Job offer + cash savings to meet financial requirements

[ThaiPhil]

Section 5.2. of the financial requirements for a UK spouse visa, indicates cash savings can be combined with a job offer to reach the reach the 18,600 threshold. The exact wording is

'it must have a gross annual salary sufficient to meet the financial requirement, alone or in combination with with any or all of the sources at section 5.1.4."

Section 5.1.4 does refer to cash savings.

However, an OISC certified immigration advisor in the UK thinks this is error and the job offer should be for in excess of 18,600 - regardless of other income/ savings. He's written to the HO for clarification, but doesn't expect a prompt response. This may cause me problems because I'm hoping to submit my wife's visa application next week.

Do any of the visa gurus have an opinion on this?

[Tony M]

Logically, it would, make sense to be able to use savings plus income to meet the requirement, as that is what you can do if you are in employment in the UK. It would not be fair to treat a sponsor returning to the UK from overseas any differently to a sponsor resident in the UK.

Again, using the same logic, you wouldn't even need a job offer if you had adequate savings, so I don't see how the job offer can be imposed in totality ( that is, having to have a job offer, and that it must meet the 18,600 GBP threshold) .

It will be interesting to see what response your immigration advisor receives.

[7by7]

I'm sorry, I don't see where there is any confusion; Annex FM Section FM 1.7: Financial Requirement seems quite clear on this point to me.

Para 5.2.1, for those who fall under category A, and Paras 5.4.2 and 5.4.4(1), for those who fall under catergory B, all clearly state that cash savings can be combined with income to meet the requirement.

Unless the sponsor was self employed whilst out of the UK or will be once in the UK. For some reason, the self employed cannot combine cash savings and income.

[ThaiPhil]

Thanks for both replies. I'm in complete agreement with both of you.

The job offer is coming from someone who the UBKA may regard as self-employed, but I'll be a normal PAYE employee. Based on the UKBA's guidance notes, my cash savings will be taken into consideration.

If / when the HO reply, I'll post the details here.