We are frequently instructed on UK Spouse, Fiancé and unmarried partnership visa applications to the UKVI department of the Home Office. Our LEXVISA Immigration Team currently holds an impressive 100% success rate with these applications. 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. In particular, issues may arise, where the Sponsor is unemployed or has limited employment due to their responsibility as a carer and is on carer’s allowance.
Meeting the Financial Requirement through Adequate Maintenance
It is important for Applicants to know that the financial requirement can be met through adequate maintenance. The adequate maintenance route should always be explored where Applicants have difficulty in meeting the threshold of £18,600 due to lack of employment due to disability or responsibility as a carer.
It is possible to meet the financial requirement where the Sponsor is in receipt of any of the below benefits:
- Carer’s Allowance or Disability Living Allowance or Severe Disablement Allowance;
- Industrial Injuries Disablement Benefit or Attendance Allowance;
- Personal Independence Payment or Armed Forces Independence or Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
- Constant Attendance Allowance or Mobility Supplement or War Disablement Pension under the War Pensions Scheme or Police Injury Pension.
Where the Applicants partner is in receipt of one of the above benefits or allowances it is important the correct documentary evidence is provided in support of the application. If the mandatory documents are not submitted with the application, the application is likely to be refused.
Alternative Sources for meeting the Financial Requirement
There are a number of ways Applicants can meet the financial requirement for their UK Spouse, Fiancé and unmarried partnership visa application. It is fundamental for Applicants to have knowledge of the Immigration Rules, relevant appendixes and UKVI Policy and Guidance when submitting an Immigration application as all three documents should be read together.
Generally, there are five ways to meet the financial requirement of £18,600:
- Income from Salaried or Non-Salaried employment of the Sponsor or the Applicant if he/she is in the UK with permission to work. This falls under Category A or Category B, depending on the type of employment.
- Income from non-employment, i.e. rental income from properties or dividends from shares. This falls under Category C.
- Cash savings of £62,500 which the Sponsor must have held for a minimum of 6 months. This falls under Category D but may be combined with Categories A and B;
- Income from the state (UK or Foreign), occupational or private pension of the Sponsor and/or the Applicant. This falls under Category E.
- Income from self-employment, and income employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon
Whilst it is true that the financial requirement can be met by way of combining some of the categories under Appendix FM SE of the Immigration Rules to reach the £18,600 figure. It is equally important to note that not all categories can be combined and expert advice should be taken from specialist Immigration Lawyers before submitting an application to the UKVI department of the Home Office.
Using Legal Representation to meet the Financial Requirement for your UK Immigration Visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a UK Immigration visa application in the United Kingdom.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence and failure to meet the financial requirement for their application. In order to ensure your UK Immigration visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration visa application meets the Immigration Rules.
Successfully meet the financial requirement for your UK Immigration 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 immigration status and the merit of UK Immigration visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can offer bespoke advice on complex issues in relation to meeting the financial requirement for your application. We can assist you with the preparation of your UK Immigration visa application and ensure that you meet all the requirements of the relevant rules.
We 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 UK Immigration visa application. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.