Sep 20 2022
UK Immigration
This visa is available to those who are either married to, or have lived for at least 2 years in a marriage-like relationship with, a British national or a person who holds indefinite leave to remain/settled status in the UK.
The spousal visa has strict eligibility requirements and therefore tends to be quite document-heavy. If you are applying for a spouse visa to join your partner in the UK, one of the eligibility criteria you will need to meet is the financial requirement.
The first way is to show that the financial requirement is met via a minimum income threshold. On entry clearance, only the salary of the person who is British or settled in the UK can be considered. On extension applications, the income of either partner can be considered. If the application is for a spouse or partner without dependent children, the annual income the British or settled person must prove is at least £18,600. An additional £3,800 is required for the first child, and £2,400 for each additional child.
The second way is to demonstrate that you or your partner has sufficient savings. Here, either partner can hold the savings, even on entry clearance. If the spouse or partner is applying alone without any dependent children, the required threshold for savings is £62,500, which have to have been held for at 6 months before applying. Again, if children are involved, the threshold will increase.
Another method is via earnings from self-employment. As a general rule, the required salary threshold is £18,600 (more if children are involved). This category is somewhat more complicated when it comes to providing documentary proof of the earnings, so should be approached with caution.
There are further ways to satisfy the financial threshold for a spousal visa, and it is also possible to combine different categories of earnings/savings. The rules surrounding the financial requirement are very complex. It is recommended to seek legal advice before embarking on this type of visa application.
Gherson’s Immigration Team are highly experienced in dealing with partner/spouse applications. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2022
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