FLR for marriage visa (Category C) Question ??

[Manzoor]

I am wondering if somene could please help out.

My fiancee is a british national and an unemployed student. I wish to get married soon and settle in the UK, however in order to meet the FLR my income won't count as I'm working abroad atm and only UK income seems to count. I have the required funds but I was wondering if I could buy-to-let a property in UK and that income counting towards the FLR. I can buy a property to give me an income in excess of GBP 18,600, would that count as a Cat C non-employment income or do I have to necessarily buy the property on my fiancee's name to show that the British sponsor has the required level of earning as she is the sponsor in my case??

Also for cash savings do they necessarily have to be with the British sponsor or either of the two?

Please advise

Thanks

[Casa]

Without income, savings (which could be joint) of £62,500 are required and these savings must have been held in an accessible account for a minimum of 6 months.

Depending on where you decide to marry, as you will be applying for a Fiance or Spouse Settlement visa, only your partner's income will qualify and this income level will have to be met before the fiance visa will be granted.

Bear in mind that you are unable to marry, or switch to any other category of visa while you are in the UK as a visitor.

https://www.gov.uk/join-family-in-uk/overview

[Casa]

Further to my previous post, only rental income over the preceding 12 month period will qualify and only the nett income (after tax paid) will be accepted.

10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided:
(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property for
which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or
(2) A mortgage statement.
(ii) Personal bank statements for the 12-month period prior to the date of application showing the rental income was paid into an account in the name of the person or of the person and their partner jointly.
(iii) A rental agreement or contract.

[Manzoor]

So property rental income from applicant (not the sponsor) counts as well ??

That means according to Category C I could be earning the rental income as a foreigner in UK and it will count towards the financial requirement??

Nowhere it says that the foreign partner's rental income can be counted which is why i'm a bit confused.

[Casa]

So property rental income from applicant (not the sponsor) counts as well ??

That means according to Category C I could be earning the rental income as a foreigner in UK and it will count towards the financial requirement??

Nowhere it says that the foreign partner's rental income can be counted which is why i'm a bit confused.

My understanding is that the 'person' in this case is the sponsor not the applicant...or the person (sponsor) and the couple jointly.

Note that you would have to show 12 months of rental (nett) income.

[Manzoor]

THat essentially means that either the sponsor owns the rental property OR the sponsor and the applicant jointly own the property which means if the property were owned solely by the applicant the rental income wont count. Atleast that's what I understand.

Moreover for cash savings does the the same rule apply again that the funds should have been held in either the sponsors account OR a joint bank account rather than just the applicant's account?

I'm fine with the time as I look to apply after a year or so and thinking of buying a property in a month or so.

[Casa]

THat essentially means that either the sponsor owns the rental property OR the sponsor and the applicant jointly own the property which means if the property were owned solely by the applicant the rental income wont count. Atleast that's what I understand. I agree

Moreover for cash savings does the the same rule apply again that the funds should have been held in either the sponsors account OR a joint bank account rather than just the applicant's account? Savings held in the name of the applicant will qualify.

7.1.1. An amount based on the cash savings above £16,000 held by the applicant, their
partner, or both jointly for at least the 6 months prior to the date of application and under
their control can count towards the financial requirement where applicable. (£16,000 is
the level of savings at which a person generally ceases to be eligible for income-related
benefits).

Note that with zero income you would need £62,500 in savings.

I'm fine with the time as I look to apply after a year or so and thinking of buying a property in a month or so.

[Manzoor]

Thanks alot..

So its crystal clear now and would just love to conclude it for any more people who are in the same boat as myself.

1. There is no point thinking of owning a buy-to-let property as a foreign applicant because income from that doesn't count towards the FLR(M).

2. If there is no income that can be provided as an evidence, it's best to show the 62.5K GBP in either partners' account for 6 months.

In an ideal world what would be the best thing to do to convince the ECO in terms of FLR, given the applicant works abroad and the sponsor is unemployed, do they mind that the sponsor is not doing enough financially and applicant is carrying the burden?

Furthermore, I really wanted to know if after initially getting approved for the Marriage/Spouse visa, I believe you have to reapply for extension to complete the 5 year requirement in order to apply for ILR, however I've heard people apply for ILR within 3 years, how does that work? and also do FLR requirements stay the same or they get stiffer/easier?

Lastly, does it matter where you get married to be able to apply for a Marriage visa, I mean is it necessary that you register your marriage in U.K. or you could just marry anywhere in the world and provide the marriage certificate or will they ask to register the marriage in the local council first?