Spouse visa requirements

[ColG2018]

Hello,

Any thoughts greatly appreciated! I’ve been reading the financial requirement for a spouse visa. I am British and currently living in the US with My American husband.

We want to apply for my husband to get a spouse visa and I want to travel with him to the U.K. once he gets it.

I can’t quite wrap my head around the detailed guidance on financial requirements. We want to meet it based on my husband’s US military retirement pension which is close to meeting the minimum requirement - plus my rental income from the U.K. which takes us comfortably over the limit. I don’t see where that’s inadmissible but wanted to check?

I also wonder whether we need a rental contract in advance of coming over and job offer, when we already meet the requirements?

And am I right in thinking we have 30 days from the point of receiving the visa to enter the U.K.?

Thanks so much!!

[vinny]

I've split your topic as it wasn't related to SET(M) yet.

See also Appendix FM-SE.

[Casa]

When you mention your husband's pension, is this a lump sum and do you intend to qualify with savings + rental income from property in the UK?

You will also need to show that you have adequate accommodation available on your arrival in the UK.

[Casa]

Only savings (pension fund in your case) over £16,000 will be considered in order to meet the minimum income level. The first £16,000 is disregarded.

[ColG2018]

Thanks Casa, by Pension I mean a set monthly amount payable until death, it amounts to an annual sum of (when converted to £) £17,600 Gross and I wanted to add that to the £5500/6000 rental income I make from U.K. property. Hope that makes things clearer? My husband is a retired Navy Veteran. But isn’t very old and so still works/plans to work in the U.K. but as we meet the threshold via these means we want to apply this way.

[ColG2018]

Hi Casa, just double checking that if I don’t hear it means it’s more complicated and I should seek legal advice? I can imagine you’ll be busy with lots of responses! I’ve read the detailed financial requirements and can’t see an issue with our approach except that the veterans pension is in my partners name (the applicant) and essentially I’m bringing the remainder to the table (my rental income).
I have a law degree and wish this was easier to understand but I appreciate it’s a complex area of law...almost as tricky as Tax law!

If I don’t hear back I’ll push some doors to legal advice. Thanks a lot

[CR001]

My understanding is (I could be corrected) that the applicant (your partner) income is not relevant if you are applying from overseas. You the sponsor, needs to meet the full requirement on your own for the first entry clearance visa.

[Casa]

My understanding is (I could be corrected) that the applicant (your partner) income is not relevant if you are applying from overseas. You the sponsor, needs to meet the full requirement on your own for the first entry clearance visa.

That's my understanding too, as the pension fund won't be available as savings but as the applicant's monthly income, which doesn't qualify.

[ColG2018]

My understanding is (I could be corrected) that the applicant (your partner) income is not relevant if you are applying from overseas. You the sponsor, needs to meet the full requirement on your own for the first entry clearance visa.

Thanks a lot CR001, I am trying to get a handle on this, I didn't realise my husbands monthly pension would not be considered income for the purpose of sponsorship, thanks for your thoughts on this.

I think an alternative route would be that I apply under Category B as an overseas worker returning with the applicant to the UK. That way I needn't be in a role for as long as six months, or in a role at all at the time of application and our joint income would be considered for 12 months prior to the date of application. I may be wrong but on this basis I think my husbands income would count? As we are allowed to use combined sources. It would be my intention to show 2-3 months of payslips from a role here in the US and combine it with my UK rental income, my husband's pension income and I have some income as a UK Director of a LTD company (UK) which could also be added. Am I right in thinking this approach would be acceptable (in theory?) I am basing on the details under 5.4.1 (1) in Appendix FM 1.7 at page 28>

https://www.gov.uk/government/uploads/s ... _Final.pdf

I would then make sure I had a job offer in the UK which, when combined with my UK rental income, takes me over the threshold - making my income alone cover that angle. Does this sound possible, in theory?

[ColG2018]

My understanding is (I could be corrected) that the applicant (your partner) income is not relevant if you are applying from overseas. You the sponsor, needs to meet the full requirement on your own for the first entry clearance visa.

That's my understanding too, as the pension fund won't be available as savings but as the applicant's monthly income, which doesn't qualify.

Thanks a lot Casa, I have reviewed my approach to everything and looking at other options for entry and meeting financial requirements. Considering Category B and hoping to not to significantly delayed as was hoping to apply in the summer. I've written a reply to CR001 with thoughts on how I could use this Category.

[Casa]

In order to meet the overseas income as the sponsor, you would need to show evidence of employment in the preceding 12 month period, showing earnings the equivalent to £18,600 p.a AND have confirmed job offer in the UK to start within 3 months of arrival, again meeting the minimum income level of £18,600.

I'm not sure whether you would be able to reduce the earnings level with your UK rental income. Have you paid the due tax on this?

[ColG2018]

In order to meet the overseas income as the sponsor, you would need to show evidence of employment in the preceding 12 month period, showing earnings the equivalent to £18,600 p.a AND have confirmed job offer in the UK to start within 3 months of arrival, again meeting the minimum income level of £18,600.

I'm not sure whether you would be able to reduce the earnings level with your UK rental income. Have you paid the due tax on this?

Thank you for your reply Casa, yes I have a filed self assessment for my UK rental income and have the most recent return to hand. I have not had to pay tax as it has fallen under the threshold for that but all has been declared and documented and processed for tax purposes. I understand your points about the 12 month proof requirement for my time here in the US (I've been here for 1.5 years), and from what I read I believe that the 18,600 can be made up of combined sources to include my husband's monthly pension. As long as that is correct I feel reasonably confident about my application. Thanks for taking the time to reply!