1.Introduction
Navigating the financial requirements for UK Partner and Family Visas under Appendix FM can be daunting. These requirements are crucial for ensuring your visa application is successful. Currently, the minimum gross annual income required is £29,000 or £88,500 in cash savings. This article breaks down the financial requirement categories and time periods involved to guide applicants through this often complex process.
2.Understanding the Financial Requirement
The financial requirement is one of the most intricate parts of a Partner and Family visa application. It is designed to ensure that applicants and their sponsors can support themselves without recourse to public funds. This section will help you understand the timeframes and types of income that can be used to meet this requirement, including how to combine different income sources.
3.Category A: Salaried and Non-Salaried Employment
Category A refers to salaried and non-salaried employment income.
- Definition:
- Salaried Employment: Fixed annual income with contractual hours.
- Non-Salaried Employment: Variable income based on hourly work or a non-fixed pattern.
- Eligibility:
- The applicant’s partner (or the applicant if they are in the UK with permission to work) must have been with the same employer for at least 6 months before the application.
- Evidence must include 6 months’ worth of payslips and corresponding bank statements.
- Key Point: If the applicant or their partner has been employed for less than 6 months, they must refer to Category B
4.Returning Sponsors: Requirements for Overseas Sponsors
For overseas sponsors planning to return to the UK, there are two main requirements:
- Backward-facing requirement: The applicant’s partner must be in employment with the same employer for at least 6 months before the application.
- Forward-facing requirement: The partner must have a confirmed job offer in the UK that starts within 3 months of their return.
Both employment roles must meet the minimum income level of £29,000. This requirement allows for a smoother transition for those returning from abroad.
5.Category B: Employment with Less Than 6 Months or Variable Income
Category B is used for those who:
- Have been employed for less than 6 months with their current employer.
- Have variable income, even if they have been employed for over 6 months.
Requirements:
- Evidence includes the latest payslips or employment contract showing current income.
- Proof that the gross annual income in the last 12 months meets or exceeds the £29,000 threshold.
6.Category D: Cash Savings
Cash savings can meet or contribute to the financial requirement.
- Threshold: Minimum of £88,500 in cash savings.
- Condition: The funds must have been held for at least 6 months before the application.
- Evidence: Personal bank statements showing consistent savings levels.
7.Liquidated Investments
Applicants may use liquidated investments such as pensions, stocks, or bonds if they were transferred into cash savings at least 6 months before the application.
- Important Note: The applicant or partner must prove ownership of the funds through official documentation.
- Evidence: 6 months’ worth of personal bank statements showing the transfer and ownership of funds.
8.Proceeds from Property Sales
If funds from a property sale are used to meet the financial requirement:
- The applicant or their partner must have owned the property for at least 6 months before the application.
- Proceeds from the sale can be counted even if they are received close to the date of the application, as long as the ownership period is satisfied.
- Evidence: Property ownership documents, sale contracts, and bank statements.
9.Category C: Non-Employment Income
Non-employment income such as rental income can also be used:
- Requirements: Income must be from property held in the name of the applicant or partner and cover the 12
- Evidence: 12 months of bank statements showing rental income.
10.Category E: Pension Income
Pension income is another valid source:
- Must have been a source of income for at least 28 days before the application.
- Evidence: Documentation from relevant pension authorities and at least one personal bank statement showing the pension payment.
11.Category F: Last Full Financial Year for Self-Employed
Self-employed individuals can rely on the income from their last full financial year:
- Evidence: Tax returns, audited/unaudited accounts, and business bank statements.
12.Category G: Average of the Last Two Financial Years for Self- Employed
Applicants can use the average income from the last two financial years if Category F does not meet the threshold.
- Key Point: Useful for those whose income fluctuates.
- Evidence: Same as Category F, covering two financial years.
13.Understanding the Definition of ‘Financial Year’
The relevant financial year varies:
- HMRC Fiscal Year: Runs from 6 April to 5 April the following year.
- Company Financial Year: As defined in the company’s CT600 tax return.
Applicants must ensure their financial evidence aligns with these periods.
14.Combining Multiple Income Sources
Applicants may combine income sources if:
- All income falls within the same financial year.
- Key Combinations: Category F (self-employment) with salaried income, provided they align in the same fiscal year.
15.Contact Temple Gate Solicitors for Expert Assistance
Navigating the financial requirements for Partner and Family Visas can be complex. At Temple Gate Solicitors, our immigration experts provide comprehensive guidance to ensure you meet these intricate requirements and have the correct supporting evidence. For professional advice and support on your UK visa application, contact us at +44 (0) 207 183 8043 or via email at info@templegatesolicitors.com. Visit our website www.templegatesolicitors.com to explore our services.
Frequently Asked Questions
What is the financial requirement for a UK Partner or Family Visa?
The financial requirement for a UK Partner or Family Visa is a gross annual income of at least £29,000 or £88,500 in cash savings. This must be met to ensure a successful application under Appendix FM.
Can I rely on my salary to meet the financial requirement?
Yes, if you or your partner are in salaried or non-salaried employment and have been with the same employer for at least 6 months, you can count the gross annual salary towards the financial requirement. Evidence of 6 months’ payslips and bank statements will be needed.
What if I haven’t been with my current employer for 6 months?
If you or your partner have been with the current employer for less than 6 months, you can still apply under Category B but must meet other criteria, such as showing that your income in the last 12 months exceeded £29,000.
Can I use my partner’s income to meet the financial requirement?
Yes, if your partner is employed or self-employed, you can rely on their income to meet the financial requirement, provided the income meets the £29,000 threshold. You must provide the necessary evidence, including employment contracts, payslips, and bank statements.
Can I combine income from different sources to meet the requirement?
Yes, you can combine income from different sources such as salaried employment, self-employment, pension income, or rental income, as long as all sources come from the same financial year and are still ongoing at the time of the application.
What is Category D: Cash Savings?
Category D allows you to meet the financial requirement through cash savings. The savings must be held in the applicant’s or their partner’s name for at least 6 months before the application. The required amount of cash savings is £88,500.
Can I use liquidated investments or property sale proceeds to meet the financial requirement?
Yes, funds from liquidated investments (such as pensions, stocks, or bonds) or the sale of property can count towards the financial requirement, provided the funds have been under the control of the applicant or partner for at least 6 months before the application.
What if I am self-employed?
Self-employed individuals can use income from the last full financial year (Category F) or the average of the last two full financial years (Category G) to meet the financial requirement. Documentation, including tax returns and bank statements, will be required.
What is the 28-day rule for financial evidence?
Financial evidence must generally be dated no earlier than 28 days before the date of your visa application. Ensure that all evidence submitted complies with this rule to avoid delays.
How do I prove my pension income?
To use pension income, you must show that the pension has been a source of income for at least 28 days before the application. You will need official documentation confirming the pension entitlement and amount, along with at least one bank statement showing the pension payments.
Can I rely on rental income to meet the financial requirement?
Yes, rental income from a property can be counted towards the financial requirement. You must provide 12 months of bank statements showing the rental payments.
What happens if I’m returning to the UK from overseas?
If your partner is returning to the UK to work, they must have been employed with the same employer for at least 6 months before the application and must also have a confirmed offer of employment in the UK, starting within 3 months of their return. Both the current and prospective employment must meet the £29,000 income threshold.
Can I combine income from different financial years?
No, you cannot combine income from different financial years. Income must be from the same financial year, and you must provide evidence that the income was ongoing at the time of application.
What is the definition of the financial year for visa applications?
For self-employment, the financial year runs from 6 April to 5 April the following year. If relying on company income, the relevant financial year will be the 12-month accounting period used by the company.
What evidence do I need for my financial requirement?
You must provide documents such as payslips, employment contracts, bank statements, tax returns, and other relevant financial records depending on the category of income you are using to meet the requirement.
