Trying to get the wife a visa to come and live here. I have to sponsor her and show I earn £18600.
I’ve started a new company and pay myself more than that.
Immigration lawyer says I won’t meet the financial requirements as my new company has no history.
I can’t find any guidance, but it sounds a bit daft.

Any experience?

Immigration lawyer says I won’t meet the financial requirements as my new company has no history.
I can’t find any guidance, but it sounds a bit daft.

Fairly normal you are trying to prove you can support her, you can pay yourself a lot in year one and go bust in year 2. Best to see what the lawyer can suggest though for specific solutions.

It’s more office based contracting role. I could be staff and have issues. Doesn’t make sense.

Is there written guidance on this somewhere? I either meet the financial requirements or I don’t.

Try getting a mortgage, bet you can’t. One of the negatives of contracting I’m afraid

Not to be weird but whats does the immigration lawyer say? They should have all the up to date information.
The rules may not make sense but it’s the same as applying for a mortgage, you have no earning history in the role you are in, being staff may offer you more stability and your earnings would be more transparent also. At present you are effectively self certifying your income, what you have earned to date is no indication of what you will earn tomorrow (as an employee you have a contract with your salary details) your consultancy could run out of work etc.

no offence but you saw an lawyer who specialises in this and then you asked the internet

I appreciate the answer they gave you is shit [ and I sympathise with your scenario and dont support the law] but I suspect they are far better informed than anyone on here

I hope there is a fix for you

Yes. Now I would like to better informed.
I like looking at sources first hand. So does anyone know where there is government guidance in this?

So in not really “asking the Internet” for the advice I’d like to hear, more asking if anyone knows the source of this guidance.

https://www.gov.uk/tier-2-general/eligibility
http://www.migrationobservatory.ox.ac.uk/resources/reports/the-minimum-income-requirement-for-non-eea-family-members-in-the-uk-2/
Gov.uk is the best source for the source. Though are you planning to challenge or find a way to be within? If your not an immigration lawyer then maybe ask one. Not trying to sound like an arse but if you don’t meet criteria loopholes are hard to find. It’s not fair is not one.

The alternative is to put £62,500 in her savings account.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

We’re going through this with my wife, although I’m in full time employment.

There’s a case that’s famous amongst those affected by Theresa May’s horrible spouse visa rules that came in in 2012, that of Marianne Bailey. Despite an income of over £50,000 a year, because it came from rental properties etc. it didn’t count. Nor does my wife’s PhD funding. And, sadly, nor does any income from self employment.

In the old days you just had to be above the poverty line, and if you weren’t then you could get a friend or family member to sponsor them. Unfortunately you can’t do that now – your only real option is to find £62,500 of savings (I think you need to have had this in her account for some time, several months at least), get a full time job, or get her over here with a full time job. This is unlikely to work- they were funny about letting my wife back in on her student visa that let her stay until February 2013, following the end of her course in July 2012 and our marriage in September 2012. They said at the airport her main reason for coming back was to be my wife, not a student. If you apply for a work visa of some kind then they’ll pick this up, and she’ll not get a job without one before applying.

If you are in a normal job and have been in it fir less than 6 months you have to prove 12 months of prior earnings. If youve been in it iver 6 months you have to prove 6 months of earnings – it would suprise me if this is different for self employed people.
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Hi, I’m doing this st the moment, who are you using our solicitor is worse than awful. I think you need 6 months worth of accounts showing you earn over the threshold. Have a look on immigration boards website, they are a bit blunt but helpful. Also there is a blog called upraised living where the lady who runs it breaks down what other documents you need.

How long have you been trading, under 6 months?

All I have to add on the topic of visa applications is ‘aaaarrrrrrrgggggghhhhhhhh’. Over 6 months and still waiting.