Spouse Visa - Global Immigration

Financial Requirements

Umran Ajaib — Tue, 08 May 2018 18:11:41 +0000

Since 9 July 2012, the Immigration Rules have contained a financial requirement to be met by a person applying for entry clearance to, leave to remain in and indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is:

a British Citizen; or

present and settled in the UK; or

in the UK with refugee leave or humanitarian protection

Unless exempt there is a minimum income threshold that must be met. The minimum income threshold for a Partner applying from 9 July 2012, without dependent children, is £18,600.

However, where the application includes sponsorship of a child at the same time (or at any time before the applicant reaches settlement), the minimum income threshold increases and there is a higher financial requirement to be met.

The level of the financial requirement to be met in cases involving dependent children varies and is determined by the number of children who already have leave, or are applying for leave, at the date of application.

An additional gross annual income of £3,800 is required for the first child sponsored in addition to the Partner and an additional £2,400 for each further child. The level of the financial requirement will therefore be for example:

Partner with no children – £18,600.

1 child in addition to the partner – £22,400.

2 children in addition to the partner – £24,800.

3 children in addition to the partner – £27,200.

Promises of support from a third party cannot be counted towards the financial requirement. The applicant and their partner must have the required resources under their own control, not somebody else‟s. Promises of support from a third party are vulnerable to a change in that person‟s circumstances or in the applicant‟s or partner‟s relationship with them.

Exceptions to the Financial Requirement

Where the applicant‟s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:

Carer‟s Allowance.

Disability Living Allowance.

Severe Disablement Allowance.

Industrial Injuries Disablement Benefit.

Attendance Allowance.

Personal Independence Payment.

Ways of meeting the Financial Requirement

Where the applicant has to meet the minimum income threshold, the financial requirement can be met in the following 5 ways:

Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.

Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.

Cash savings of the applicant‟s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.

State (UK or foreign) or private pension of the applicant‟s partner and/or the applicant. This is referred to as Category E.

Income from self-employment, and income as a director of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.

Unmarried Partners

Umran Ajaib — Tue, 08 May 2018 18:04:21 +0000

The immigration rules allow for applications to be made to enter or remain in the United Kingdom on the basis of relationships where the couple are not married or in a civil partnership. Opposite sex couples who are not married are referred to as "unmarried partners", same sex couples who are not in a civil partnership are referred to as "same sex couples". The rules are the same whether an unmarried or same sex partner.

The immigration rules require that the couple must be living together in a relationship "akin to marriage or civil partnership" which has continued for two years or more. This is interpreted by the Home Office and Embassies abroad to mean two years' cohabitation and strong evidence of this cohabitation will be needed.

If you plan to make an application yourself you must read the rules and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them.

The particular circumstances of a couple will dictate the appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted.

Fiancés

Umran Ajaib — Tue, 08 May 2018 18:01:28 +0000

Entry clearance is given for six months, during which time you will not be allowed to work. You must show the following:

that you plan to marry or register a civil partnership within six months of arrival in the UK (though in exceptional circumstances an extension of this time-limit is possible)

there must be a place for you to stay before your marriage / civil partnership (this can be with your prospective partner, or elsewhere)

there must be sufficient funds to maintain you without working and without access to welfare provisions.

Once you are married you can apply for leave to remain on that basis. You will be granted an initial period of two and a half years, after which you must extend your leave to remain for a further two and a half years before you are eligible to apply for settlement.

There are no restrictions on working after you have been granted leave to remain as a spouse of a person present and settled in the United Kingdom.

Overview

Umran Ajaib — Tue, 08 May 2018 16:08:49 +0000

A marriage can form the basis of an application to remain in or enter the United Kingdom.

Applications can be made by the spouses of British citizens, UK permanent residents, European Economic Area nationals who are living in the United Kingdom and of other nationals who have certain types of limited stay in the United Kingdom.

if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.

*An applicant whose sponsor is in receipt of any of the following disability related benefits will be exempt from the financial requirement in respect of that application stage:

Severe Disablement Allowance

Disability Living Allowance

Industrial injuries Disablement Allowance

Attendance Allowance

Carers Allowance

If you plan to make an application yourself, you must read the Immigration Rules relating to marriages and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them.

Many applications may be straight forward, but some people will find it difficult to meet the requirements of the immigration rules or they may have a difficult immigration history. It is also good practice to have your documents checked by a solicitor to ensure you are providing the necessary documents/information, which is required as a shortcoming in documentation, can lead to a refusal of your application thus incurring further expense and delay in obtaining entry clearance

To be admitted to the United Kingdom your husband or wife:

must apply for entry clearance before they travel to the United Kingdom

must show that you are legally married

must show that you will have adequate accommodation

must show that husband and wife are both aged 18 or over on the date of application.

your partner is not related to you in a way that means you could not marry in UK law

you and your partner have met in person

your relationship with your partner is genuine and subsisting

if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law

you meet the suitability requirements

any previous relationship has permanently broken down (this does not apply to certain polygamous relationships)

you and your partner intend to live together permanently in the UK

you meet the financial requirement* (You must have an income of at least £18,600. If you are sponsoring a child as well as a partner you will need an income of at least £22,400. For each additional child being sponsored you will need an additional income of £2,400.)

you meet the financial requirement* (You must have an income of at least £18,600. If you are sponsoring a child as well as a partner you will need an income of at least £22,400. For each additional child being sponsored you will need an additional income of £2,400.)