A Sunderland father has today spoken out against the UK Home Office’s complex financial requirements for spouse visas which have resulted in his wife’s visa being refused and his family being “torn apart.”
John Dennis, a British citizen, is married to Ana Maria, a Panamanian national with whom he has a four year old daughter. In April 2014, Ana Maria made an application for leave to remain in the UK which has now been refused. The couple believe that Ana Maria’s visa application was refused because John Dennis did not provide the requisite evidence to demonstrate he could maintain Ana Maria.
Visa Refusal: Insufficient Evidence of Self Employment
MailOnline reports that John Dennis is a self-employed business consultant earning £36,000 – above the minimum threshold income required (£18,600). Despite this, the Home Office were not satisfied that the couple had submitted the evidence required to demonstrate that Ana Maria met the financial requirements.
Speaking to MailOnline, John Dennis said:
“You have to earn £18,600 a year as a minimum. I’m self-employed but I do earn that, I earn about £3,000 a month and I sent bank statements and everything I could think of to prove it.
“But they refused the visa saying that I don’t meet the financial requirements. They said I didn’t send the necessary evidence but didn’t say what I had to send.
“We had 28 days to appeal it but you have to be in your home country to do that so she would have had to go straight back to Panama so we could appeal it.”
Home Office’s Complex Financial Requirements
The lawfulness of the minimum income threshold under the financial requirement was upheld by the Court of Appeal in its 11 July 2014 judgment in MM & Others  EWCA Civ 985.
Those who are 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, present and settled in the UK or in the UK with refuges leave or humanitarian protection must meet the financial requirements.
We are regularly instructed by self-employed Sponsors who earn over the £18,600 and wish for their partner to reside in the UK with them. We have ample experience in preparing such applications and ensuring that applicant’s submit their application with all the requisite documentation.
Are you affected by the ‘Financial Requirement’?
The Home Office’s rules on financial requirements affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. The rules define the basis on which a person can enter or remain in the UK on the basis of their family or private life. If you intend to make an application as the spouse, partner, fiance(e) or proposed civil partner of a British citizen, you and your sponsor will need to meet the financial requirements.
If you would like to discuss how the financial requirement may affect you, please contact us today and our London immigration solicitor’s will be able to assist you by meeting with you and reviewing your case. If you have had a spouse visa refused on the grounds that you did not meet with the financial requirements, contact us so we can review your case.