#2 If the employed partner has been employed with the current employer for fewer than 6 months at the time the UK spouse visa Home Office fee is paid, then you only have the option of applying under Category B. This list is the main eligibility requirements, but every petition is different.USCIS and consular officers are different and some countries may have additional requirements. What are the Spouse Visa UK Financial Requirements in 2020? Month 3 – £2,000 (gross) For more information about the adequate maintenance requirement, check out our adequate maintenance guidance for 2020 article. These can include: Income evidence from employment or self-employment, such as payslips or tax returns; Non-employment income, such as from property rentals, investments, and stocks or shares This service also includes general email support, too. Applying from inside the UK has certain benefits: However, not every applicant is entitled to submit an FLR (M) application from inside the UK. If the application is being made from inside the UK, the financial requirement will not need to be met if a paragraph EX.1. Month 1 – £2,000 (gross) Combining salaried or non-salaried employment from 6 months’ employment under  Category A. Jack wants to combine employment income from two different employers. If you apply for a UK spouse visa from outside the UK to join your partner you will have to pay a fee of £1,464. You must ask your accountant what your mean average gross taxable profits from your share of the business during the most recent two full financial years are. Our article “Category A or B, F or G? 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UK under the same conditions as your most recently issued visa until the date your FLR (M) application is decided or withdrawn. In summary, suitability requirements are those that measure your application against the public interest so if it is deemed that your current or past behaviour, or associations, pose a threat or danger to the public, your application will not be granted. 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. Therefore, getting the category wrong will unfortunately result in refusal! Combining rental income (& other non-employment income sources), Combining income from self-employment under Category F or Category G. Category F (self-employed income) can be combined with: If you combine Category F with other categories, the other sources of income must fall within the most recent full financial year, which in the UK is April 6 – April 5. #1 If you were granted a visa as a fiancé(e)/proposed civil partner and your marriage or civil partnership ceremony did not take place during the validity of your original visa, you must provide: #2 You cannot apply to remain in the UK (using a FLR(M) visa) with a fiancé(e)/proposed civil partner unless you were originally granted a visa in that category to the same UK partner. • in the UK with refugee leave or humanitarian protection Since 1 December 2013, the Immigration Rules in Appendix Armed Forces have also contained a financial requirement to be met by a person applying for entry clearance to, leave to remain in or indefinite leave to remain in the UK as the partner Unmarried partners (Partners who have been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application). If either the applicant or UK partner have cash savings of over £16,000, this could be used to either reduce the minimum income threshold amount (usually £18,600), or to satisfy it completely. It is important to note that this general rule can vary, depending on the other income sources that are being included in the application (e.g. Roger’s wife, Jessica, is employed by her mother’s UK limited company. The documents listed on the online application website also do not identify the relevant rules that apply to certain documents – which must be complied with. Asma (the ‘applicant’) is applying for a spouse visa outside the UK. Your relationship falls into one of the definitions above; Holds the immigration status of having either. First and foremost, we need to again clarify that the ‘date of application’ is the date that you submit your completed application form and pay for the FLR(M) fees in 2020 on the FLR(M) application form. In order for you to ensure that your gross annual salary, based on this payslip, is higher than the required amount, you can: The last salary that he received before he submitted the application was £2,000 (gross). Want the latest COVID-19 updates as they relate to UK partner visas? Tom wants to submit a UK spouse visa application on 1st February 2020. Section 3C extensions of the Immigration Act 1971 are only relevant to those who are applying from inside the UK. The ‘last full financial year’ & the relevant time period. As we discuss in detail here, if shares in the employing company are not held (either directly or indirectly) by you, your partner or by family members of you and your partner, the answer is no. As stated in Paragraph A1 of Appendix FM-SE, the spouse visa UK financial requirements in 2020 are that: Let’s now talk about these, in an easy-to-understand way. exception earlier in this article here. #2 You did not mention relevant and important information in your FLR(M) visa application. For those where the adequate maintenance test applies, there is no minimum amount of cash savings that is required. #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. 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. #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. There are two main differences to the requirements for those who are making the application from outside the UK. #6 Legal costs have been awarded to the Home Office for which you have not yet paid. a person who is ordinarily resident in the UK and has no immigration restrictions on how long they can stay in the UK. You must take your child to an approved clinic and complete a health questionnaire. How is the gross annual income calculated under each of the Categories? Inadequate valid evidence of marriage or civil partnership. Is a Housing Report or Property Inspection report required for a UK spouse visa or partner visa in 2020? October 2018: £1,000 Disability Living Allowance or Carer’s allowance). (c) sentenced to a period of imprisonment of less than 12 months due to a criminal offence, unless a period of 5 years has passed since the end date of the sentence. Nonetheless, this had caused a stir all over the country. Sponsorship Undertaking (SU07 Form) Guidance in 2020, Partner & Spouse visa Coronavirus (COVID-19) update, £16,000 – £62,500 spouse visa cash savings requirement in 2020, Income that falls under ‘other sources of income’, Cash Savings Guidance for 16000 – 62500+ Spouse & UK Partner visas in 2020, What are the Fiance Visa UK Requirements in 2020? Salary received on January 1st: £2000 (gross) Specified limited company example #1 (i.e. You also must have received, in the past 12 months prior to the date of application, the level of financial requirement you are required to meet (usually £18,600). Your email address will not be published. #1 The first thing that you need to find out is whether your employment income is from a ‘specified limited company’ or not. . Spouse visa … In other cases (although it shouldn’t, in accordance with the law), this will lead to an application being refused. However, this general rule can vary, depending on the other income sources that are being included in the application (e.g. June: £2,300 For establishing the validity of a marriage … Also, maintenance payments from a former partner of the applicant’s partner in relation to that partner. A comprehensive account of the adequate maintenance requirement can be found here. Since Mohammed has been employed in the UK for fewer than 6 months, they will either need to: 1) Both count their income under Category B (employment income based on the previous 12 month’s income); or, 2) Wait until Mohammed has been employed in the UK for 6 months and then count both of their income under Category A; or. Stuart will therefore have to include his income under Category F or Category G. Specified limited company example #2 (i.e. The general rule is that the amount that you can include towards the financial requirement is the amount that you received in the 12 months prior to the date of application. You and your partner must have a combined income of at least £18,600 a year if: you’re applying as a partner; you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years It is important to note that this standard is quite high and difficult to meet. If you are a non-EEA national partner, fiancé(e) or proposed civil partner of a UK resident, you will need to apply for a spouse visa to live with your future spouse or civil partner in the UK.. Therefore, including cash savings towards the financial requirement can reduce the required gross annual income that is required when the application is submitted. September 2018: £1,000 Required fields are marked *. If you wish to know what the requirements are, you can find them in Appendix FM of the Immigration Rules (a long and somewhat agonizing process but in light of the significance of the visa for both you and your partner – this is absolutely recommended). It’s worth also pointing out that the following individuals will not need to be tested and will therefore not have to provide a Tuberculosis certificate: All children must see a doctor who will decide if they need a chest X-ray. A maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research. Pension income received by either the applicant and UK partner (or both) can be included, provided the correct documents are submitted. #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. Hopefully you find this article helpful with what is certainly the most time-consuming aspect of UK spouse visas. There is no requirement to continually satisfy all of the requirements for the duration of the visa. No. lawfully in the UK with permission to work, #3 The UK partner’s employment income can be from working both. Self-employment income is defined by the Immigration Rules as those who are self-employed as a sole trader, in partnership or as a franchise. Section 3C extensions are relevant for those applying to extend their current UK visa. The paragraph EX.1. #1 First of all, in order to apply for a UK spouse visa, both you and your partner must be aged 18 years or over. This is an important spouse visa UK requirement because if your application is not valid, the Home Office will consider that you did not submit a spouse visa UK application at all. Month 2 – £4,000 (gross) Roger has been employed by his current employer for 2 years, which is a non-specified limited company (Category A). Test 2 – In the 12 months prior to the submission of the online application, more than the financial requirement  that applies (e.g. of Appendix FM applies (which will result in having to meet a 10 year qualifying period before applying for Indefinite Leave to Remain rather than the standard 5 year qualifying period). The definition of a specified limited company is found in paragraph 9(a) of Appendix FM-SE as one in which: i) the person is either a director or employee of the company, or both, or of another company within the same group; and, ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and. However, there are three factors that can affect this. Example of non-salaried income under Category B. April 2018: £1,000 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. of Appendix FM. The reason for this is to avoid submitting another (unnecessary) FLR (M) application in the future in order to reach the 5-year qualifying period. 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. Our step-by-step 2020 fiance visa UK application form guide can be found in our 2020 fiance visa UK article. 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. December 2018: £2,000 Many applicants fail on their UK Spouse /Partner applications because of not knowing the principles to meet the MIR (Minimum Income Requirements). “If I am applying from inside the UK, when shall I submit the application?”. “What if I do not meet the financial requirement when I submit the spouse visa UK application?”. Unfortunately, once in the UK, your wife would not be entitled to claim State funds. Her husband, Mohammed, has been employed in the UK for fewer than 6 months. If your partner is a citizen of the EU, EEA or Switzerland If your partner arrives in the UK by 31 December 2020, they will not need a visa to enter the UK. A common worry of in-country applicants is that their visa will expire if the Home Office take too long to decide an application. If you do not pass both of these tests, then unfortunately, the financial requirement will not be met under Category B alone. Property rental income can be included towards the financial requirement. As such, it is extremely important to understand the steps above and ensure that the application you submit is valid. Salary received on March 1st: £1500 (gross) #2 Note that the gross annual income from self-employment should NOT include any deductible allowances, expenses or liabilities that may be applied to the gross taxable profits to establish your final tax liability. What financial documents do you need to submit for your UK spouse visa? We discussed the paragraph EX.1. Appendix FM of the Immigration Rules contains minimum financial requirements to be met in entry clearance or leave to remain applications. The Spouse Visa extension is designed for non-EEA residents who have been living in the UK under a Spouse Visa. Salary received on June 1st: £2000 (gross). 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). property rental income, maintenance payments, click here to see the full list) under. 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! 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. 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. Ongoing payments from a structured legal settlement. [UK Visa Financial Requirements Guide]“. So the date of application for your FLR(M) application must be before the expiration of your current UK visa. For full legal representation, we charge £1,850. In order to calculate the ‘annualised average’ for non-salaried employment, the following steps must be followed: The figure that you reach after following these three steps will be the ‘annualised average‘. 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. March: £1,700 Anne’s gross annual income from non-salaried employment is therefore £20,400. Category G (Employment and dividend income from a specified limited company). In this article, we provide a step-by-step account of how you can calculate whether you meet the spouse visa UK financial requirement in 2020. Want the latest COVID-19 updates as they relate to UK partner visas? The last spouse visa application I sent on behalf of a client — late … #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. The following are generally exempt from the English language requirement: (ii) Applicants who have a disability (physical or mental condition) which prevents them from meeting the English language requirement; or. If the result is not clear, you may also be asked to give a sputum sample (phlegm coughed up from your lungs). 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. It is important to know exactly what category you are applying under as this will completely affect the calculation of the income as well as the documents that you will need to submit. If you are currently in the UK on a fiancé(e) visa or on another type of visa (i.e. Your email address will not be published. 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. #3 If you receive a ‘permitted benefit’, then you will not need to earn £18,600 as a different test will apply. A note to those applying for a spouse visa from inside the UK. 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. Category A and Category B). We discuss this in detail in our Partner & Spouse visa Coronavirus (COVID-19) update article. This is because the documents listed on the online application website are not exhaustive (meaning that they do not always list the documents that must be submitted. Non-specified limited company example #1 (i.e. Which Settlement or UK Partner Visa Is Best For Me? 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’. For married partners, the relationship requirement is easier to demonstrate as the focus is primarily on evidencing that the relationship is genuine and subsisting. Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme. Dividend income can be included towards the financial requirement. With this being said, it is of course important to remember that the date of application is before your current visa expiry date. Here, when calculating the amount of rental income that you can include towards the financial requirement, you should ignore any management fees that are paid (e.g. Category F/G). Therefore, from the 1st November 2019, he will be able to use this pension to meet the financial requirement. Required fields are marked *. When calculating this, let your accountant know not to include any deductible allowances, expenses or liabilities that may be applied to the gross taxable profits to establish your final tax liability. We will now discuss the next spouse visa UK requirement in 2020 – the Immigration status requirement. The amount of pension income that Jacob can use towards the financial requirement will therefore be £40,000. This means that, unless falling under certain exempt categories, applicants must meet the minimum income requirements to gain spouse visa approval. 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. On the other hand, we offer a unique DIY Application Pack service where we will provide you with a tailored set of: As part of this service, we also offer general email support. There is also a higher threshold for any children also sponsored: £22,400 for one child and … Expedition is worth every penny. After 31 December, your partner can only come to the UK to apply to the EU Settlement Scheme if both: In this guide, we are going to discuss the spouse visa UK financial requirements in 2020. 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. 17 Common UK Marriage Visa mistakes in 2020, 4 Things you NEED to know about Spouse Visa UK Solicitors & Lawyers. One of the trickiest parts of applying for a UK visa as a spouse or partner are the financial requirements. It is written in relatively understandable English and it is absolutely worth reading before you submit your application. The relevant financial year for Jeff would therefore be 2 February 2019 – 1 February 2020. Edward must therefore include his employment income under Category F or G because he is employed by a ‘specified limited company‘ AND ‘the remaining shares are held by fewer than five other persons’. 3) Only include Sarah’s income if her income meets the financial requirement alone. ], UKVCAS / Sopra Steria Guidance [STEP-BY-STEP GUIDE FOR 2020], Fiance visa UK application form 2020 [29 things you NEED to know before submitting], Fiance Visa UK Financial Requirements in 2020, Visitor Visa UK Application Form 2020 [45 things you NEED to know before submitting], Required documents for a UK Visitor Visa (Document Checklist), Sample Letter for UK Tourist Visa Application (Cover Letter Template), Long Term Visitor Visa 2019 and 2020 Guidance, List of Home Office Approved Secure English language tests (SELT) in 2020, UK Innovator Visa Requirements for 2019 and 2020, UK Start Up Visa Requirements for 2019 and 2020, Adequate Maintenance Guidance for UK visas [2020 REQUIREMENTS], Cash Savings Guidance 62500 Spouse Visas in 2020, Category A or B, F or G? As he is in the UK lawfully with permission to work, he can include his employment income towards the financial requirement. S-LTR.1.1 of Appendix FM of the Immigration Rules specifies that your application to remain in the UK will be refused if it is not in the public interest for these reasons: #1 You have been issued a deportation order which is still in force; #2 You have been convicted of an offence for which you have been: i) sentenced to imprisonment for at least 4 years; or. Non-salaried employment are typically jobs that pay according to the amount of work undertaken. Sponsorship Undertaking (SU07 Form) Guidance in 2020, Partner & Spouse visa Coronavirus (COVID-19) update, S-EC.1.1 of Appendix FM of the Immigration Rules, S-EC.2.1 of Appendix FM of the Immigration Rules, S-LTR.1.1 of Appendix FM of the Immigration Rules, spouse visa UK financial requirement in 2020, Cash Savings Guidance for 16000 – 62500+ Spouse & UK Partner visas in 2020, Adequate Maintenance Guidance for UK visas [2020 requirements], E-ECP.3.4. a family member that is not you or your partner) you can only include income that is received from your share in the property. After that time they can then apply to stay for a further 2 and a half years if they continue to meet the requirements. Susie has been self-employed as a sole trader in the UK also for 3 years (Category F). [for UK Partner Visas in 2020]. If your accountant is not a member of a UK recognised supervisory body or a member of the Institute of Financial Accountants, the Home Office can refuse your application based on this reason alone. Sandy is employed by a company where the shares of this company are solely held by her boss, who is not Sandy’s relative. If you are currently in the UK on a spouse (partner) visa and wish to submit an FLR (M) application for further leave to remain, the date of application should not be more than 28 days before your current spouse (partner) visa expires. Category A/B). #4 There are practical or legal reasons which result in you not being able to be removed from the UK. July 2018: £1,000 #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. [for UK Partner Visas in 2020]. Category A (Employment income from a non-specified limited company). It states that you must provide evidence to show that there will be adequate accommodation for all persons living in the same household – even if not included in the application – without recourse to public funds. Again, this is fine because of Section 3C. She has to work 9-5 Monday to Friday and gets paid every 1st of the month. 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. £18,600+). Category G‘s gross annual income is based  on the average of the last two full financial years (as stated in the two most recent April 5 – April 4 personal tax years). With a spouse or partner visa you can work in the UK without restrictions. “Does my appointment at the visa centre have to be before my visa expires?”. Non-specified limited company example #2 (i.e. We will now discuss the accommodation spouse visa UK requirement in 2020. 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