Get a family visa for the UK, live with your spouse or relative - eligibility, proof, renewing, financial and English language requirements. The paragraph EX.1. There are three key sources that will tell you what financial documents are required – Appendix FM-SE, Appendix FM 1.7 and Appendix FM 1.7a. The following are previous 6 months’ gross figures (as seen on her pay slips and bank statements): February: £1,600 Non-partner visas do not count towards the 5-year qualifying period that is required to obtain Indefinite Leave to Remain (ILR) under the spouse (partner) route. We provided an overview of this here, under the sub-heading ‘Category A (Income from a non-specified limited company). Appendix FM of the Immigration Rules contains minimum financial requirements to be met in entry clearance or leave to remain applications. To avoid making this article three million words long, this is discussed this in our article “Cash Savings Guidance for 16000 – 62500+ Spouse & UK Partner visas in 2020“. exception (discussed in this article here) does not apply to out-of-country applications. If you, your partner and/or family members of you and your partner own shares (either directly or indirectly) in the employing limited company, then your employer will be a specified limited company IF ‘the remaining shares are held by fewer than five other persons’. Example of salaried income under Category B. John pay slips in the past 12 months were as follows: March 2018: £1,000 #1 For applications that are being made outside the UK, it is generally only the UK partner’s (aka ‘sponsor’s) employment income that can be counted towards the financial requirement. #7 You left or were removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 in the 5 year prior to the spouse visa’s date of decision. #1 You must first determine whether the employment is either salaried or non-salaried. In such a case, the relevant Category for you is Category F or Category G. Family members here include: parents, grandparents, children, stepchildren, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces and first cousins. (iii) Fiancé(e)/proposed civil partner visa applications. April 2018: £1,000 DIY Application Pack – 100% Money Back Guarantee, Spouse visa UK application form 2020 [53 things you NEED to know before submitting], Spouse Visa UK Financial Requirements 2020 Guidance, FLR M 2020 Guidance: Extension of Spouse visa, FLR(M) & Spouse Visa Extension Fees & Costs in 2020, IDV UVKCAS App [What is it, Can I Use It & How Should I Use It? Those who are in the UK due to their non-visa national status must return to their home country and apply as a married partner, unmarried partner or fiancé(e). It should first be noted that only applicants who are in the UK on a UK visa that allows them to legally work may include their employment and self-employment income towards the financial requirement. Not all sources of income can be included towards the financial requirement. Your ‘annualised average’ for non-salaried employment must be higher than the financial requirement that applies (normally £18,600). Since July 2012 the UK’s Immigration Rules have required non-EEA nationals to satisfy a financial, ‘minimum income’ requirement in order to secure a visa to join a British/settled spouse or partner in the UK. Where the UK partner lives outside of the UK and is returning to the UK with the applicant if the application is successful, they will generally be treated as being ‘present’ in the UK. #2 Second of all, the applicant must fall within a definition of a “partner” in Appendix FM of the Immigration Rules, which covers these relationships: The reason for this is that there are four sub-categories of applications that can be made under Appendix FM of the Immigration Rules depending on your relationship to the person you are seeking to join, or remain with, in the UK. Perhaps, during the period, the spouse visa ILR success rate has oscillated within a narrow band during the period. What are the Spouse Visa UK Financial Requirements in 2020? Month 1 – £2,000 (gross) We will now discuss the accommodation spouse visa UK requirement in 2020. #5 You were asked but did not comply (without reasonable excuse) with a request to provide: #6 Medical reasons make it such that it is undesirable to grant you a UK spouse visa. #7 The Home Office have been told of National Health Service (NHS) charges of more than £500 that you have not yet paid. been working in the UK for at least 6 months before the application is submitted So for that particular category, the person must be earning at least the minimum income threshold of £18,600. March: £1,700 Your gross annual salary at the date of application must be higher than the financial requirement (usually £18,600). This doesn’t seem straightforward at first, I know – but we provide a step-by-step approach that you can take to calculate the adequate maintenance test here. In this case, the level of cash funds that you hold will lower the minimum income threshold that applies to your application. If you receive one of the above benefits, then you will need to meet the ‘adequate maintenance test’ instead. If you are making the spouse (partner) visa application from outside the UK, it is possible that you will have to take a TB test, if you are habitually resident in one of the listed countries. If you are currently in the UK on a fiancé(e) visa or on another type of visa (i.e. [for UK Partner Visas in 2020]. If your employment income is not from a specified limited company, the relevant categories are Category A and Category B. This income must equal or exceed the level of Income Support a family unit of equivalent size can receive in the UK, which is C of the above equation. On 1st November 2019, he will start to receive his very generous pension, which provides a gross annual income of £40,000. of Appendix FM, FLR(M) and spouse visa extension fees and costs in 2020, Unmarried Partner Visa UK Guide for 2020 [STEP-BY-STEP], UK Spouse visa & Coronavirus (COVID-19) DECEMBER update. #6 The applicant and UK partner’s relationship must not fall within the prohibited degree of relationships. Salary received on April 1st: £2000 (gross) of Appendix FM. This is because the Home Office adopt an overly strict stance with regards to financial documentation in particular. In a nutshell, you cannot apply to extend your stay in the UK using the FLR(M) application if: So, this essentially means that it is mainly only those individuals who are in the UK on a long-term visa that can submit an FLR (M) application from inside the UK. Since shares are held by fewer than five other persons, this is a specified limited company (Category F). If you have cash savings of more than £16,000 but less than £62,500, then this can be used to reduce the financial requirement that applies to you. Nonetheless, this had caused a stir all over the country. Self-employment income is considered under Category F or Category G. “What is the difference between Category F and G for self-employed persons?”. Category F‘s gross annual income is based on the last full financial year (as stated in the most recent April 6 – April 5 personal tax year). [for UK Partner Visas in 2020]. Cash savings cannot affect part 2 of the test under Category B. These include the following sources of income: The category that your income will fall under will depend on a few specific factors such as employment status. Can you combine different sources of incomes? The spouse visa requirements have to be met on the ‘date of application’. If you want to combine Category A with Category F, then the relevant time period for the calculation of Category A changes. if rental income is combined with Category F). It cannot, however, negate the requirement that £18,600 or higher must have been received in employment income in the 12 months prior to when the online application is submitted. June: £2,300 April: £1,400 For applications that are made inside the UK, the relevant rules can be found under “Section E-LTRP: Eligibility for limited leave to remain as a partner – English language requirement” in Appendix FM of the Immigration Rules. In light of the significance of the visa for both you and your partner, it is absolutely recommended to not take the spouse visa requirements for granted. Category F (specified limited company income) cannot be combined with: This will depend entirely on the particular source of income(s) that you are including in the application. Our £195 DIY Application pack addresses this by providing not only a detailed account of the documents that you will need to submit, but also the accompanying rules as they apply to certain documentation. The financial requirement is absolutely the biggest cause of partner visa refusals. DIY Application Pack – 100% Money Back Guarantee, Spouse visa UK application form 2020 [53 things you NEED to know before submitting], Spouse Visa UK Financial Requirements 2020 Guidance, FLR M 2020 Guidance: Extension of Spouse visa, FLR(M) & Spouse Visa Extension Fees & Costs in 2020, IDV UVKCAS App [What is it, Can I Use It & How Should I Use It? May: £1,500 This can be a state pension (either from the UK or from abroad), an occupational pension or a private pension. Susie has been self-employed as a sole trader in the UK also for 3 years (Category F). Since the partner visas share many of the same Immigration Rules as they apply to the financial requirement, you should read this guide if you are applying for one of the following visas: This article covers 5 things that you NEED to know. For those who are self-employed (as a sole trader, as a partnership or as a franchise), you should: #1 First make sure that your accounts for the most recent financial year have been done. This can result in you getting deported, or even banned from the UK. June 2018: £1,000 Roger’s wife, Jessica, is employed by her mother’s UK limited company. Again, this is fine because of Section 3C. Unfortunately, far too many partners do not invest the time required to submit their own spouse visa application. Salary received on March 1st: £1500 (gross) We are a fully regulated OISC immigration law firm and we provide a range of services. 17 Common UK Marriage Visa mistakes in 2020, 4 Things you NEED to know about Spouse Visa UK Solicitors & Lawyers. The general rule is that the spouse visa requirements must be met at the “by date of application”. iii) any remaining shares are held (directly or indirectly) by fewer than five other persons. Migrate is an OISC regulated immigration law firm that specialises in helping partners with their UK visa applications. Because your gross annual income from self-employment will be the gross taxable profits from your share of the business during the ‘last full financial year’. In order to combine their income, Jacob can only count the employment income received in Susie’s most recent full financial year, which as a self-employed person, is the most recent April 6 – April 5 period. Unlike the self-assessment period for self-employed persons, the company’s tax period varies. and E-LTRP.3.4. However, this general rule can vary, depending on the other income sources that are being included in the application (e.g. exception explained above does not apply to applications submitted outside of the UK. We discuss this in detail in our Partner & Spouse visa Coronavirus (COVID-19) update article. As long as you submit a valid FLR (M) application and the date of application falls before the expiration of your current visa, you will be legally allowed to stay in the UK under the same conditions as your most recently issued visa until the date your FLR (M) application is decided or withdrawn. If the UK property is also owned by a third party (e.g. A sufficient level of English-speaking ability - For initial applications, the requirement for a Spouse visa is a lower standard of English than that of a Spouse Visa extension and Indefinite Leave to Remain. £10,000 divided by the 4 (the number of months she has been employed) = £2,500. Detailed information about including cash savings towards the financial requirement can be found in our article “Cash Savings Guidance for 16000 – 62500+ Spouse & UK Partner visas in 2020”. #2 For applications that are being made inside the UK (such as FLR M visa), the applicant’s employment income can be included if the applicant is lawfully in the UK with permission to work (e.g. Meeting the Spouse Visa Financial Requirement Even despite the additions to the policy allowing flexibility for the financial requirement, there will still be individuals who are unable to meet the requirements. This means that, unless falling under certain exempt categories, applicants must meet the minimum income requirements to gain spouse visa approval. and E-LTRP.3.4. Applying from inside the UK has certain benefits: However, not every applicant is entitled to submit an FLR (M) application from inside the UK. A maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research. Since the feedback from our customers has been so overwhelmingly positive, we are so confident that our application pack will help you successfully process your own spouse visa that we offer a 100% money back guarantee. In other cases (although it shouldn’t, in accordance with the law), this will lead to an application being refused. The Spouse Visa extension is designed for non-EEA residents who have been living in the UK under a Spouse Visa. They can apply to the EU Settlement Scheme in their own right when they're in the UK. exception applies. The spouse visa UK financial requirement in 2020 is something that many partners underestimate as: For a more detailed account of the financial requirement, please read our financial requirement article here. Peter is employed by a limited company that is owned by a family member (his dad). It is important to note that this standard is quite high and difficult to meet. A higher amount is required when visas are sought for non‑EEA national children. Tom wants to submit a UK spouse visa application on 1st February 2020. Total: £10,200. Is a Housing Report or Property Inspection report required for a UK spouse visa or partner visa in 2020? This will be as is stated on the latest payslip. Category F (self-employed income) cannot be combined with: Combining income from a specified limited company under Category F or Category G. Category F (specified limited company income) can be combined with: The other sources of income, just like the specified limited company income, must still be a source of income when you submit the online application. Instead of being based on the 6 months before the submission of the online application, the relevant time period will be as specified in Category F. Jacob has been employed by his current employer for 3 years, which is a non-specified limited company (Category A). The lowest salaried payment received (£1,500) multiplied by 12 (since the salary is received monthly = £18,000 gross annual income. Combining salaried or non-salaried employment from 6 months’ employment under Category A. Jack wants to combine employment income from two different employers. We will now discuss the next spouse visa UK requirement in 2020 – the Immigration status requirement. If your income relates to a limited company, it is also very relevant whether shares of this company are held by you, your partner or by family members of either you or your partner. There are very specific formulas that will determine the amount of income that you can include in order to meet the financial requirement. It is important to note that whilst some combinations of income can be combined (e.g. For married partners, the relationship requirement is easier to demonstrate as the focus is primarily on evidencing that the relationship is genuine and subsisting. 3) Only include Sarah’s income if her income meets the financial requirement alone. We will now discuss the second spouse visa UK requirement in 2020 – the suitability requirement. February 2019: £2,000 “Is it OK if I just submit the financial documents that are listed on the online application website?”. Financial requirement of the UK Spouse Visa A minimum income threshold of £18,600 is required to sponsor the settlement of the spouse, partner, fiancé or proposed civil partner. This requirement assesses whether there is anything in your character, your conduct, your immigration or criminal records that makes it unsuitable for you to be granted a UK spouse visa. For applicants who are already inside the UK, it is, you were granted a visa in any other category for. #3 Forward the above to your accountant and ask them what the figure is. . Whilst he passes part 1 of the test, he does not pass part 2. ii) The property must not be your main residence and must not be the residence that you intend to live in once the visa is granted. exception applies. #5 You have previously made false representations or failed to disclose material facts for the purpose of obtaining a document that indicates that you have a right to reside in the United Kingdom. The Spouse Visa extension, like the Spouse Visa, lasts for 30 months. Children under 11 years of age will not normally be tested, however. A British national in receipt of PIP may sponsor their non-EEA partner’s application for a spouse visa. To get permission to stay in the UK on a spouse visa, you must provide documents to prove that you can meet the financial requirements. First of all, children who are either British, are European nationals or have Indefinite Leave to Remain in the UK will not affect the £18,600 financial requirement. Category F (Self-employed income as a sole trader, in a partnership or franchise). For full legal representation, we charge £1,850. Note: for overseas sponsors who are employed abroad and are returning to the UK with the applicant, they must also have a job offer that exceeds the financial requirement that applies to them. The general rule is that you can include the gross annual income from the pension that is being received when you pay the Home Office fees on the online application. You should therefore make sure that you completely understand each of the above steps, as mis-understanding one aspect of the financial requirement can result in severe consequences for your application – as unfortunate as that is! Asma (the ‘applicant’) is applying for a spouse visa outside the UK. ii) sentenced to imprisonment for less than 4 years but at least 12 months; #3 Your offending has caused serious harm or you are deemed to be a ‘persistent offender who shows a particular disregard for the law’; #4 It is undesirable to grant you a visa because of your previous conduct; #5 You were asked to attend an interview but failed to do so; #6 You were asked to provide information (including medical related information & physical data) but failed to do so; #7 You were asked to undergo a medical examination but failed to do so. The following are other sources of income that can be included under Category C as “non-employment income: Categories A-G do not apply to those who receive one of the following permitted benefits: This is because the ‘adequate maintenance test‘ will apply instead. For the purposes of the spouse visa application, the certificate that will be issued to you will be valid for 6 months. Salaried employment are typically jobs that have a contracted minimum number of working hours and are paid a minimum rate that is fixed (usually annually). What income can you COMBINE to meet the financial requirement? (iii) Applicants who have exceptional circumstances which prevent them from being able to meet the requirement prior to entry to the UK. Note: The minimum income requirements are the same for couples who both live outside of the United States, so these couples … If Jack wants to include income from both employers, both must be calculated in accordance with Category B. exception earlier in this article here. Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; Mobility Supplement or War Disablement Pension under the War Pensions Scheme; and, Dividend income or other income from investments, stocks and shares, bonds or trust funds (, Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, Multiply the amount as stated in the payslip by, Income from being a director or employee of a ‘, Income from being a director or employee of a ‘specified limited company’ under, Non-employment income sources (e.g. If there are dependants who are also applying with the main applicant, the amount will increase. #7 Depending on your relationship to the person you are seeking to join, or remain with in the UK, you must also prove that: #8 Any previous relationships of both the applicant and UK partner have broken down permanently. Non-salaried employment are typically jobs that pay according to the amount of work undertaken. This is the income that you can include towards the financial requirement under Category G. Category G (Self-employed income as a sole trader, in a partnership or franchise). Is a Housing Report or Property Inspection report required for a UK spouse visa or partner visa in 2020? If you or your UK partner have cash savings of more than £62,500, then this can meet the financial requirement alone, depending on whether the £18,600 requirement (or higher) applies to you. Employment income under Category B can be combined with cash savings under Category D. However, as we discussed above, there are two tests that must be met in order to satisfy the financial requirement under Category B. The Spouse Visa UK requirements in 2018 include a strict financial threshold, accommodation expectations and passing the genuine relationship test.
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