If you or your spouse are applying for a UK spouse visa, evidence needs to be provided that you are able to meet the required minimum level of income. This is substantial and, in some cases, you may be offered financial support from a third party. A recent case has looked at whether a third party needs to set aside a sum to be used solely to support a couple or whether it is enough that the third party can show that they earn sufficient money to provide financial support.
Spouse visa income requirements
To apply for a spouse or partner visa, a couple need a combined minimum income of £18,600 per year. They will also need an additional sum if they will be bringing children with them who are not British, are not settled in the UK or do not have pre-settled status. The extra amount is £3,800 for a first child and £2,400 for any other children.
Third party funding for spouse visa
If a couple does not meet the minimum income requirement for a spouse or partner visa, it may be possible to make up the shortfall by using funds from someone else. It is sometimes the case that a relative offers to contribute to the necessary income from their own funds.
This is only generally permitted when there are exceptional circumstances that mean that a refusal of a visa could breach the European Convention on Human Rights, which provides the right to a private life. If denying a spouse or partner the right to come to the UK is an unjustifiably harsh consequence, the authorities may allow someone else to contribute funding.
Evidence required for third party funding for a spouse or partner visa
UK Visas and Immigration will look for ‘a credible guarantee of sustainable financial support’. This means that the third party will need to provide a substantial amount of evidence in respect of their offer to provide funding.
This will generally include evidence of their relationship to the couple as well as evidence of their general financial situation. The recent case of SB examined the evidence the third party funder needed to provide.
The case involved SB, who came to the UK to join her husband. After he retired, his income fell below the required £18,600 and SB’s application to extend her visa was refused.
SB reapplied, citing financial support from the couple’s adult son, M. They lived rent free with him in the house that he owned. He earned £60,000 per year and covered all the household expenses, including the bills and mortgage payments.
The Upper Tribunal held that the shortfall in the couple’s income, which was £11,000, should be available at all times in M’s accounts. In fact, it was not, as his bank account sometimes fell below £11,000 and was on occasion overdrawn. The Upper Tribunal felt that there was a risk that the couple would not have the minimum income requirement available to them.
An appeal was made by SB to the Court of Appeal on the basis that the Upper Tribunal was asking for the sum to be ringfenced, which was an extra requirement not included in the legislation. If the third party was deemed to be a credible source of financial support, SB’s lawyers argued that it should be sufficient that he earned enough to satisfy the minimum income requirement. The money did not have to be set aside and there was no justification for taking a different approach when looking at a third party’s funds.
The Secretary of State for the Home Office has decided to reconsider SB’s application and in the meantime, the appeal has been withdrawn by consent. The final decision is awaited.
Contact our expert spouse visa solicitors
Our expert immigration solicitors can advise you on the funding requirement for a spouse or partner visa and ensure that your application has sufficient evidence in support, particularly if you wish to rely on third party funding to satisfy the minimum income requirement.
To speak to our spouse visa solicitors in Manchester, ring us on 0161 795 9955 or fill in our contact form and we will call you back.
We deal with spouse visa applications for clients throughout England and Wales.