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Thursday, 10 September 2015
Another interesting post on The Telegraph website, a comment that foreign spouse’s pension can’t be counted for his UK Spouse visa. It can be! Plus solution for a (fictional) Serena Williams and her (fictional) British husband's visa.
the article below it was one of the comments that attracted our attention. It
was from a person who had a British wife and said that his British wife was
expected to meet the £18,600 Financial Requirement whilst his foreign pension
could not be counted.
We wanted to post this
because the above opinion is incorrect, according to the UK Immigration Rules
(immigration law). There is indeed a requirement that only the British spouse’s
income can be counted at the entry clearance stage (application from outside
the UK) but it only applies to income from employment or self-employment. This
rule does not apply to pension or savings or most of non-employment income,
such as rental income. So, if a foreign spouse receives pension in any country,
then he/she can use it to meet the Financial Requirement. It does need to be
looked in properly, though, as there are some exclusions to the types of
pension (the standard, retirement pension is usually allowed, as our successful
visa applications proved).
It is also common to
combine foreign pension with either UK employment of a British spouse (when the
spouse is already in the UK) or with savings. With pension, the amount of
savings will be lower than £62,500 depending on how much pension is.
As there are many
comments from the residents in the USA, another comment says that if Serena
Williams (presumably, the American tennis star) marred a Brit she couldn’t come
here unless her British husband has a job in the UK earning £18,600. This is
also not true because Serena could meet the Financial Requirement via Savings
category, she could easily afford savings of £62,500, which can be on her name
only, without “her” British husband’s money even mentioned on the visa
If she did marry Alan
Sugar’s son, as was also suggested in the comments, his (Lord Sugar’s) support
would indeed make no difference. However, Sir Alan could transfer £62,500 on
his son’s bank account, the couple could wait for 6 months and apply for
Serena’s visa using the Savings category.
The law does provide many
ways to meet the Financial Requirement (the issue of fairness aside, as it is
up to the Government to write the rules, we can only advise on them). As a firm
of experienced immigration advisers, we deal with such applications every day
and can advise on various solutions within the Rules. It does not address the
unfairness of this process (particularly when it comes to a spouse being an EEA
national, rather than British), but with our help you could plan the clear
point in the future when you become eligible for a Spouse visa.