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  1. #1
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    Brick wall Living with parents, no rental agreement can still get spouse visa??

    Hello, I am new to this forum and am just starting the process of obtaining a spouse visa for my Thai girlfriend. I live with my parents and pay them no rent, can i still get this visa??
    also another point, I am a self employed driving instructor, so no wage slips, just a p60.
    will this be a problem.
    thanks for any advice

  2. #2
    Forum Dinosaur ไดโนเสาร์ Linne's Avatar
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    I am not the best person to answer this but please remember you g/f might be getting the visa. No accounts for your business ?

  3. #3
    Forum Regular สมาชิกประจำ
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    Accommodation

    If you are applying for entry clearance or leave to remain as a partner, child, partner or dependent relative you must provide evidence that there will be adequate accommodation in the UK, without relying on public funds, for you and your family. This includes any family members who are not included in the application but who live in the same household with you.
    We will not consider your accommodation to be adequate if:

    • it is overcrowded; and
    • if it does not meet public health requirements.
    • The availability and adequacy of accommodation (see MAA14 below).
    • Permission from the owner if sharing
    • A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.
      Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.
      Rooms such as kitchens or bathrooms are excluded.
      Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:
      Number of rooms Maximum number of people allowed
      1 2
      2 3
      3 5
      4 7.5
      5 10
      Each additional room in excess of 5 An additional 2 people



    - - - - - - - u p d a t e d - - - - - - -

    Proof of Income for self employed:

    In respect of self-employment in the UK as a partner, as a sole trader or in a
    franchise all of the following must be provided:

    (a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.
    (b) The latest:
    (i) annual self-assessment tax return to HMRC (a copy or print-out);
    (ii) Statement of Account (SA300 or SA302); and,
    (iii) the same for the previous financial year if the latest return does not show the
    necessary level of gross income, but the average of the last 2 financial years does.
    (c) Proof of registration with HMRC as self-employed.
    (d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the
    partnership or business.
    (e) Where the person holds or held a separate business bank account(s), bank
    statements for the same 12-month period as the tax return(s).
    (f) personal bank statements for the same 12-month period as the tax return(s)
    showing that the income from self-employment has been paid into an account in the
    name of the person or in the name of the person and their partner jointly.
    (g) Evidence of ongoing self-employment through evidence of payment of Class 2
    National Insurance contributions.
    (h) One of the following documents must also be submitted:
    (i)
    (aa) If the business is required to produce annual audited accounts, the latest such
    accounts; or
    (bb) If the business is not required to produce annual audited accounts, the latest
    unaudited accounts and an accountant's certificate of confirmation, from an
    accountant who is a member of a UK Recognised Supervisory Body (as defined in the
    Companies Act 2006);
    (iii) Evidence to show appropriate planning permission or local planning authority
    consent is held to operate the type/class of business at the trading address (where this
    is a local authority requirement)

  4. #4
    Forum Regular สมาชิกประจำ
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    Apoliges,
    the last part of proof of income seems to be if your partner will join the company.

    Here is what the UKBA website confirms for proof of income....

    How many documents you should send

    It is essential that earnings are corroborated by more than one source, so you must send at least 2 of the following from different sources as proof of your earnings:

    • payslips;
    • personal bank statements;
    • letter from your employer;
    • official tax document;
    • dividend vouchers;
    • letter from your managing agent or accountant;
    • invoice explanations or payment summaries;
    • company or business accounts.

    You must send at least 2 different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed.
    For example, when sending documents for salaried employment, you should not send payslips together with a letter from the employer, because we consider both of these documents to be from the same source.
    If you are sending a combination of bank statements and a letter/invoice summary from your accountant, you must also provide any invoices generated during the period for which you want to claim earnings.

  5. #5
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    Thank you so much for detailed reply

    - - - - - - - u p d a t e d - - - - - - -

    thank you, yes visa is of course for g/f
    and no I don't have accounts for business.

  6. #6
    Forum Antiquity ของโบราณ bifftastic's Avatar
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    Hi there, just a thought. If you aren't married, then she isn't your spouse, so you can't apply for a spouse visa.

    Unless you have been living together for a number of years (2?) in a relationship akin to marriage, and can prove it, then you can apply for a visa for her to remain in the UK with you as an unmarried partner.

    Unless of course you're about to get married, then of course, she will be your spouse.

    - - - - - - - u p d a t e d - - - - - - -

    And you will need to have accounts.
    "You're so unapproachable!"
    "And yet, here you are."

  7. #7
    Rookie มือใหม่
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    hi could you tell me if you have tried for visa yet an how its going, in the same kind of position as you.

  8. #8
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    hi..not applied for visa yet, will after I marry in March!
    Busy now getting paper work together
    My main problem is income, making sure I reach the £18,600, and proving it!
    I think living with my parents should be no problem, apparently I just need a letter of support from my parents to say they agree to us living with them.

  9. #9
    Moderator Tobias's Avatar
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    lostsoul, are you employed or self-employed?
    Tobias - โทเบียส
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  10. #10
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    I am a self employed driving instructor.

    - - - - - - - u p d a t e d - - - - - - -

    Can anyone tell me if I just need a support letter from my parents to say that my wife can live in their house in the UK??
    Thank you

  11. #11
    Moderator Tobias's Avatar
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    Quote Originally Posted by lostsoul View Post
    I am a self employed driving instructor ...
    Quote Originally Posted by lostsoul View Post
    ... so no wage slips, just a p60 ...
    If you're self-employed where did the P60 come from?
    Tobias - โทเบียส
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  12. #12

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    the house isnt a problem, although our application was just put on hold because the previous years earnings must be above £18600 there was no issue with living in parents house. the details I submitted were: letter from mother stating that me and mrs were able to stay in the house, mothers mortgage papers, estate agents plan of house and pictures of every room. she has stayed in the house before on a visitor visa also.


    sorry ive written this reply badly but in addition:

    they will not go off your current years earnings & bank statements at all. at the time of applying for our visa I had already earned over the threshold for income. if your previous years tax returns shows earnings below £18600 your best bet is to wait until april and submit your tax return and send all the documents associated with it. (assuming the £18600 rule is still in play by this time.)

  13. #13
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    Sorry..I mean SA302 self assessment form

    - - - - - - - u p d a t e d - - - - - - -

    Thank you so much Walshie, very helpful!
    I was planning on waiting till April anyway, as last years income was just below threshold

  14. #14
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    At the moment lostsoul there is no discretion when it comes to the minimum income level so if you cannot provide the required evidence to prove you satisfy the £18,600 minimum any application would be put on hold pending the appeal decision. The Government's appeal will be heard in March. If the Government succeeds (I feel it unlikely) then all applications currently on hold because they do not satisfy the current £18,600 minimum income requirement will be refused and the application fee lost.

    If the Government fails in its appeal then we will need to see the Judgment to see how the decision will affect future applications.

    Now, moving to your question relating to your accommodation, would you confirm the number of rooms at the property and the number of people (adults and children) that will be living there should your wife succeed in her application. Would you and your wife have 'exclusive use' of a room?
    Tobias - โทเบียส
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  15. #15
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    Thank you Tobias.
    The property has 3 bedrooms(total rooms is 7) , total of 4 adults will be living there and yes my wife and I would have exclusive use of our room.
    Another question, my parents have savings, would this be able to be used to offset my income??

  16. #16

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    as far as im aware (might be wrong) but they will only go off your savings/income. I read somewhere that they will not accept any 3rd party guarantee of financial assistance. Although your parents can give you over the requirement for the savings and you wait 6 months shouldnt be a problem

  17. #17
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    Hello, wondering if anyone can help me on here, please!
    I am in the process of gathering together all the documents for my wife's settlement visa, as I live with my parents what documents do they need to give me to prove they are the owners of thier house!
    They have no mortgage.
    Title deeds?, would these be necessary?, and if so, certified copies??

  18. #18
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    I have just submitted a settlement visa application, I too am living with parents, I submitted the following, copy of title deeds, separate letter from both parents confirming I have exclusive use of a double bedroom, and the original mortgage survey stating the number of bedrooms and their size, I was advised to have an independent survey carried out , but he original survey for the mortgage did the trick .

  19. #19
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    thank you very much!

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