Introduction to Dependent Applications to the UK:

When applying through entry clearance for a family member, either you and or your sponsor must meet the minimum income threshold under Appendix FM. Jointly if their family member & sponsor are already in the UK, or the child's mother / fathers sponsor solely meets Appendix FM within their own rights, or can demonstrate they have an exemption.

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If your family member is eligible to apply for further leave to remain (FLR-FP) from within the UK, they can rely on their mother / father joint household income as long as family members parent is eligible to work under their current leave to enter / remain or their mother / fathers sponsor can demonstrate they have an exemption.

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How to met the financial threshold through ‘adequate maintenance’ when you have an exemption 

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If the applicants mother or fathers sponsor has a long term illness or disability and receives any of the following benefits or allowances through the Department of Work & Pensions in the UK, then you may be eligible to apply under "adequate maintenance" through appendix FM.

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To meet the financial threshold you will need to provide evidence of “adequate maintenance” rather than demonstrating you meet the minimum income threshold confirmed in more detail below. Your application can be considered on “adequate maintenance” grounds by providing supporting evidence of any approved benefits.

 

• Carer’s Allowance

• Disability Living Allowance

• Severe Disablement Allowance

• Industrial Injuries Disablement Benefit

• Attendance 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

• Police Injury Pension

 

“Adequate Maintenance” threshold will continue to apply on their next visa application as long as your family member continues to receive any of those benefits or allowances indicated above at the time of their next  submission.

 

Financial Categories under Appendix FM

 

The financial thresholds for everyone else can be demonstrated through one or more of the following 5 categories. Where the mother / father of a child has been granted a UK Spouse visa, or has applied as a Spouse their child will need to provide evidence that their mother / father's sponsor has a gross income of:

 

• £18,600 plus

• £3,800 for the 1st child (who's not British passport holder / Other National with ILR, Pre-settled / Settled Status or right of abode)

• £2,400 each additional child (who doesn't hold British citizenship / Other National with ILR, Pre-settled / Settled Status or right of abode)  

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Category A: In employment with current employer for 6 months or more

 

If the child's family member has applied from outside the UK the child's family members sponsor will need to demonstrate they met Appendix FM in their own right. 

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If the child's family member is already in the UK holding leave to remain with permission to work then their child's application can be considered under joint household income which includes the child's family members sponsors joint household income.

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Joint household income is an combination of both mother / fathers and their sponsors joint employment from all income sources recognised under Appendix FM.

 

Under this category the family members mother / fathers partner can combine Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the minimum financial requirement of £18,600 per annum.

 

Category B: Less than 6 months with employer or has variable income

 

This category is used when a child mother / father and their sponsor is in the UK with permission to work. Either of them are in salaried or non-salaried employment at date of submission, and haven't been with the same employer and/or not earning the same income level relied upon in the application for at least 6 months prior to the submission date of family members application.

 

Category B can be used by anyone who has been with their current employer for less than half a year, or who has been with their current employer for more than half a year but their earnings our variable and need to be considered under category B rather than under Category A.

 

Category B, Appendix FM must be met and evidenced in 2 parts.

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Part 1:

 

First, Child's mother / father partner and/or Child's mother / father (with permission to work) must be in salaried employment at the date of submission and have been in employment with a new employer for less than half a year, you can count the gross annual salary at the date of application towards Appendix FM if your income exceeds £18,600 for this new employment period.

 

Part 2:

 

To meet part (2) Child Parent's Partner and/or Child's mother / father must have received in the 12 months prior to the application submission date combined level of income required to meet part (2) of the calculation for Category B exceeding £18,600 per annum.

 

Category C: Non-employment income

 

Non-employment income, is from property rental or dividends from shares.

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• property rental

• dividends or income from investments, stocks and shares, bonds or trust funds

• interest from savings

• maintenance payments from a former partner of the applicant.

• UK Maternity Allowance, Bereavement Allowance, Bereavement Payment

• Widowed Parent’s Allowance

• payments under the War Pensions Scheme,

• Armed Forces Compensation Scheme

• The Armed Forces Attributable Benefits Scheme

• Maintenance grant or stipend (not a loan) associated with undergraduate

study or postgraduate study or research

• ongoing insurance payments

• ongoing payments from a structured legal settlement

• ongoing royalty payments

 

Category D: Cash Savings

 

If family members sponsor and/or Child's mother / father have cash savings above £16,000, these can be used solely or in combination with salaried or non-salaried employment. Applicants who rely on cash savings to satisfy Appendix FM should bare in mind the level of cash savings required on a entry clearance & further leave to remain are different from the level needed when applying for indefinite leave to remain at a later stage.

 

Category E: Pension income

 

If the family members sponsor and/or Child's parent are retired they can use their State (UK or foreign), occupational or private pension to demonstrate they meet Appendix FM.  Pension income can be combined with categories A-D in order to meet Appendix FM thresholds.

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Category F & G: Self-employed

 

If the child parent's partner and/or child's parent are self-employed they can use Income generated through their self-employed activities, including income as a company director or employee of a specified limited company in the UK, or child's parent are in the UK with permission to work.

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Category F: Last full financial year

 

Where the Child Parent's Partner (and/or child parent's is in the UK with permission to work) is self-employed or either the director or employee (or both) of a specified limited company in the UK, at the date of application, they can use income from the last full financial years accounts to meet the financial requirements.

 

Category G: Average of last 2 full financial years

 

Where the Child Parent's Partner (and/or child parent's is in the UK with permission to work) is in self-employment, or is the director or employee (or both) of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement. A reference to the ‘average’ of the income received in the last 2 full financial years in Category G is a reference to the mean average.

 

Income under Category F or G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However cash savings cannot be combined with income under Category F or Category G.

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How our Immigration adviser can help you

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Marc Gibson our immigration adviser specialises in assisting foreign national parent(s) and their British / Irish citizen, or an Overseas national partners relocate and settle their family members in the UK.  Marc has supported hundreds of UK and other settled Nationals sponsor their husband or wives family members to prepare and submit successful EU family permit & uk family visit visa. Whether you require a consultation to understand the Immigration Rules for your forthcoming visa, or have your UK Family visit visa professionally checked by himself before submitting or use his representation service to prepare and submit your application for you, Marc can help.

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Appendix FM financial requirements are particularly complex and include mandatory requirements in terms of the documentary evidence needed to demonstrate you can meet the requirements of a UK Visa Application. Our immigration adviser specialises in assisting on Spouse, Civil partners, Unmarried partners and Family member applications with complex financial circumstances who require support completing and submitting a successful visa application. 

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Marc prides himself on being friendly, approachable and professional in meeting his clients’ needs, he is dedicated to providing clear and reliable immigration advice to his clients when providing his UK Civil Partner Visa service.