Once again, our solicitors have received wonderful news of a successful Entry Clearance Spouse Visa application. Our Client (‘The Applicant’) had previously applied for a Fiancée Visa application without any legal assistance but was refused on the basis she did not meet the requirements under the Immigration Rules. After speaking to our team of solicitors and barristers, the Applicant instructed us to prepare her application.  Our team solicitors and barristers have a great deal of knowledge and experience dealing with a wide range ok UK Visas and Immigration application and in particular Entry Clearance Spouse Visa applications.
The Case for an Entry Clearance Spouse Visa Application
The Applicant was an American national who met the Sponsor in the UK. After their introduction to one another, the couple spent memorable time together and started dating shortly after. Over the course of their relationship the Applicant and Sponsor maintained their relationship through regular communication and often traveled together. Â A couple of months later, the Sponsor decided to propose to the Applicant and a year later had a memorable wedding ceremony.
Our solicitors identified that this was a complex case due the complexities regarding the Sponsor’s financial documents. In addition to this, the Applicant had already been refused an Entry Clearance Fiancée Visa on the basis she did not meet the requirements under the Immigration Rules. However, the Applicant instructed our immigration team and was informed about the issues relating to her case and was provided with bespoke legal advice ensuring her application had the best chance of success. With our assistance of our solicitors and barristers the Applicant submitted her application and was granted an Entry Clearance Spouse visa shortly after.
Meeting the Financial Requirement for an Entry Clearance Spouse Visa
The Home Office imposes a Minimum Financial Requirement of £18,600 and the most common way to meet this is through salaried employment. However if this is not met, there are other sources of income an individual may use. An Applicant can also combine different sources of income, but it is crucial to note that you fully understand the process of this.
Please see below some of the different types of sources of income you can rely on:
- Employment: Applicants can rely upon the Sponsors income from salaried employment or non-salaried employment.
- Self-employment: Applicants can rely on the Sponsors income from self-employment as a director of a specified limited company in the UK.
- Cash savings: If the Sponsor held cash savings for a period of more than 6 months
- Pension: Applicants can rely on their Sponsors annual income from state or private pensions.
Appendix FM-SE to the immigration rules sets out all the necessary information you will need to provide if you wish to rely on different categories of income. The evidence varies depending on which category an Applicant wishes to rely upon.
Updated policy guidance on meeting financial requirement
On 10 August 2017 the Home Office introduced changes to their Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement Policy Guidance. Â The new Policy Guidance introduces a new Unjustifiably Harsh Consequences Test for Entry Clearance Spouse Visa and Family Member Visa applications. The test takes into account any interest of children and alternative sources of income in meeting the Financial Requirement. However if the Home Office accepts that the refusal could lead to Unjustifiably Harsh Consequences, Applicants will be allowed to rely on other alternative sources, this includes:
- Credible guarantee of sustainable financial support to the applicant or their partner from a third party;
- Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or
- Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for.
It is important to note that the applicant will need to satisfy the Home Office the genuineness, credibility and reliability of the source of income, financial support or funds replied upon, on the basis of information and evidence they provide, having regard to certain factors.
New Home Office Policy Guidance on meeting UK Spouse Visa eligibility requirements
As of 10 August 2017, the much-awaited change to the UK Home Office Policy Guidance has now been revealed. We previously wrote about the impact of MM Majid Javed v SSHD and the impending change to the Home Office Policy Guidance on meeting the Minimum Income Requirement under Appendix FM Immigration Rules for Spouse Visa and other Family Member visa applications.
The new Home Office Policy Guidance essentially introduces a new Unjustifiably Harsh Consequences Test by considering any interests of children and alternative sources of income in meeting the Minimum Income Requirement. The new Unjustifiably Harsh Consequences Test applies in Spouse Visa and Family Member Visa applications, where applicants do not meet the Minimum Income Requirement under Appendix FM Immigration Rules. However, if the Home Office accepts that the refusal could lead to unjustifiably harsh consequences; applicants will be permitted to rely on other alternative sources of income, financial support or other funds to make up the deficit in meeting the Minimum Income Requirement. Â
The Home Office has inserted a new paragraph 21A under Appendix FM-SE Immigration Rules, which sets out where the Minimum Income Requirement is not met, a decision maker must take into account the sources of income, financial support or funds by way of:
- A credible guarantee of sustainable financial support to the applicant or their partner from a third party;
- Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or
- Any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of the application or which will become available to them during the period of limited leave applied for.
The full Home Office Policy Guidance can be accessed here in two parts: Appendix FM Section 1.0a Family Life as a Partner or Parent – 5 year route LEXVISA Solicitors and Barristers & Family Life as a Partner or Parent and Private Life – 10 year routes guidance August 2015 LEXVISA Solicitors and Barristers
Using Legal Representation to Submit an Entry Clearance Spouse Visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an Entry Clearance Spouse Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Apply for an Entry Clearance Spouse Visa Application
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting an Entry Clearance Spouse Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Entry Clearance Spouse Visa application and are able to advise you in respect of your prospects and to ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss an Entry Clearance Spouse Visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.