Uk visa questions

[Craigee34]

Hello all please just answers that are from people who know... 

When applying for thai wife to get residency in UK 

1) the 18000 minimum income enough or do you need savings too? 

 

2) is owning a house an essential as opposed to say renting or proposing to live with family

 

Thank you just weighing up options

[elviajero]

1. If you and your wife have a combined income of at least £18,600 you don't need saving too.
2. You don't need to own a house. Renting or staying with family is accepted.

[Maestro]

I am moving this topic to the forum Visas and migration to other countries

[theoldgit]

1. If you and your wife have a combined income of at least £18,600 you don't need saving too.
2. You don't need to own a house. Renting or staying with family is accepted.

When the applicant applies for her initial visa from outside of the UK then only the sponsors income can be used to meet the minimum of £18,600. No savings are required if the minimum income is met. Only when she applies for further leave to remain, after 30 months, can her income be used towards meeting the financial requirements.

There are other requirements to be met as well, English language skills and evidence that the applicant is free of TB.

It’s correct that rented accommodation can be used or living with family providing there is sufficient accommodation available for the applicants own use.

 

 

 

 

[elviajero]

7 hours ago, theoldgit said:

When the applicant applies for her initial visa from outside of the UK then only the sponsors income can be used to meet the minimum of £18,600. No savings are required if the minimum income is met. Only when she applies for further leave to remain, after 30 months, can her income be used towards meeting the financial requirements.

I don't believe that is correct. Although I can't think of many forms of income a Thai spouse would have that would continue once they've relocated, it's possible. Where does it say in the Home Office rules that an existing/ongoing foreign income can't be used?

 

https://www.gov.uk/uk-family-visa/proof-income

Give proof of your income

You and your partner must have a combined income of at least £18,600 a year ...

 

What counts as income

You and your partner can use:

• income from employment before tax and National Insurance (check your P60 or payslips) - you can only use your own income if you earn it in the UK
• income you earn from self-employment or as a director of a limited company in the UK - check your Self Assessment tax return
• cash savings above £16,000
• money from a pension
• non-work income, for example from property rentals or dividends

[7by7]

50 minutes ago, elviajero said:

Where does it say in the Home Office rules that an existing/ongoing foreign income (of the applicant) can't be used

Paragraph E-ECP.3.2 ( a ) of the immigration rules covers the source of earned income for the initial visa, called 'entry clearance' in the rules

Quote

E-ECP.3.2. When determining whether the financial requirement in paragraph E-ECP. 3.1. is met only the following sources will be taken into account-

( a ) income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;

"Income of the partner" not income of the partner and/or applicant.

 

If you read further, it is only the applicant's unearned income, if any, which can be used at this stage.

 

Unfortunately, since the Home Office, UKVI, whoever combined the guidance for all types of application and all stages, entry clearance, and FLR (but not ILR) into one, such confusing discrepencies between the guidance and the rules are not uncommon.

Edited June 24, 2018 by 7by7
Addendum