An Immigration Solicitors Guide to the Financial Requirement in Visa Applications

Posted onJuly 3, 2023

In our immigration blogs, our immigration solicitors often refer to the ‘financial requirement’ that must be met when applying for a UK visa. In this article, we explore in more detail what is meant by the financial requirement and why your immigration lawyer needs to make sure that your supporting visa paperwork sets out that you do meet the financial requirement.

UK Online and London-Based Immigration Solicitors

For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.

Why is meeting the financial requirement important?

In a nutshell, immigration solicitors warn that if you do not meet the financial requirement eligibility criteria the Home Office will not grant your visa application.

Frustratingly most visa applicants do meet the financial requirement for their visa application but they (or their immigration advisors) do not make sure that their visa application is supported by the evidence needed to show the Home Office that the financial requirement is met. This can be down to a range of factors, such as:

Assuming it is self-evident that you meet the financial requirement for a visa if you are applying for a skilled worker visa or a global talent visa or if your sponsoring partner for your spouse visa lives in Mayfair or Kensington
Thinking the Home Office will not bother to check that you meet the financial requirement by looking at your supporting paperwork
Not reading the immigration rules on the financial requirement and evidence in support or not using a specialist immigration solicitor to prepare your application and check your documents submitted in support of your application

If the Home Office refuses your visa application because they rule that on the paperwork submitted, you do not meet the financial requirement then you may need to submit a further application, adding to the costs and delay. That is why expert immigration lawyers fuss about getting your evidence in support right even if the immigration rules appear overly pedantic or it is abundantly self-evident that you meet the financial requirement.

Taking the time to get it right the first time will save you time and money as well as reduce hassle. For example, if your skilled worker visa application is rejected because the Home Office says you do not meet the financial requirement you may not be able to start your new employment with your sponsoring employer on your agreed start date. That is not the best way to start a new job. If you are bringing your children with you to the UK on dependant visas, they may not be able to start school at the start of the September school term because of the delays in sorting out your main visa and the dependant visas.

What is the financial requirement?

The general rules on the financial requirement can be found in Appendix Finance: UK Visa Financial Requirements. The visa-specific rules on the financial requirement can be found in the relevant visa appendix and the relevant visa guides. Immigration solicitors warn that the Appendix Finance and the supplemental guidance issued by the Home Office are a torturous read.

If you are applying for a UK visa ( work, business, or family) then the likelihood is that you will need to meet a financial requirement as part of the visa application process. The financial requirement must be met with evidence in support at the time of your visa application.

The financial requirement means that to obtain a visa you must prove that you have sufficient funds (the figure is set by the Home Office) and that you can maintain and accommodate yourself and any family you are bringing to the UK on dependant visas. Importantly, you must be able to support yourself and your family without accessing public funds.

Appendix Finance of the immigration rules

Appendix Finance details how a visa applicant must meet the financial requirement to secure their visa. The financial appendix details how funds must be evidenced by the visa applicant whilst the visa appendixes set out the amount of the financial requirement for the particular visa and the amount of time the funds must have been held for.

There is additional Home Office guidance that can be poured over to check the detailed provisions and to see how they apply to an individual applicant and their visa application. This caseworker guidance is important as if the rules are followed to the letter, then you should not encounter difficulties in showing that you meet the financial requirement. Furthermore, if your situation is unusual, it is important to explain why you are submitting the paperwork you have available rather than the documents recommended in the financial requirement or the specific visa caseworker guidance.

Is the financial requirement the same for every type of UK visa?

Although some visas share the same rules regarding the financial requirement, not all visas do so. You should therefore not assume that just because a friend met the financial requirement by submitting one document in support of their application that you will do so if you do the same type of paperwork when submitting your visa application.

In addition, if you have been in the UK lawfully for at least 12 months you may not need to meet the financial requirement when applying for a new visa or to switch visa. You should never assume that you will not need to meet the financial requirement as immigration rules and specific visa requirements are often updated by the Home Office.

When does a visa applicant need to meet a financial requirement?

Most visa applicants need to meet a financial requirement, including when they are applying for some of the most popular UK visas and some new visa routes, such as:

The skilled worker visa
The student visa
The 5 global business mobility visas, such as the senior or specialist worker visa or UK expansion worker visa
The innovator founder visa
The scale-up visa
The high potential individual visa

If you are applying for a dependant visa and the main applicant is applying for one of the above visas then the dependant will also need to meet the financial requirement as part of the dependant visa general eligibility criteria.

In some situations, an individual visa applicant does not need to personally meet the financial requirement if they have third-party support or the support of a sponsoring employer. For example, with the skilled worker visa, if the sponsoring employer has an A-rated sponsor licence they can choose to confirm that, if necessary, they will maintain and accommodate the skilled worker visa applicant up to an amount of at least £1,270 up to the end of the recruit’s first month of employment. If the sponsoring employer decides not to provide this certification, then the work visa applicant will need to have funds of at least £1,270 and have held them for the required minimum period (28 days).

Immigration legal advice on the financial requirement

The rules around the financial requirement are not always straightforward. If you have questions about the financial requirement, or the other general visa eligibility criteria, or want help with your visa application our specialist individual immigration solicitors can help you.

UK Online and London-Based Immigration Solicitors

For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.

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