This is because you will need an accountant’s certificate of confirmation. Combining salaried or non-salaried employment under Category B. 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. Month 2 – £4,000 (gross) It is important to note that this standard is quite high and difficult to meet. In this case, the level of cash funds that you hold will lower the minimum income threshold that applies to your application. Unfortunately, far too many partners do not invest the time required to submit their own spouse visa application. 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. Asma (the ‘applicant’) is applying for a spouse visa outside the UK. For In-Country applications, however, the accommodation requirement need not be met if paragraph EX.1. Category G (Employment and dividend income from a specified limited company). September 2018: £1,000 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. Situation 1 – Where it is unreasonable to expect a child to leave the UK. June: £2,300 Stuart intends to meet the financial requirement for a UK spouse visa based his salary from his UK limited company alone. Your ‘annualised average’ for non-salaried employment must be higher than the financial requirement that applies (normally £18,600). In the case of a child who is living in the UK, it would be unreasonable to expect the child to leave the UK. 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. ], 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? However, the effect of a Section 3C extension is that as long as you: … you are legally entitled to remain in the UK under the conditions of your existing visa while your application to remain is being decided, or until your application is withdrawn. #3 Regardless of the category applicable to your circumstances, you must demonstrate that: #4 The sponsor (also known as the ‘UK partner’) must be one of the following: Settled here basically means someone who has either: ‘Settled’ persons have no immigration restrictions on their stay in the UK and can stay here as they choose. The financial requirement is absolutely the biggest cause of partner visa refusals. Since the Home Office calculate salaried and non-salaried employment income completely differently, it is important to get this right. 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. £18,600+). However, there are three factors that can affect this. The requirements for civil partner applications and and married partner visa applications are almost identical. Failure to meet one or more of the requirements can have serious consequences including: The visa application form will highlight some of the key requirements, but not all of them. We provided an overview of this here, under the sub-heading ‘Category A (Income from a non-specified limited company). 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. A British national in receipt of PIP may sponsor their non-EEA partner’s application for a spouse visa. The relevant financial year for Jeff would therefore be 2 February 2019 – 1 February 2020. [UK Visa Financial Requirements Guide]“. 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. employment in a specified or non-specified company; self employment in a specified or non-specified company; other income such as dividends or rental income. 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. For the majority of applications where the minimum income threshold of £18,600 applies, £62,500 is the amount of cash savings that is generally required to meet the financial requirement alone, although if there are dependant children applying, this figure will be higher. 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. There are two main differences to the requirements for those who are making the application from outside the UK. Jack has been employed for longer than 6 months with one employer and fewer than 6 months with his other employer. July: £1,700 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. …any time you spend in the UK after the expiry of your visa awaiting a decision will be regarded as time spent in the UK illegally. 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 this case, the most recent full financial year will therefore be 6 April 2018- 5 April 2019. So the date of application for your FLR(M) application must be before the expiration of your current UK visa. We are a fully regulated OISC immigration law firm and we provide a range of services. If you do not pass both of these tests, then unfortunately, the financial requirement will not be met under Category B alone. Meeting the minimum income requirement - If applying without dependants, the requirement is £18,600. July 2018: £1,000 #2 If you have cash savings of £16,000 or more, you may have to earn less than £18,600. 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). December 2018: £2,000 May: £1,500 Whereas if you apply for Spousal Visa in the UK online or by post the fee will cost to you £993, and £1,583 if you apply in the UK in person with the premium service. Disability Living Allowance or Carer’s allowance). “What if my visa expires whilst I am waiting for the Home Office to make their decision?”. Their options will be to either wait, until the financial requirements can be met or to rely on paragraphs EX.1 or Gen 3.1. Category A/B). A maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research. Roger’s wife, Jessica, is employed by her mother’s UK limited company. 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). If the result is not clear, you may also be asked to give a sputum sample (phlegm coughed up from your lungs). In order to submit a valid application, you must do the following: In the majority of cases, not submitting a valid application will result in your application being treated as if it was not submitted in the first place. However, in 2017 the UK spouse visa ILR success rate has slightly improved to reach a level of 94.65%. #6 Legal costs have been awarded to the Home Office for which you have not yet paid. Our step-by-step 2020 fiance visa UK application form guide can be found in our 2020 fiance visa UK article. For establishing the validity of a marriage … £18,600+) must have been received. Steve’s limited company’s company tax year is 2 February – 1 February. #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. 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. UK NARIC. if rental income is combined with Category F). 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. Do you need to earn a £18,600? Section 3C extensions are relevant for those applying to extend their current UK visa. Our step-by-step application guide for in-country applications can be found here. 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. Why is it important to know what category our income falls under? Example of salaried income under Category B. John pay slips in the past 12 months were as follows: March 2018: £1,000 Salary received on January 1st: £2000 (gross) Our step-by-step application guide for unmarried partner visa applications can be found in our 2020 unmarried partner visa UK article. [for UK Partner Visas in 2020]. Category F/G). “What if I do not meet the financial requirement when I submit the spouse visa UK application?”. For more information about the £16,000 – £62,500 spouse visa cash savings requirement in 2020, check out this article. They can apply to the EU Settlement Scheme in their own right when they're in the UK. 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. What are the Spouse Visa UK Financial Requirements in 2020? ‘Insurmountable circumstances’ here will mean you cannot continue your family life with your spouse (partner) outside of the UK. Employment income from a non-specified limited company in the UK. A comprehensive account of the adequate maintenance requirement can be found here. #1 You must first determine whether the employment is either salaried or non-salaried. 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. Salary received on February 1st: £2000 (gross) We will now discuss the next spouse visa UK requirement in 2020 – the Immigration status requirement. We will now discuss 7 sources of income that can be used to meet the financial requirement. Unfortunately, if you do not meet all of the requirements, it is likely that your application will be refused. Migrate is an OISC regulated immigration law firm that specialises in helping partners with their UK visa applications. 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. 3) Only include Sarah’s income if her income meets the financial requirement alone. £10,000 divided by the 4 (the number of months she has been employed) = £2,500. In the UK, the standard self-assessment tax return period is 6 April of one year to 5 April of the next year. We will now discuss the accommodation spouse visa UK requirement in 2020. With this being said, one sometimes challenging requirement is the evidencing that you are a UK unmarried partner visa. 17 Common UK Marriage Visa mistakes in 2020, 4 Things you NEED to know about Spouse Visa UK Solicitors & Lawyers. Salary received on June 1st: £2000 (gross). When combining Category B with cash savings under Category D, cash savings can only affect part 1 of the test. Note: The majority of this article relates to the majority of applications that do not receive a permitted benefit (e.g. In other cases (although it shouldn’t, in accordance with the law), this will lead to an application being refused. In such cases, the applicant and sponsor will be exempt from meeting the minimum financial requirement of £18,6000 p.a. This is because the limited company may be a specified limited company (as discussed here). The majority of applications will need to evidence a gross annual income of £18,600. In UK immigration law, self-employment income includes only those who are self-employed as a sole trader, as a partner and or in a franchise. What are the Spouse Visa UK Financial Requirements in 2020? If either of the two exceptions applies, you will be eligible to apply for Indefinite Leave to Remain (ILR) in the UK after a period of 10 years rather the standard 5 year qualifying period. Stuart will therefore have to include his income under Category F or Category G. Specified limited company example #2 (i.e. We will now discuss the second spouse visa UK requirement in 2020 – the suitability requirement. “And what about the 5 year qualifying period here?”. Salary received on May 1st: £2000 (gross) The following are the spouse visa UK requirements in 2020: Let us now explore these requirements in more detail. An Essential Part of a Successful Spouse or Partner Visa UK Application. Obviously, the spouse visa application is incredibly important for you and your partner and it would be incredibly risky if you did not take the time to read Appendix FM-SE and Appendix FM 1.7 in detail. Your email address will not be published. exception applies. A list of prohibited relationships can be found here at #5. Perhaps, during the period, the spouse visa ILR success rate has oscillated within a narrow band during the period. If you receive one of the above benefits, then you will need to meet the ‘adequate maintenance test’ instead. If your employment income is not from a specified limited company, the relevant categories are Category A and Category B. Steve wants to include income under Category F from his specified limited company. #1 Spouse (partner) visa applicants will be required to pass level A2 of the English test if they are extending their previously issued partner visa and are applying for a FLR(M) visa on the basis of their relationship. With this being said, it is of course important to remember that the date of application is before your current visa expiry date. Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme. “Is it OK if I just submit the financial documents that are listed on the online application website?”. 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. What is a spouse visa? Non-specified limited company example #2 (i.e. [STEP-BY-STEP]. You must total all of the gross employment and gross dividend income received in the last two full financial years (as stated by the two most recent specified limited company’s CT600 documents). What income can you count to meet the financial requirement? If you want to combine Category A with Category F, then the relevant time period for the calculation of Category A changes. Sandy is employed by a company where the shares of this company are solely held by her boss, who is not Sandy’s relative. Tom wants to submit a UK spouse visa application on 1st February 2020. 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? More income about specified limited company income can be found here. Your email address will not be published. This ‘CT600’ document is otherwise known as a company tax return that has to be filed in accordance with UK tax law. 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. #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. 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. (iii) Fiancé(e)/proposed civil partner visa applications. iii) any remaining shares are held (directly or indirectly) by fewer than five other persons. #4 Your overall conduct or character makes it appear that you should not be granted a spouse visa. Determining what category your income falls under is an important step that should not be overlooked, as not getting the right category right will likely result in a refusal of your application. Category B (Employment income from a non-specified limited company). What is the financial requirement for a Partner Visa Spouse/Partner Visas (Entry Clearance Applications), The Complete Supporting Documents Submissions Guide for UK Partner Visas. Want some more clarification about the different categories? If you want to reunite with your spouse on a UK spouse visa then you will need to meet the English language test requirement. Specified limited company example #1 (i.e. Therefore, including cash savings towards the financial requirement can reduce the required gross annual income that is required when the application is submitted. S-EC.2.1 of Appendix FM of the Immigration Rules states that your application may be refused if any of the following apply: #1 False documentation, representation or information have been submitted as part of your spouse visa application (whether you knew that this was the case or not); #2 You have failed to provide important information during the spouse visa UK process; #3 You were asked or were required to provide a maintenance and accommodation undertaken but failed to do so; #4 You were convicted of an offence in the 12-month period prior to the date of decision due to a non-custodial sentence or other out-of-court disposal that has been recorded on your criminal record, resulting in a grant of the spouse visa being conducive to the public good; #5 Your past actions have caused serious harm or have shown you to be a ‘persistent offender who shows a particular disregard of the law’; #6 Litigation costs have been awarded to the Home Office and you have failed to pay them; #7 The Home Office have been told that you owe the National Health Service (NHS) more than £500. There are very specific formulas that will determine the amount of income that you can include in order to meet the financial requirement. #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. Section 3C extensions of the Immigration Act 1971 are only relevant to those who are applying from inside the UK. #1 The first thing that you need to find out is whether your employment income is from a ‘specified limited company’ or not. Month 3 – £2,000 (gross) April 2018: £1,000 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. The last spouse visa application I sent on behalf of a client — late … Many partners unfortunately do not realise that their employing company is a specified limited company (as discussed above), which results in refused applications. It is written in relatively understandable English and it is absolutely worth reading before you submit your application. Example of non-salaried income under Category B. 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. 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. #2 You did not mention relevant and important information in your FLR(M) visa application. On 1st November 2019, he will start to receive his very generous pension, which provides a gross annual income of £40,000. a family member that is not you or your partner) you can only include income that is received from your share in the property. A common worry of in-country applicants is that their visa will expire if the Home Office take too long to decide an application. #1 If the employed partner has been employed with the current employer for longer than 6 months at the time the UK spouse visa Home Office fee is paid, then you should first consider if the financial requirement is met under Category A. 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). One of the trickiest parts of applying for a UK visa as a spouse or partner are the financial requirements. Note: The minimum income requirements are the same for couples who both live outside of the United States, so these couples … ], 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? Expedition is worth every penny. Steve wants to submit his application on 1st July 2020. #3 You were asked to submit a maintenance and accommodation undertaking but did not do so. This means that it generally does not matter how much pension has been received in the 6 or 12 months before the Home Office fees are paid. The spouse (partner) visa financial requirements for applications that are made from inside the UK and from outside the UK are very similar and can be found in Appendix FM of the Immigration Rules.