Introduction to applying for Spouse Visa to the UK:

When applying through entry clearance for a UK Spouse visa, your partner must meet the minimum income threshold under Appendix FM in their own rights or demonstrate they have a visa financial exemption.

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If you are eligible for a visa extension under spouse visa UK requirement using FLR-M, or civil partnership visa from within the UK, you can rely on joint household income if you are eligible to work under your current LTR / FLR or demonstrate your partner has an exemption.

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How to met Appendix FM through ‘adequate maintenance’ when you have an exemption 

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If your UK married partner 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 able to apply under "adequate maintenance" through appendix FM.

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To meet Appendix FM you will need to provide evidence of “adequate maintenance” rather than demonstrating you meet the minimum income threshold spouse visa UK requirements above. Your family application can be considered on “adequate maintenance” grounds by providing supporting evidence of any of these 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 requirements will continue to apply on your next family visas application as long as your partner continues to receive any of those benefits or allowances indicated above at the time of your next  submission.

 

Financial Categories under Appendix FM

 

The financial requirements for everyone else can be demonstrated through one or more of the following 5 categories:

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

 

If you apply from outside the UK your partner (sponsor) will need to demonstrate they met Appendix FM financial requirements in their own right.  If you are already in the UK holding LTR / FLR with permission to work your application can be considered under joint household income.

 

Joint household income is a combination of both "Sponsors & Applicants" joint employment income from all income sources recognised under Category A. You 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 your partner and/or you are in the UK with permission to work. Either your partner and/or you are in salaried or non-salaried employment at the date of submission, 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 your spouse visa application.

 

Category B can be used by anyone who has been with their current employer for less than 6 months, or who has been with their current employer for more than 6 months but their earnings our variable and need to be considered under category B rather than under Category A.

 

Category B, financial requirements must be met and evidenced in 2 parts.

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Part 1:

 

First, your partner and/or you (with permission to work in UK) must be in salaried employment at the date of application submission and have been in employment with a new employer for less than 6 months, you can count the gross annual salary at the date of application towards the financial requirements if your income exceeds £18,600 under appendix FM for this new employment period.

 

Part 2:

 

To meet part (2) your partner and/or you 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 you and or your partner have savings above £16,000, these can be used solely or in combination with salaried or non-salaried employment. UK spouse visa applicants who rely on savings to satisfy financial application requirements should bare in mind the level of savings required on a entry clearance & FLR spouse visa application is different from the level needed when applying for ILR under spouse visa.

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(Savings value – £16,000) ÷ 2.5 = (£) qualifying value

 

Category E: Pension income

 

If your partner or both of you are retired you can use your State (UK or foreign), occupational or private pension to demonstrate you meet Appendix FM requirements.  Pension income can be combined with categories A-D in order to meet Appendix FM requirements.

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Category F & G: Self-employed

 

If you are self-employed you can use Income generated through your self-employed activities, including income as a company director or employee of a specified limited company in the UK, or yourself if you are in the UK with permission to work.

 

Category F: Last full financial year

 

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment or is 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 requirement.

 

Category G: Average of last 2 full financial years

 

Where the applicant’s partner (and/or the applicant if they are 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 Category 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 spouses relocate and settle in the UK with their partners.  Marc has supported hundreds of UK and other settled nationals sponsor their foreign married partners to prepare and submit successful UK spouse visa renewal applications. Whether you require a consultation to understand the Immigration Rules for UK married partner visas, or have your partner visa application professional checked by him before submission or use his representation service to prepare and submit your own Spouse Visa 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 the spouse visa application. Our immigration adviser specialises in assisting married couples with complex financial circumstances complete and submit successful marriage applications.

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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 Spouse Visa service.