hi, in regards XXXXX XXXXX immigration laws coming into effect from 9th july, and in relation specifically to the financial requirements for spouse visa's, it says under the new draft guidelines published on the ukba web site here http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/section-fm/section-FM-1.7.pdf?view=Binary&fb_source=message that we have to provide the following document.• The amount of tax payable for the last financial year; the amount of tax paid for thelast financial year; and the amount of any unpaid tax for the last financial year. i have an unpaid tax amount of around £8000 going back to 2008, can you therefore advise me if this would affect my application for a spouse visa for my partner?
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Hi,I am here...
Hi, i keep getting emails asking me to rate the answer you gave but with all due respect i am confused by the answer as you said that "expenses is not considered by the UKBA on spouse visa applications, only income"...however i believe that to be incorrect as the whole purpose of applicants sponsors having to give full disclosure on all living costs means that expenses are considered....the question was in relation specifically to outstanding income tax amounts on the sponsor as with them being self employed then this (disclosure of tax due, tax paid and tax outstanding) is a requirement for the application
Hi,As stated above, expenses are not considered, only income. I note what you state regarding evidence from hmrc, but this is to verify your income. Caselaw has previously dealt with this issue and I can categorically say that expenses should not be considered. I hope this answers your question. If so, kindly click ACCEPT. Your question will not close and I will be happy to answer any follow up questions. Kind regards,
so why do they ask for details of what has been paid to the tax office and what remains outstanding? is it not the case that based on the income tax debt they can turn round and say "well as you owe the tax office this amount then we have to deduct from your "income"
Hi,No. That is a misconception. They ask for the details to verify your income with HMRC.This is the first time the UKBA has specifically asked for this information, previously it was suggested that it be provided. In any event, it is your income and not your expenses which is the measure. I hope this answers your question. If so, kindly rate the answer and provide feedback. Your question will not close and I will be happy to answer any follow up questions. Kind regards,
but is the SA302 not the verification of income? why is it that applicants sponsors now have to provide not only the tax payments information but also the SA302?
Hi,I am positive expenses do not count. With regard to the eea option, this would be simpler as the eea rules are not as strict. Which option you choose is entirely up to you.
ok so based on the new financial requirements of the ukba ie: the question asking to provide evidence of tax due, tax paid and tax outstanding - is it obligatory that we must provide this for the application to proceed? or would it still proceed supplying only the SA302 which is an official tax office confirmation of income and tax due for that financial year?
Hi,Under the new rules, it is obligatory that this information is provided. If it is not, your application will be refused. I hope this answers your question. If so, kindly rate the answer and provide feedback. Your question will not close and I will be happy to answer any follow up questions. Kind regards,
and you are adamant that regardless of the tax outstanding it cannot be used as a reason for refusal or to choose a better description, re-balancing the income to make it less?
Hi,Yes I am adamant. I hope this answers your question. If so, kindly rate the answer and provide feedback. Many thanks
Solicitor-Advocate. UK Practising Certificate issued by SRA.
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