ILR Unmarried Partner maintenance requirements

[namin]

Hi all

I am currently in the UK with leave to remain as an unmarried partner of a UK national. I received this leave to remain in August 2011 so my 2 years is very nearly up and I am starting to get the same nerves and stress back again.. so I would really appreciate some clarification!

I have read over the FM 1.7 Financial requirements document and the biggest change seems to be the new threshold of £18600 annual income. Back in 2011, if I remember correctly, the maintenance requirement was based on a formula of:
(income - accommodation) > income support
or (income minus accommodation) greater than income support

I'm kind of confused as to which requirement applies to me, as I applied for my initial leave to remain before the new rules came in to force.

Also, Are you still allowed to combine the income of both the applicant and the sponsor? My partner is self employed and also recently started up a limited company of which he is the director and sole share holder. I am in salaried employment.

If my income and my partner's income from his self employment are enough to cover the maintenance requirements, do I need to supply documents for my partner's earnings from the limited company as well? Obviously his tax self assessment will show both incomes, but as the company is quite new, I'm afraid he won't have all the documents required to support it..

If anyone could clarify the above points, I would really appreciate it! And apologies if these questions have been answered before.. I did do a search but couldn't find any answers, so please do point me the right direction!

Thank you so much!

[namin]

Think I just found answer regarding new threshold vs old adequate maintenance calculation... I am still under the old requirements I believe, can anyone confirm this? Thank you!

[Amber]

Old rules, you should include both incomes. Though, I wouldn't be overly fussed about the self employed evidence if you're working and have 3 months payslips with corresponding bank statements.

[namin]

Thanks!

My salaried income doesn't cover the required amount because we share our flat with another couple but only our names are on the lease, so on paper our rent comes to quite a hefty amount. So I will need to combine my earnings with my boyfriend's.

Can anyone tell me where I can find the old maintenance evidence requirements?
There seems to be items on the new requirements for self employment that I never submitted for my application for leave to remain..

Can anyone also confirm whether I need to supply documents to support both sources of my partner's income, or is it sufficient to just evidence one source if it is enough to cover the required amount?

[Amber]

How do you know it's not enough? What is your Net income per month and your rent per month? Do you have any children?

[namin]

My annual net income is £22000.
my rent is around 2600 per month
Current income suport for couples over 18 is £112.55
So:

22000 ÷ 52 = 423.07
2600 x 12 ÷ 52 = 600

Only my income on its own is less than our rent...
But with my partner's income from self employment which is at least £25000 (he is doing his tax return)

£25000 ÷ 12 = 480
480 + 423 = 903
903 - 600 = 303
303 > 112.55

So should be fine, yes?

[namin]

Sorry, should be £25000 ÷ 52 = 480

[Amber]

That rent is high, extortionate, relatively speaking in comparison with income, yes you should be fine. Just make sure you have the bank statements showing the income from both parties coming in and any HMRC documents regarding self employed income,

[namin]

Thanks for the response.

Yeah, tell me about it! Though, it is a massive warehouse in central London which also doubles as an office, and the cost is split fourways... that's how I try to justify it anyway!

[namin]

Another query if anyone could help...

I've been looking over my partner's accounts and since he started his limited company, he has moved most of his income to be received through the company. So for the first 7 months of the last financial year, he has lots of transactions/incomings/outgoings, but for the rest of the year there is not a lot in comparison, but average monthly earnings averaging around £2800.

I was only planning to provide evidence of his earnings from his self employment, as it seemed sufficient, but now I am worried the ECO might think he is losing business and will not make enough money!

Also to start up the company, my partner loaned the company £16000, which the company has been paying back to him by paying some of his sole trader work expenses... so in order to get a full picture of his financial standing, do you think I need to submit evidence for the limited company as well?

To make things even more of a balls ache, his financial year for the limited company is not ending till the end of this month and his return is not due till April 2014, while my visa is due to expire in mid August/next month. So I would rather not rush to get his tax return done in 2 weeks, when it is not due for another 9 months!

So I guess to put simply, do you think it would be sufficient for me to supply the following documents to evidence my partner's earnings:

For Sole Trader (this is basically what I submitted for my leave to remain application 2 years ago):
Accounts outlining profits/losses, expenses, payments etc
12 months bank statements showing payments from his tennants, expenses and lease payments going out.
letter from HMRC saying he is self employed
completed Self Assessment Tax Return for 2012-2013
Letter from HMRC showing he is paying his taxes and NI contributions
Contracts with his tenants/clients showing where his income is coming from

For Limited Company:
Statutory accounts from 31/07/2012
Certificate of Incorporation from Companies House
Registration letter from HMRC
12 months bank statements
Invoices sent to clients
Letter showing payment of business tax

Is this enough? Do I really need to send a completed Company Tax Return as well?

[namin]

Anyone? Help!

[Amber]

All that evidence should more than suffice.

[namin]

Thanks Amber!

So I don't need to send a company tax return for my partner's limited company?

[Jesseing]

May anybody inform me exactly where I can obtain the aged maintenance proof demands? There appears to always be products around the fresh specifications regarding home employment which i in no way posted for my request with regard to depart to keep.. Could any person in addition verify no matter whether I need to present documents to guide equally sources of my own lover's earnings, or is that adequate to just facts 1 origin if it's sufficient to pay the necessary sum?

[Amber]

Thanks Amber!

So I don't need to send a company tax return for my partner's limited company?

The evidence required for the old rules is not as stringent as that for the news rules.

[Amber]

May anybody inform me exactly where I can obtain the aged maintenance proof demands? There appears to always be products around the fresh specifications regarding home employment which i in no way posted for my request with regard to depart to keep.. Could any person in addition verify no matter whether I need to present documents to guide equally sources of my own lover's earnings, or is that adequate to just facts 1 origin if it's sufficient to pay the necessary sum?

What do you mean, the specified evidence under the new rules? If so see Annex FM (click)