What’s wrong with this article on politics.co.uk? It’s about £18 600 UK Spouse visa requirement and in short, employment income is not the only way to meet the Financial Requirement!

Here is an interesting article on politics.co.uk website, dated February 2016, regarding the unpopular Financial Requirement of having income of £18 600 in order to sponsor a non-EEA spouse for a UK entry clearance (visa from outside the UK, ie to bring a foreign spouse to the UK). Link: http://www.politics.co.uk/blogs/2016/02/22/supreme-court-could-knock-down-tory-anti-love-rule
Perhaps for extra dramatisation, the author  says (quote): And the system is despairingly arbitrary. You can't, for instance, include the spouses' income. So if a millionaire marries a junior English nurse, he won’t be allowed in, despite the fact his presence would contribute considerable sums to the economy. Only the junior nurse's salary counts.”

Well, not true! The £18 600 threshold remains extremely unpopular (especially when compared to the EEA law for spouses of EEA nationals who don’t need it). Although as an immigration law firm we can’t change the Rules (the law), but can advise on planning your visa application in order to meet the visa rules and subsequently secure a Spouse visa.

Why is the above statement wrong? If the couple were relying on employment income only then yes, only the British spouse’s (the nurse) salary would count. However, there are plenty of other ways to meet the Financial Requirement for a millionaire, and not for quite a millionaire too.

Instead of using the salaried employment as a source the couple could use the millionaire’s savings. The amount needed is £62 500 held for 6 months, which is possible for a millionaire as well as for many well-off people who are not quite millionaires. It would have to be cash savings, so if one has a property or investments (bonds etc), they would have to sell them and put the cash in the bank. Inconvenient – yes, impossible – no.

Other sources they could use: property rental income (and no need to sell a property, unlike in the above example), pension, dividends from investments or from a business outside the UK.

It also possible to use a combination of various sources, such as rental income and savings, pension and savings etc, although there are extensive and very specific rules on that in the immigration law.

Finally, the nurse in our example could also secure a 2nd job, with the salary which would make up the gap between her current salary and the required £18 600 threshold. Only for a temporary period, though, as once a foreign spouse is in the UK, they can work and use their UK salaried income at the next visa application stage (and the nurse could quit the 2nd job as soon as the entry visa has been issued!).

1st 4Immigration Ltd is a genuinely “leading” (although everyone else says so too) UK Spouse visa law consultancy; we are experts accredited by the OISC and have a 100% success rate. Here is our Testimonials page: http://www.1st4immigration.com/testimonials.php#spouse-outside

For an individual advice or to make your application as successful please contact us:info@1st4immigration.com or visit   http://www.1st4immigration.com/spouse-partner-visas-after-9-july-2012.php 

If you find it difficult to qualify for a Spouse / Partner visa because of the Financial Requirement, you may find this article useful (plus a few similar ones on our blog): http://1st4immigration-visas.blogspot.co.uk/2015/09/solution-for-margaret-on-how-to-secure.html   and this one of who is exempt from the £18,600 threshold: http://1st4immigration-visas.blogspot.co.uk/2015/08/who-is-exempt-from-financial.html   

 

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