Finance and Accommodation
To apply for entry clearance or leave to remain for family visas as a spouse or a partner of a settled person in UK, you need to meet the minimum financial requirements contained in Appendix FM of the Immigration Rules.
- You have to meet:
- a minimum income
adequate accommodation for the family.
People outside the UK will apply for “leave to enter” as the spouse or partner of a British or settled person, whereas people already in the UK will be applying for “leave to remain”. The rules for leave to enter and remain are similar, and we will mainly deal with leave to enter, occasionally highlighting the different requirements applicable to leave to remain applications.
The applicable Immigration Rules are contained in rules E-ECP.3.1 to E-ECP.3.4 for leave to enter, and E-LTRP.3.1 to E-LTRP.3.4 for leave to remain, contained in Appendix FM.
You have then to look at Appendix FM-SE of the Immigration rules which deals with the required evidence to satisfy the rules.
You must have “adequate” accommodation for the family. This means that you have to prove that you can accommodate all the applicants and the family members who already live in the household.
Rule E-ECP.3.4 in Appendix FM says:
The applicant must provide evidence that there will be adequate accommodation for the family without recourse to public funds.
“Accommodation” means a flat, house or a room owned or occupied exclusively by the family, without recourse to public funds. The accommodation must not be overcrowded or breaking public health regulations
The sponsor (i.e. the British citizen or settled person) must show that they can support their partner by earning a pre-tax annual salary of £18,600 contained in section E-ECP.3.1 of Appendix FM and any dependent child.
“Child” means any person under the age of 18 years, or who was under the age of 18 when they first applied for a visa under Appendix FM, and who is not British, settled or an EEA national.
For the first child, the additional gross income must be £3,800. It is £2,400 for any additional child.
- Partner with no children – £18,600.00
- Partner and 1 child – £22,400.00
- Partner and 2 children – £24,800.00
- Partner and 3 children – £27,200.00
You can prove that you meet the financial requirements by:
- gross annual salary alone or (if below the threshold);
- savings alone;
- combination of salary and savings.
Savings must amount to £16,000 plus the shortfall between the salary earned and the amount required, multiplied by 2.5.
Only the sponsor’s salary can be counted towards the maintenance in an entry clearance application.
For further leave to remain, all legitimate income of the applicant will also be taken into account.
Sponsor in receipt of benefits
The applicant will meet the income requirements if the sponsor receive one or more of the following:
- disability living allowance
- severe disablement allowance
- industrial injury disablement benefit
- attendance allowance
- carer’s allowance
- personal independence payment
- 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 or
- Police Injury Pension
The most recent documents should be less than 28 days prior to the application.
The payslips must cover six consecutive months before the application and evidence of self-employment must cover the last financial year. Savings above the required limit must have been in the sponsor’s bank account for six consecutive months.
Contact us for more information