £18,600 , not "net revenue after tax".

Is the child a British Citizen? If so then you only have to cover the financial requirements for your spouse

Was the child born in the UK and if not is there an English language birth certificate for the child naming you as the father?

Are you a British citizen otherwise than by descent, for example were you born in the UK or have you naturalised?

[Phil2020]

Is the child a British Citizen? If so then you only have to cover the financial requirements for your spouse.

Not yet but I'm thinking about first to register my baby as British and then do the spouse visa application for my wife that way I can fulfill the financial requirement...

Thanks for the idea.

[Phil2020]

The gross (before tax) income you'll need to show is £18,600 + £3,800 for 1 child. If you are self employed and not director of a company this could be just for the last full financial year, i.e if you apply before 6 April 2021 for 2019/20.
The guidance for the financial requirements is here:
https://assets.publishing.service.gov.u ... .0-ext.pdf

As part of the visa application your family would need to travel to the Addis Ababa Visa Application Centre. Is that possible under current circumstances?

Thanks for clearing the financial requirements with regards of covid19 situation.

I believe I fulfill the financial requirement of £18,600 net revenue after tax that is not including any children. I have savings over £3,800 to cover the child's requirement but not so sure if savings can be used in this!?

You need gross, not net revenue, so presumably you shall be ok if your net is over 18,600

Yes my actual net earning after tax was around £18,900 so I got that one covered.

[Frontier Mole]

Self employed - it the net profit before tax that matters. So if your turnover is say £35k and your costs are £10k your net is £25k.

The £25k is the income that you would pay tax on

[Phil2020]

I believe I fulfill the financial requirement of £18,600 net revenue after tax

it is your before tax gross income that counts for the £18,600 , not "net revenue after tax".

Is the child a British Citizen? If so then you only have to cover the financial requirements for your spouse

Was the child born in the UK and if not is there an English language birth certificate for the child naming you as the father?

Are you a British citizen otherwise than by descent, for example were you born in the UK or have you naturalised?

Thanks for the info.

Yeah your right, I was actually meant to say my actual net earning after tax was around £18,900. So got that one covered I think.

Child was born in Ethiopia but I have the child's birth certificate under my name as a father off course, and yes I'm a British citizen otherwise than by descent.

[Frontier Mole]

Good luck my friend, you are in a very difficult situation and I hope it goes well.

I see the biggest barriers being getting access to the administrative side, eg actually getting to somewhere you can do the physical aspects. Giving biometrics, supply of the info to get your child their British Citizenship etc.

Perhaps someone on the forum can give advice on how to overcome these issues as that may define how you wish to approach your family joining you in the UK.

[Phil2020]

Self employed - it the net profit before tax that matters. So if your turnover is say £35k and your costs are £10k your net is £25k.

The £25k is the income that you would pay tax on

I got you, sorry for the confusion I've double checked my tax return for April 2018 to April 2019 and my turnover was £24,433. And my net profit was £22,853. Business was doing alright right up until March 2020 when the covid19 lockdown began then my earning almost completely disappeared.

The HO brought out some changes to the minimum income and adequate maintenance requirement as quoted below.

If you’re self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 May 2021 will usually be disregarded, along with the impact on employment income from the same period for future applications.

Does this mean that if I applied for spouse visa right now my earnings will be calculated based on pre 1 March 2020 earning? If yes all I need to provide is my annual tax return for 2018/2019 and bank statement pre 1 March 2020?

[Frontier Mole]

In essence the answer is yes, your last full tax year up to March 2020 will be used as your self employed earnings. If your post March 2020 earnings were impacted by COVID and your earnings have fallen below the threshold. It is not a blanket coverage concession, not the words “will usually be disregarded” This allows UKVI to sift out failing / closed businesses where COVID was not the reason for failing to meet the threshold.

Not so sure if UKVI will just accept bank statements to cover the tax year to April 2020. There would be an expectation that as the declaration / submission of your April 2020 tax return would have been submitted to HMRC by the end of January 2021.

[manci]

Does this mean that if I applied for spouse visa right now my earnings will be calculated based on pre 1 March 2020 earning? If yes all I need to provide is my annual tax return for 2018/2019 and bank statement pre 1 March 2020?

If you had at least £18,600 pre-tax self-employment income as a sole trader in the 2019/20 financial year (6 April 2019 - 5 April 2020) that will be sufficient provided you apply before 6 April 2021. However, the documents you'll need to submit are quite extensive, refer to page 59 https://assets.publishing.service.gov.u ... .0-ext.pdf

Child was born in Ethiopia but I have the child's birth certificate under my name as a father off course, and yes I'm a British citizen otherwise than by descent.

From the information you provided It seems that your child could apply for a British passport but in view of the situation in Ethiopia/Tigray this will not be straightforward.