Spouse visa queries

[John Green]

I had assumed that the sponsor's UK income from UK pensions (state and private or occupational) could not count towards meeting the Financial Requirement. Where he simply wanted to bring his non-EU wife into the UK to reside under the 5 years rule.

However, I came across this document:

Immigration Rules Appendix FM-SE: family members specified evidence
Family members - specified evidence

This seems to say that such UK income can be counted towards meeting this Requirement. For example, in the references:

In respect of non-employment income, to evidence a pension;
AND IN
Where the person is not relying on income from salaried employment or self-employment.

If for example the UK state pension or an occupational (NHS) pension can be used to in part fulfil the Requirement, is there some minimum sum for either income source that can be taken into account to meet the Requirement? Thus reducing the amount that the applicant needs to show from, for example, his cash savings account.

Thanks.

[Casa]

Income from a pension will qualify, but in order to make up any shortfall to meet the minimum £18,600, only savings over £16,000 will be considered. These must have been held in an accessible account for at least 6 months.

[John Green]

Thanks again for the quick response.

As I understand the "family" Requirement rules, when she first applies to reside here, and she or I have no other income, I first have to show in my cash savings the full 62,500 pounds. During the course of the first 2.5 years until she applies for IRL, this is gradually reduced to a minimum in cash savings I show of about 46,000 pounds (the original sum minus 16,000 pounds). After the first 2.5 years when she applies for IRL, I need to show in cash savings about 18,600 pounds. This is presumably what they also expect to see before the end of the process, in the final year of the total of 5 years for example.

So the fact I have income from two UK pensions will reduce all these cash saving amounts I would have to otherwise show? Is there a formula I can see or read to make this calculation?

[Casa]

I would focus on what you need to comply with now as UKVI Regulations change.

[John Green]

I understand, but have I got in right about the situation with respect to how much in cash savings alone I need to show in order to meet this Requirement? And I need to calculate how much my UK pensions will change this, if you know of some calculating site I can use.

By the way, does the receipt of UK state benefits also count towards meeting the Requirement? I also receive a small state benefit. Or does it depend on which UK benefit I receive as to whether they recognise it or not?

[Casa]

Yes it depends on the benefit. Consider this...if your calculation for the next 2.5 year extension proves to be less than required as the Immigration Rules stand at present ( and you are assuming your spouse fails to secure employment), will you not apply for the spouse settlement visa?

[John Green]

I think the issue is that if I can also show them my UK income it should reduce the amount I have to show on my cash savings. My personal situation is that I do have over the 62,500 pounds in cash savings, so it is not like I am hoping and praying that my income gets me through the Requirement. But my income (as opposed to my savings) are somewhat under 9,000 pounds a year presently (ie low). So if I don't have to show the full 62,500 pounds, because my income is taken into account, it means I have a bit more that I can spend to top up my low income.

One query. I know that I will receive my UK state pension in December. This will increase the total income I get to just over 11,000 a year. If my financial situation changes like this for the better, can/should I tell the UK Visa and Immigration department immediately? Or is it a case where even if my financial circumstances change during the first 2.5 years, I should not tell them of this fact? Unless I have to fill out a form on my financial situation each year of the 2.5 years anyhow, of course.

[Casa]

You won't need to advise the UKVI of any changes on your income until your wife submits her first FLR(M) extension after 2.5 years on her initial spouse visa.

[John Green]

Thanks.

Is there is list of the UK state benefits that can be counted towards meeting the Requirement?

[Casa]

Thanks.

Is there is list of the UK state benefits that can be counted towards meeting the Requirement?

The following are the benefits which can't be counted. Which specific benefits did you have in mind?

4.2. Sources that are not permitted
4.2.1. Income from the following sources will not be counted towards the financial
requirement:
 Any subsidy or financial support from a third party (other than child maintenance or
alimony payments, academic maintenance grants/stipends or gifts of cash savings that
meet the requirements specified in paragraph 1(b) of Appendix FM-SE).
 Income from others who live in the same household (except any dependent child of the
applicant who has turned 18 and continues to be counted towards the higher income
threshold the applicant has to meet until they qualify for settlement).
 Loans and credit facilities.
Appendix FM 1.7: Financial Requirement
August 2015
18
 Income-related benefits: Income Support, income-related Employment and Support
Allowance, Pension Credit, Housing Benefit, Council Tax Benefit or Support (or any
equivalent) and income-based Jobseeker’s Allowance.
 The following contributory benefits: contribution-based Jobseeker’s Allowance,
contribution-based Employment and Support Allowance and Incapacity Benefit.
 Child Benefit.
 Working Tax Credit.
 Child Tax Credit.
 Universal Credit.
 Unemployability Allowance, Allowance for a Lowered Standard of Occupation and
Invalidity Allowance under the War Pensions Scheme.
 Any other source of income not specified in Appendix FM-SE as counting towards the
financial requirement.

[John Green]

Thanks again for the reply.

The one I get is one I don't think I can count towards it, the Reduced Earnings Allowance. It is part of the Invalidity Benefit "family," but because it's not actually titled as Invalidity Benefit, I am doubtful.

[John Green]

Can someone correct me on this information please?

It seems that spouses of UK citizens who live outside the EU can apply for UK citizenship after residing for 3 years in the UK with their UK spouse. This time length is different from the situation where the non-EU spouse only wants permanent residency rights in the UK. This takes 5 years. Two years more.

However, the rules governing application for UK citizenship are stricter. In the case of the spouse wanting only UK residence, they can leave the UK for much longer periods during the 5 years before permanent residency is granted. For example, they can leave up to and including 6 months in a year and still get UK residency after 5 years. In the case of applications for UK citizenship, however, the person must live in the UK for 9 months in each year. Presumably for each of the 3 years before they apply for citizenship.

Does the non-EU spouse fill out, to join her husband in the UK, a different form if she intends to apply for UK citizenship after 3 years? Or does she fill out the same "join a family member in the UK" form as someone wanting to get only UK residency rights?

Thanks.

[geriatrix]

Does the non-EU spouse fill out, to join her husband in the UK, a different form if she intends to apply for UK citizenship after 3 years? Or does she fill out the same "join a family member in the UK" form as someone wanting to get only UK residency rights?

Thanks.

Immigration and citizenship are two different things governed by two different Acts. Don't confuse one with the other - both are exclusive.

When you apply for a visa, you do so under the Immigration Act, and your intention to apply for citizenship (or not) as and when eligible under the Nationality Act has nothing to do with your application to emigrate to UK.

Likewise the requirements for settlement (Immigration Act) and requirements for citizenship (Nationality Act) are different, including the requirement regarding absences.

For the long story prior to the query, here're the basics:
1. No citizenship without getting settled status.
2. Settled status only after 5 years, in your case, as spouse of settled person/ British citizen.
3. Spouse of British citizen may apply for citizenship after at least 3 years of "legal stay (in any immigration category)" in UK and having acquired settled status.

Because your spouse will not be eligible for settled status before 5 years, your spouse cannot apply for citizenship before then .... despite "one" of the citizenship rule stating that "only 3 years residence is required" to be eligible for citizenship as spouse of British citizen.

[John Green]

Thanks and for the very clear reply.