Financial Requirements for UK Partner Visas

January 9

Understanding the Financial Requirements for UK Partner Visas

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OTB Legal

Introduction to Financial Requirements for UK Partner Visas

Navigating the UK partner visa application process can be challenging, particularly when it comes to meeting the financial requirements. In this blog, we will summarise the essential information you need to understand the financial prerequisites for such visas. Whether you're applying as a partner with no children or if have dependent children, OTB Legal have got you covered. This article provides a summary of some of the key ways of meeting the financial requirement for UK partner visas, but is not a substitute for receiving tailored legal advice based on your personal circumstances. For more detailed advice, please arrange a free consultation with one of our immigration experts.

Minimum Income Threshold

The minimum income requirement is a crucial factor for UK partner visa applications. For a partner with no children, the threshold is £18,600, a figure that hasn't changed since 2012. However, if you're including dependent children in your application, the threshold increases based on the number of children.

- 1 child in addition to the partner: £22,400

- 2 children in addition to the partner: £24,800

- 3 children in addition to the partner: £27,200

Please note that children who are British, have indefinite leave to remain or have limited leave to remain under the EU Settlement Scheme will not affect the level of the financial requirement that needs to be met.

Categories of Income

Income can come from various sources, each falling into specific categories:

- Categories A and B: Salaried and non-salaried employment.

- Category C: Non-employment, including property rental income and investment income.

- Category D: Cash savings.

- Category E: Pension income.

- Categories F and G: Self-employment income or income from directorship/employment of a limited company.

Employment Income 

Relying on employment income is a common way of meeting the financial requirement. If the application is for entry clearance from abroad, then it will be the sponsor’s employment income that will be critical. Demonstrating your employed income is crucial, and it depends upon the length of employment, the salary received and whether the Sponsor is in the UK or if they are abroad with the Applicant.

- Category A: Requires at least 6 months of continuous employment with the same employer with a gross annual salary above the relevant threshold.

- Category B: Is relevant for those that have been employed with their current employer for less than 6 months, however they have earned more than the relevant threshold in the 12 months prior to the date of the application. The Sponsor can therefore rely on their current employment and previous employment held in the 12-month period, providing their gross annual salary is more than the relevant threshold.

It can also be possible in certain circumstances for a sponsor who is working abroad to rely upon that employment income if they have a job offer which will start within 3 months of the proposed date of return to the UK.

Cash Savings

Cash savings can be used to meet the financial requirement for UK partner visas, but they must meet specific criteria, including, but not limited to:

- Holding the cash savings in an immediately accessible bank account for a period of 6 months prior to the date of the application;

- The savings must be held in the Applicant or Sponsor’s name only, or in their joint names; and

- The savings balance must not fall below the minimum income threshold at any point during the 6-month period.

The relevant threshold will vary depending upon the number of Applicants. For instance, where there is only one adult Applicant, the cash savings requirement would be £62,500.00 (or the equivalent of the same if held in a different currency).

Funds held in certain types of accounts cannot be relied upon (e.g. a brokerage account is unlikely to be accepted). However, you can also rely upon investments held for more than 6 months prior to the date of the application, providing these are liquidated into immediately accessible cash savings before the application is submitted.

Pensions and Non-Employment Income

Pension income can count towards meeting the requirement. Non-employment income refers to income from various sources such as property rental, dividends, UK maternity allowance, grants / bursaries and others.

Self-Employment and Directorships

If you are self-employed as a sole trader or a director/employee of a specified limited company, your income will be assessed based on the last financial year or the average of the last two financial years that have been completed. The financial year for a sole trader is usually 6th April – 5th April. The financial year for a business will vary from business to business.  

Evidence 

It is very important to provide the correct documentation when demonstrating that you are meeting the financial requirement. We can provide you with a tailored list of documents as part of our Advice stage, and an advice letter written in plain English confirming the relevant legal requirements. 

Remember that providing the correct evidence in the correct format is crucial, and the failure to provide specific documents can result in a refusal.

Exceptional Circumstances

If you cannot meet the standard income categories, the Home Office would consider if there are exceptional circumstances which would render a refusal a breach of your right to private and family life. The Home Office would assess if there are unjustifiably harsh consequences for the family, and you would need to provide evidence to support this.

Conclusion

Meeting the financial requirements for UK partner visas involves careful planning and documentation. Understanding these requirements and gathering the necessary evidence is essential for a successful application.

We appreciate the legal requirements can be complex, and we offer a free initial consultations at our firm.

Please contact us to seek professional guidance from one of our immigration experts at OTB Legal, as we would be delighted to assist you with your immigration enquiry.

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