The financial requirement of the UK Settlement Visa

Breytenbachs Immigration Consultants provide below a short guide on the financial requirements.

Who can apply for the UK Settlement Visa?

The UK Settlement Visa, also known by many as the UK Spouse visa, is available to non-EU citizens who want to join their spouse/partner in the UK. The spouse or partner has to be a British citizen, or hold Indefinite Leave to Remain or has a permanent right of residence.

The relationship does not have to be a marriage. Civil Partners, persons living together in a relationship akin to marriage for longer than two years, and engaged to be married or to become civil partners can also qualify to apply under this route.

The Financial requirement of the UK Settlement Visa

A minimum income threshold of £18,600 is required to sponsor the settlement of the spouse, partner, fiancé or proposed civil partner.

There is also a higher threshold for any children also sponsored: £22,400 for one child and an additional £2,400 for each further child.

If the application is submitted from within the UK, the £18,600 can be made up of the income of both parties. In such cases, it should be easier to fulfil the financial requirement.

If the applicant is not able to meet the financial requirement by gross annual salary alone, one can also include savings. It is also possible to rely only on savings. Only savings above £16,000 are considered.

If there are children involved in the application, and the application does not meet the minimum income threshold requirement, the best interest of the child will be taken into primary consideration.

If the sponsor does not meet the minimum income threshold, and there are exceptional circumstances that could have very harsh consequences for any of the parties if they weren’t able to get a visa, the Home Office will possibly consider alternative incomes of the applicants.

If the applicant cannot meet the Rules, the decision-maker should consider whether there are exceptional circumstances which would render a refusal of the application a breach of Article 8 of the European Convention on Human Rights.

Should an application be successful based on these considerations, it will put the applicants on a ten-year route to settlement. Should the applicant, at a later stage be able to meet the financial requirements, they can apply again for the five-year route to settlement.

In specified circumstances the Home Office will consider other sources of income, to determine whether the financial requirement can be met in this way. The decision maker at the Home Office will, however, have to consider the genuineness, credibility, and reliability of other sources of income.

• A credible guarantee of sustainable financial support from a third party.
• Credible prospective earnings from the sustainable employment or self-employment of the applicant or partner.
• Any other credible and reliable source of income available to the couple.

For more information, please feel free to visit us at www.bic-immigration.com or fill out the form below.