Do I Have to Meet a Financial Requirement for my Spouse Visa Application?
Our immigration solicitors look at spouse visa financial requirement exemptions to help you work out if you will need to meet the spouse visa financial requirement as part of your family visa application.
Whether you need to meet the financial requirement depends on your circumstances and those of your British-based sponsoring partner. That’s why it is best to talk to Spouse Visa Solicitors about your circumstances and how best to meet the financial requirement.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For advice on spouse visas call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
What is the spouse visa financial requirement?
If you want to come to the UK on a spouse visa or family visa or partner visa you need to satisfy the Home Office that you meet a financial requirement unless you fall within an exception to the immigration rules.
Although you may think that you are the one who has to meet the financial requirement to get your visa, the reality is that you are likely to be relying on your sponsoring partner’s income or their savings or their personal circumstances to make you exempt from having to meet the financial requirement.
The minimum income requirement
The spouse visa financial requirement or minimum income requirement is an annual income of £18,600 gross for a family visa application. The income requirement can be met by your sponsoring partner having an income of over £18,600 gross or through a combination of their income and your income. For your income to qualify you must have a job in the UK as you can't rely on the income received from a job held overseas that you will be leaving if you are successful in your spouse visa application.
The minimum income requirement increases if you have children who are not British citizens and who will be accompanying you to the UK. The spouse visa financial requirement increases by £3,800 for your first child and £2,400 per year for each additional child you have. For example, if you have 2 children, the spouse visa financial requirement is a gross income of £18,600 plus £3,800 plus £2,400. Total £24,800.
Meeting the spouse visa financial requirement through cash savings
Although holding cash savings do not qualify as an exception to having to meet the spouse visa financial requirement, it is important to mention the option to use the existence of savings in case it is easier for you to meet the financial requirement through a combination of income and savings or from savings alone.
If you want to rely on savings alone to meet the financial requirement, you or your partner will need at least £62,500 in cash savings. If you have less than that figure then you may be able to use the savings to reduce the minimum income requirement below £18,600 per year through a combination of income and savings.
There are strict rules on whether cash savings can be used to meet the spouse visa financial requirement. For example:
- The money must have been held by you or your partner for at least 6 months before your family visa application
- The savings must be under your control or under the control of your partner
- The cash must be accessible savings – the money cannot be held in a notice account or in property or in complex investments as it must be immediately accessible
You need to provide evidence of the savings but the money can remain in the account as the savings do not need to be withdrawn or used to meet the financial requirement.
Spouse visa financial requirement exemptions
Depending on the personal circumstances of your sponsoring partner you may be exempt from having to meet the financial requirement. You will need to produce evidence of the exemption to successfully secure your spouse visa. In the immigration rules the exemption is referred to as ‘adequate allowance’.
Spouse visa financial requirement exemptions or adequate allowances are based on your sponsoring partner being in receipt of a qualifying state benefit.
The list of qualifying benefits currently includes:
- Carer Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
The immigration rules specify what evidence has to be produced to show a visa applicant can rely on their partner receiving an adequate allowance.
Do you need help with your spouse visa application?
Spouse visa applications and the rules relating to the financial requirement are complicated so it is best to get immigration legal advice from Spouse Visa Solicitors before you submit a spouse visa application or apply to renew your family visa.
Remember that when you apply to extend your spouse visa you need to meet the financial requirement again at the time of your extension application. Your family income must be over the minimum income requirement at the date of your application or you need to be able to rely on a combination of income and savings or your partner now being in receipt of an adequate allowance.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For spouse visa advice call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.
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