He wishes to come to the UK with his partner Leia, and has a job offer starting in four weeks, with an income of £50,000. Category C: non-employment income, for example income from property rental or dividends from shares. This is the consequence of court cases which led to a relaxation of the rules. Han may be able to satisfy the financial requirement under another category, for example if he has savings or non-employment income. Jack has been working as an administrator for two years. And also whether the applicant and partner travelled and lived together during the time spent outside the UK. In this case the sponsor does not need to be employed but needs to have a job offer starting within three months of their return, with a gross annual starting salary (or in non-salaried employment a gross annual income from that employment) equal to or above the required threshold. to S-LTR.1.6. Gross annual salary/income at the date of the application and Social MediaNewspaperFriend or ColleagueInternet SearchGoogleAny Other, During 2008-17, a total of 439,086 leave to remain, extension and switching decisions made under five broad family visa categories. to E-LTRP.2.2. UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance In this case, Jack can combine Category A (salaried employment) and Category C (non-employment income) to satisfy the minimum income requirement. Therefore she meets the first part of the requirement. The information and commentary does not, and is not intended to, amount to legal advice to any person. In relation to dividends, those can be counted under Category D only if the company from which dividends are drawn is not a family business of the type described under category F or G, which we will look at later. No commitment, no risk. When the sponsor is in non-salaried employment, they will have to calculate the annual equivalent of their average gross monthly income from non-salaried employment in the six months prior to the date of application. And also that one or both of them have not complied with the investigation of the proposed marriage or civil partnership under the marriage and civil partnership referral and investigation scheme.Non-Compliance to Investigation and Suspicion of Sham Marriage. Talk to Us Han has been working in India for four months, earning £40,000. It must be owned or occupied exclusively by the family, without recourse to public funds. bedroom no. Category D – Cash savings The threshold to satisfy, in order to benefit from this rule, is a high one. If a spouse/partner gets a visa under paragraph D-LTRP.1.1. She started her job two months ago, so must count her income in Category B rather than Category A. Directors of companies must use the company tax year, which means the period covered by the Company Tax Return CT600, and must cover 12 full months. They live at the house owned by Mary’s parents, who also reside at the same address. Moreover, paragraphs 22 to 26 of Appendix FM-SE provide the details of the specified evidence: In terms of paragraph E-LTRP.1.9. Exceptional circumstances Funds previously held in investments, stocks, shares, bonds or trust funds can count if they are liquidated before the application, and it is not necessary to liquidate those six months before the application. Accordingly, can submit the application by completing FLR (M) and fee waiver request and sending it to Home Office, Leave to Remain – FLR(M), PO Box 495, Durham, DH99 1WR. Simon has not had any other job in the past 12 months, but his actual gross income during the past 12 months is above the required level of income of £18,600 because (£6,000 +£9,000 + £4,000 + £8,000 + £7,000) = £34,000. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. Mohamed owns various properties in the UK. However, the decision maker usually considers the whole context of the application. On the day he does the conversion, it is just over £15,000, meaning that he does not have enough to meet the minimum income requirement through savings alone. Paragraph GEN 3.1 of the Immigration Rules now states that when The money must be readily accessible, so for example a pension fund would not count, as money cannot be withdrawn immediately. If the total income is below the required threshold, it is again possible to combine it with income or savings in Categories C, D and E which we will see below. passing an English language test in speaking and listening at a minimum of level A2 of the CEFR with a provider approved by the Home Office, having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed, UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC has confirmed that the degree was taught or researched in English to level A2 of the CEFR or above, The evidence of the relationship between the sponsor and the applicant, The documentary evidence to comply with the financial requirement as set out in Appendix FM. of Appendix FM, the applicant must satisfy that any previous relationship of the applicant or his/her spouse or partner has broken down permanently unless it is a marriage or civil partnership which falls within paragraph 278(i) of the rules- relating to polygamous marriage or civil partnership. This essentially means a family business. Ongoing insurance payments The income can be “topped up” using Category C, D or E. However, Jack also owns a small flat, which has been rented out for at least 12 months, producing a gross rental income of £8,000. Exemption from Financial Requirements in Spouse Visa Extension. “Cash savings” means that the money must be held in a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body in the UK or overseas. This category applies to sponsors (and applicants if legally working in the UK) who have not been in the same salaried or non-salaried employment for at least six months before the application, or to those on variable income. He has been in non-salaried employment in the UK for five months. Simon meets part 1 of the Category B requirement because (£6,000 +£9,000 + £4,000 + £8,000 + £7,000) divided by 5 months = £6,800. It is also important to remember that the savings must have been held for at least six months, must be in the name of the sponsor and/or the applicant and may come from any legal source. The gross annual income from any state pension (UK or foreign), occupational pension or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement if the pension has become a source of income at least 28 days prior to the application. it is acceptable to produce evidence of other credible and reliable sources of income, financial support or funds available to the couple. One of the main obstacles for Applicants in submitting these family-based applications under the Immigration Rules is often the failure to meet the financial requirement of £18,600 for their application. Actual salary/income received in the 12 months prior to the application. Non-EEA citizens applying for a UK family spouse visa need to understand and meet a large number of eligibility requirements in order to secure a positive decision by the Home Office, one of which relates to minimum annual income.. During 2008-17 a total of 254,226 extensions and leave to remain decisions made for a spouse, civil, unmarried or same-sex partner visa under the family route. She makes £19,000 per annum (which means £1,583 per month). The Home Office policy guidance deals with the various categories, and it is not easy reading, even for immigration lawyers who are used to the Rules’ convoluted style. Self-employed people have to use documents covering the last financial year, which runs from 6 April to 5 April of the following year in the UK but may vary in other countries. Mohamed owns various properties in the UK. Simon meets part 1 of the Category B requirement because (£6,000 +£9,000 + £4,000 + £8,000 + £7,000) divided by 5 months = £6,800. Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. and S-LTR.4.2. In extension of leave applications, the income of the applicant will also be taken into account, as long as it is not the result of illegal working. In this case, Ahmed can simply rely on savings rather than showing evidence of savings and income. Example: Han, in salaried employment outside the UK for less than six months Applications where you do not meet the Financial Requirement: ... regardless of how close you are to meeting the requirements BUT the Visa Officer does have a discretion to grant a visa where all the requirements of the rules are not met.

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