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When overseas individuals wish to join their spouse in the UK, they need a spouse visa. The UK government has set specific financial criteria for successful spouse visa grants. The couples must show a gross income of £ 29,000, ensuring they do not need public funds to meet basic living expenses.
However, some conditions in which applicants get exemptions prevent them from meeting this financial threshold. It is when a British citizen partner is getting some disability benefits or other benefits. The exemption is also possible when an applicant cannot meet the financial threshold due to severe health conditions.
The details of spouse visa financial requirement exemptions are given below:
Financial Requirements of Spouse Visa
| Number Of Applicants | Visa Cost |
| Only partner | £29,000 |
| Partner with one child | £32,800 |
| Partners with two kids | £35,200 |
| Partners with three kids | £37,600 |
Spouse Visa Financial Requirement Exemptions
The following are exemptions for spouse visa financial requirements:
- Severe disablement Allowance
- Carer’s allowance
- Personal independence payment
- Industrial injury disablement benefit
- Attendance allowance
- Armed Forces independence payment
- Guaranteed Income Payment under the Armed Forces Compensation Scheme
- War disablement pension under the war pensions scheme
- Police injury pension
- Constant attendance allowance
- Mobility supplement
- Child disability payment
- Adult disability payment
Read Also: Document Checklist For UK Spouse Visa
Alternatives of Regular Income
Applicants or sponsors are permitted to meet adequate maintenance while on exemption. So, if they cannot meet the financial threshold with their regular income, they can use the following sources of revenue.
Cash Savings
For cash savings, the following requirements must be met:
- Investment Savings:
- The township funds must be present in the following ways:
- Stocks
- Shares
- Bonds
- And trust funds
- Or, if the sponsor is showing property income, it is essential to sell the property and hold the income in accounts for up to six months.
- Bank Requirements For Holding Cash Savings:
- The bank should be current, investment, or deposit account
- Accounts must be held by appropriate regulatory bodies of the country
- Provide regular bank statements
- The bank statement must be over time according to immigration rules
- Savings must be present in cash form
- Must use legal fund sources
- The applicant or sponsor must control the savings amount by themselves
- Withdrawal should be easy
Non-employment Income
The following non-employment sources of income are considered:
- Own property
- The sponsor should hold the ownership of the property.
- If a third party holds a share in that property, only the amount of your share will be considered.
- Rental Property
- A copy registry is required
- Rental agreements
- Personal bank statements where you receive monthly rent
- Mortgage statement
- Interest from cash saving
- Last 12 months’ bank statements from the date of the application that show you regularly receive the amount.
- Investments like bonds, shares, and stocks
- A certificate that shows you are the owner of these investments
- Personal bank statements
- A portfolio report
- Maintenance payment
- Evidence of court order
- Voluntary written agreed
- Maternity allowance, bereavement payments, Widowed parent allowance, and bereavement allowance.
- The record of bank statement of the previous 12 months where you receive this amount
- Insurance payment (ongoing)
- Legal payments statement
- Date when will it be issued
- Purpose of insurance
- Royalty payment (ongoing)
- The record of bank statement of the previous 12 months where you receive this amount
- Stipend
- Evidence of the tax-free amount of stipend
- Evidence of annual amount.
Non-salaried & Salaried Income
The formula used to calculate non-salaried income is:
(Gross income of six months divided by six) × 12
For example:
((25 weeks × 450 + 150) ÷ 6 ) × 12
=(11,400 ÷ 6) × 12
=22,800
The following are the specific evidence for salaried income:
- Payslips
- Date when employment starts
- Dates whenever you get sick leave in the previous 12 months.
- Employer letter confirming:
- Length of employment
- Annual gross income
- Sick pay leave amount
Pensions
The pensions are written above in exemptions.
Read Also: Employment Letter For Spouse Visa
Sources of Income That Are Not Allowed
There are the following sources of income that are not permitted to be used to meet financial requirements:
- Child benefit
- Working tax credit
- Universal Credit
- Child tax credit
- Unemployability allowance
- Income-related benefits
- Credit facilities and loans
- Income from others who are living together with you
- Income from third-party
Case Studies of Successful Exemption
There are two case studies for getting a successful grant under an exemption.
- Case Study 1:
A British citizen with a disability was unable to work and received PIP (Personal independence payment). When applying for a spouse visa, receive a successful grant because they provided extensive medical reports, proof of benefits, and evidence of adequate maintenance.
- Case Study 2:
A family with a non-UK spouse and a British child applied for a spouse visa while facing financial requirements. Initially, they were rejected, but during an appeal, they got the grant based on exemption.
Frequently Asked Questions (FAQs)
Who qualifies for exemption of spouse visa financial requirements?
Applicants receiving the benefits mentioned above can qualify for a financial requirement exemption. Moreover, due to health conditions, applicants can not meet the specific income threshold.
How do I prove adequate maintenance if I am exempt from meeting financial requirements?
Applicants are required to provide the following documents to prove adequate maintenance:
– Bank statements: To show savings that cover your living expenses.
– Benefit letter: Evidence of receiving disability benefits is necessary.
– Proof Of Non-employment Income: Evidence of investments, rental income, and regular income.
What are the exceptional circumstances that qualify for exemption?
Due to the following circumstances, the UK government grant an exemption:
– Health problems: If an applicant suffers from a severe health disease that prevents them from working.
– Impact on kids: Due to visa refusal, partners are separated from their kids.
– Other hardships: Social and economic difficulties that affect the well-being of your family.
Can applicants use their savings to meet financial requirements?
Applicants who do not have any source of regular income can use cash savings to meet financial requirements. Applicants and sponsors must hold their savings in their accounts for up to six months. However, seek legal guidance for a smooth process.
How do I increase the chances of a successful visa grant under exemption?
Follow these steps for a successful application under an exemption:
– Substantial Evidence: Gather documents, including benefit letters, medical reports, bank statements, and professional letters.
– Organize Documents: Create an organized and clear file of documents and submit it with an application.
– Seeking Guidance: In case of difficulties, seek legal guidance from an expert immigration solicitor.
– Respond Promptly: Respond quickly if the home office calls you to ask about the documents and application.
Conclusion
To conclude, the spouse visa financial requirement exemptions are essential for couples struggling to meet the strict financial criteria. However, understanding exemptions, required evidence, and potential challenges help to navigate this process.
Moreover, obtaining an exemption is not easy; solid evidence, preparation, and legal assistance help in a successful application. Overall, the purpose is to enable the couple to live together.
Reference Links
Financial Requirements
https://www.gov.uk/uk-family-visa/proof-income-partner
Minimum Income Requirement Appendix FM
Public Funds
https://www.gov.uk/government/publications/public-funds–2/public-funds