Meeting the Financial Requirement £18,600 when both husband and wife are returning to the UK together from abroad.

By 1st 4Immigration - #1 UK Immigration Experts -
 A very common situation: a British spouse lived with his/her non-British spouse in Australia/South Afruca/Brazil/Russia etc and they now both want to return to the UK together, so how to meet the Financial Requirement of £18,600?

1)      Through the British partner's work, Option 1. Only Sponsor’s work will be counted at this stage. So, a British partner needs to come to the UK and get a job in the UK paying minimum £18,600 per year before tax. Doing anything, does not matter, just salary matters. Then he/she has to work for 6 months for that employer, then take 6 months payslips (or weekly but covering 6 months), then find a 'lowest payslip' and multiply by 12 to get an annual figure (or by 52 if paid weekly). If you get the result of £18,600 or more then a non-UK partner can apply for a visa, even if you have only worked for 6 months for that company and actually earned a half of £18,600.

In this scenario a UK spouse has to come to the UK first, then a non-UK spouse can apply for a spouse visa later, ie when a UK Spouse can meet the above requirements. Meantime, a non-UK spouse can come to the UK as a visitor but has to leave the UK and apply for a ‘proper’ Spouse visa from abroad later.  

2)      Through the British partner's work, Option 2. Similar to the above but for those who hasn’t worked for the same employer in the UK for 6 months or who did but his/her earnings have been fluctuating.

A British partner has to show that 1) his/her current salary is based on min £18,600 now and has been at that level on average in the last 6 months and 2) he/she has already actually earned that amount in the last 12 months. This option may take longer but it is useful if you don't get £18,600 straight away, so if you get a 1st job paying say £15,000 then change it after 4 months and get £20,000 there will be a point where you would be able to show min £18,600 total from all jobs in the last 12 months. This is when a non-UK spouse can apply for a Spouse visa.  
 
3)      Through the British partner's work, Option 3: either 1) or 2) above but from working outside the UK PLUS a job offer in the UK paying min £18,600 and starting within 3 months from the date of your planned arrival in the UK.  

In this scenario both spouses can come back together to the UK.

4)      Savings. If you (either spouse or both together) have £62,500 held for the last 6 then you could use it instead for the Financial Requirement, without earnings.  If you happen to have the money but not for 6 months then you could wait and then apply when you can show '£62,500 for 6 months'. If your parents want to help then they have to put the money on your/his/your joint names and then wait for 6 months and then apply for a visa.  Or if you need to sell a property then you can sell it, put the money on a bank account, wait for 6 months and then apply for a Spouse visa.

5)      There are also ways of combining salary and savings, plus combining other sources of income, that is also calculated in a certain way.  For more please contact us for an advice session.  

6)      Other income can be used, such as rental income from a property (but broadly, not from a property which will be the couple’s main home in the UK) or pension or dividends/interest from investments.
 
7)      If a UK partner comes to the UK to become self-employed, this would probably be the longest route because you'd have to wait for the end of a financial year to show your income, not last 6 months or last 12months as with the salaried employment. I can expand, this is another very simplified explanation.

The above is a general summary from the Rules. For a personalised advice please contact us for an advice session: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our CDP training website: www.1st4immigration.com/training

 

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