Appeal Court’s ruling: no change to Spouse visa £18,600 income threshold

By 1st 4Immigration - #1 UK Immigration Experts -
After almost a year, on 11 July 2014 the Court of Appeal has ruled that the income threshold for a Spouse/Partner visa was lawful and remained as it was from 9 July 2012. It was and now remains at £18,600 for a partner, going up to £22,400 if one child is added and more if more children are also in need of a visa.
Bad news for some, unfortunately, especially for those whose cases were on hold for almost a year and those who were hoping they could apply with a lower income if the Court ruled otherwise. Those whose cases were put on hold will now be refused.
So, at the moment the £18,600 minimum remains in place. If you are thinking of using savings it remains at £62,500 and must be held for 6 months.
Plus the permitted combinations, such as income from employment and savings. For example, if one earns £15,000 he/she is short of £3,600 (£18,600 - £15,000). So, it means the couple needs the following amount in savings and it is not just £3,600: £3,600 x 2.5 +£16,000 = £25,000. In other words, with the earnings of £15,000 pa the couple needs another £25,000 in savings, held for 6 months.
Worth adding that £18,600 can be from more than one job,  so one solution would be getting a 2nd job, even a part-time job, to reach the threshold, then to apply for a visa and quit that job (if it's that bad). It is only at the Entry Clearance stage (application from outside the UK) that only Sponsor’s earnings can be used, once a foreign partner is in the UK he/she can work on a Spouse/Partner visa and therefore, the couple can have a combined income of £18,600, which is more achievable. Those who are switching inside the UK can use both partners' income too, as long as their UK visa allows to work. Those on a Fiance(e) visa aren’t allowed to work for 6 months (so the Sponsor should hold on to the jobs he/she used to gain a Fiance(e) visa). Once a foreign partner has a Spouse visa after the marriage, that visa will allow to work.
 For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
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