New Testimonial on a Spouse visa from Canada with earnings from a limited company used to meet the Financial Requirement.
“Thanks for all you advice and assistance to become
successful in my bid to get the spousal visa. I do not believe that the final outcome would have been so
quick or so positive without your professional approach to the whole manner. I
would not hesitate for a moment to recommend your company to anyone.” Melvin, applied
for a Spouse visa from Canada.
Melvin
and his British wife lived in Canada for many years and now decided to relocate
to the UK. Both the applicant and the sponsor were living/working in Canada, so
Melvin’s spouse had to come to the UK and look for a job , to enable them to
meet the Financial Requirement. Even though Melvin himself (the applicant) was
the main earner, the Rules do not allow to count the earnings of the applicant
at Entry Clearance stage (ie for applications outside the UK).
After
Melvin’s wife has secured a job in the UK, with a salary over 18,600, the
couple were OK on meeting the 2nd part of the Financial Requirement.
However, the 1st part –
earnings of £18,600 in Canada – was more difficult. The couple had their own
business, a limited company, in Canada, and were both directors. So, the
Sponsor was officially falling in the ‘self-employment’ category – as a
director of a family company. This is despite the fact that the applicant was
the one actually running the business.
Normally,
we would be counting Sponsor’s income for the last financial year of the
company, in this case it would be a 2012 calendar year. However, the current
Rules dictate that directors of limited companies registered outside the UK to use
employment and/or non-employment categories, A or B or C, meaning the Sponsor in this case could use her
director’s salary as ‘employment salary’. Such an approach worked well in this
case, although it would not have been applicable to a director of the company registered
in the UK.
To
make the matters more complicated, the Sponsor has already started working in
the UK (instead of just having a job offer). So, in this case we used an
employment Category B:
– Sponsor working in the UK for less than 6
months , current salary min £18,600; and
-
in
the last 12 months before the date of application the Sponsor has earned min
£18,600 in a combination of director’s salary from the company in Canada and 1 month salary from a new job in the UK.
This
application was submitted using Premium settlement service (available in
Canada, USA and many other countries) and it took less than 2 weeks for the UK
Border Agency to approve a visa!
For an
individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
If you are an
Immigration Adviser or a Solicitor please visit our immigration Training and
CDP website: www.1st4immigration.com/training 
