U.K. Flr financial requirements savings or salary

[samsong101]

Hi all

We will be applying for my wife's uk flr visa in April and need to know if we can apply using my salary or cash savings to meet the requirement. I was gifted money in October but also started a second job in October too so will it be best to apply using the cash savings route or can I use the salary as I only started in October 2015? Also how many bank statements will I have to provide for each route? I think it's six months payslips but I'm worried that as I haven't worked for a whole year earning enough to meet the requirement would it be best to go the cash savings route as I will have the money in my account for 6 months when I apply?

Also does anyone know when they will put the fee price up for flr visa as I have heard it is April would on what date as I really want to apply before the price goes up.

I hope this makes sense and any help would be greatly appreciated

Thanks

Samsong

[7by7]

The financial requirement and evidence of meeting it required are the same for FLR and ILR as it is for the initial visa.​

Except for both FLR and ILR your wife's income, if any, can be used as well as or instead of yours.

As you will have had both the new job and the savings for at least 6 months when she applies you can use either, or a combination of both if necessary.

As far as I can find, no actual date has yet been announced for the fee increase; but it historically been on the start of the financial year; i.e. 6th April.

[Trevor1809]

Samsong101 You said second job? I guess as only 6 months records are needed as 7by7 said that would be alright but why are you ignoring the first job? I have to say this is what I don't understand, you have to meet £18600 pa but only supply 6 month's worth of data.

[TCA]

The financial requirement and evidence of meeting it required are the same for FLR and ILR as it is for the initial visa.​

7by7, are you sure about the financial requirement being the same at ILR? From Appendix FM 1.7:

7.2.2. At the entry clearance/initial leave to remain stage and the further leave stage, the amount of cash savings above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be used in meeting the financial requirement. The following equation is to be used:

(x minus 16,000) divided by 2.5 = y

7.2.3. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used:

(x minus 16,000) = y

Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement.

I find the table in section 7.2.4 completely confusing (I can't seem to include it here without losing the formatting), but the above appears to imply that £34,600 is the cash savings requirement for ILR, based on the £18,600 plus £16,000. Or have I got that completely wrong?

Edited to say: I think I misunderstood what you meant. I see £18,600 is still the financial requirement for ILR, just that I was looking at the cash savings route, where you can meet it with less savings. Apologies.

Edited February 26, 2016 by TCA

[7by7]

I should have said that the financial requirement and evidence of meeting it required are the same for FLR and ILR as it is for the initial visa.

Except that:-

• For both FLR and ILR your wife's income, if any, can be used as well as or instead of yours and
• for ILR, if meeting it through cash savings you can use all your savings, not just those above £16,000. Thus reducing the amount required by £16,000.

Apologies for the confusion.

[gprit]

Along same lines.....my Thai wife is here with me in UK on UK Settlement Visa, due to be renewed in August 2017.

I have had to use my £50,000 savings to repay house mortgage at end of term.

On renewal.....

a) does child benefit/Tax credits count towards income?

failing that my income is £17,370.....are they really that strict if just £1000 approx short?

As I am retired, I also do some ad hoc consultancy for a website design company....say £1500 a year....what would I need to show to prove that as it's pretty informal.

[Richard W]

@gprit:

It may be worth sending your wife out to work to top up your joint income. However, if you two have a British citizen child, the child is an anchor baby - you'll be allowed to follow the 10-year route on Article 8 grounds. However, I'm not sure what happens if you die en route.

[TCA]

Except that:-

• For both FLR and ILR your wife's income, if any, can be used as well as or instead of yours and
• for ILR, if meeting it through cash savings you can use all your savings, not just those above £16,000. Thus reducing the amount required by £16,000.

With respect, unless I'm misunderstanding their rules, I think that's still wrong. The 'above £16,000' criteria still applies at ILR, it's the fact that you don't need to meet the requirement for the 30 month period, so the division by 2.5 disappears.

FLR: (x minus 16,000) divided by 2.5 = y

ILR: (x minus 16,000) = y

Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. And y is the amount which can be used towards the financial requirement.

So FLR requires £62,500 of cash savings but ILR requires £34,600 of cash savings. The difference is £27,900 which represents 1.5 years fewer of the annual £18,600 requirement. i.e. you meet the requirement for 1 year, not 2.5 years. I think.

Edited February 27, 2016 by TCA

[gprit]

We are getting ahead of ourselves and away from the question.

I am solely concerned with FLTR.

Is the income requirement £18,600 or £18,000?

Longer term I will have no problem as I will have savings £30,000+ (I am selling a second property in France) plus income of £17,300+.

What I want to know....for FLT ...I have around £17,300 pa income.PLUS child benefit and CTC of arounf £3,500.

a) is CB & CTC allowed towards income?

if not, are they really so strict that if my income is £17,300 they would refuse/deport my wife? even though we have a British son?

[Richard W]

We are getting ahead of ourselves and away from the question.

I am solely concerned with FLTR.

Is the income requirement £18,600 or £18,000?

It's £18,600 - at the moment.

Longer term I will have no problem as I will have savings £30,000+ (I am selling a second property in France) plus income of £17,300+.

What I want to know....for FLT ...I have around £17,300 pa income.PLUS child benefit and CTC of arounf £3,500.

a) is CB & CTC allowed towards income?

if not, are they really so strict that if my income is £17,300 they would refuse/deport my wife? even though we have a British son?

Have you looked at FM Section 1,7? I have, and I see no hint that child benefit or child tax credits will be counted. I wouldn't expect them to, either.

If you two don't meet the financial requirement, they won't remove your wife, but will transfer her from the 5-year route to the 10-year route, because of the anchor baby.

Do you have a financial year for your consultancy earnings? The financial year will matter for your wife's earnings if she works irregularly. Remember that she will have to demonstrate the A2 level in English for the further leave to remain, though I expect the anchor baby will still work if she fails.

[gprit]

Thanks for clarifying......I feel confident I can meet the financial requirement for 12 months prior to renewal.

As for English language test...she achieved A2 level before getting her original UK Settlement Visa.......this was via Bulats (University of Cambridge ESOL) exam in Bangkok.

This is no longer on the 'approved list' so will she have to take again in this country?

[gprit]

Bit more research.....re income........seems like CB and CTC ARE allowed towards income. See Section 4.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf

[7by7]

Sorry; no.

I think that you must have misread it.

4.2. Sources that are not permitted
4.2.1. Income from the following sources will not be counted towards the financial requirement:

includes Child Benefit and Child Tax Credit.

She can still use her BULATs certificate provided she has used it previously in a successful visa or leave to remain application.

Edited February 28, 2016 by 7by7

[gprit]

Good about the English test...was used in original visa.

In the guide I linked there is no section 4.2 or 4.2.1 it is all just section 4.....

Part 8: Annex F Adequate Maintenance & Accommodation

August 2015

4.Income

All legal income for the family unit can be included, such as

:

Income from salaried or non-salaried employment

.

Income from self-employment or as a director of a specified limited company in the UK.

Non-employment income, e.g. income from property rental or dividends from shares.

 Income from Working Tax Credit, Child Tax Credit, Child Benefit, income-relatedbenefits, contributory benefits

and benefits/pensions payable to Armed Forces veterans and their partner.

 State (UK or foreign) or private pension.

Cash savingsheld for at least 6 months prior to the date of application

[7by7]

The financial guidance in Immigration Directorate Instruction Family Migration: Part 8: Annex F only applies if meeting the requirement through what is called "adequate maintenance."

The section I referred to comes from Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement, previously linked to by RichardW above.

From 3.6. Meeting the financial requirement through “adequate maintenance” of that you will see that to be able to meet the requirement through "adequate maintenance" instead of the minimum income threshold you must be in receipt of one or more of the listed benefits or allowances.

If you are not in receipt of any of the listed benefits or allowances then cannot meet the requirement through "adequate maintenance" and so if using income, in whole or in combination with cash savings, cannot use Child Benefit, Child Tax Credit nor any of the other income sources listed in section 4.2 of Annex 1.7.

[7by7]

TCA,

It can be confusing; especially the way they have explained it in the appendix.

But simply put, if meeting the requirement through cash savings alone then at the entry clearance and FLR stage the minimum amount required is £62,500.

At ILR it is £46,500

Which is not only £18,600 x 2.5 but also £62,500 - £16,000.

See the table on page 37 of the appendix.

Which in effect means at the entry clearance and FLR stages the first £16,000 cannot be used, but at the ILR stage it can be.

This confusion is, to my mind, further evidence that this requirement was ill thought out and rushed into law.

[gprit]

The financial guidance in Immigration Directorate Instruction Family Migration: Part 8: Annex F only applies if meeting the requirement through what is called "adequate maintenance."

The section I referred to comes from Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement, previously linked to by RichardW above

I am still confused!!! I am not in the Armed Forces so those rules...and section 3.6 .... should not apply!

WHY cannot I use the requirements under 'adequate maintenance'?

[TCA]

TCA,

It can be confusing; especially the way they have explained it in the appendix.

But simply put, if meeting the requirement through cash savings alone then at the entry clearance and FLR stage the minimum amount required is £62,500.

At ILR it is £46,500

Which is not only £18,600 x 2.5 but also £62,500 - £16,000.

See the table on page 37 of the appendix.

Which in effect means at the entry clearance and FLR stages the first £16,000 cannot be used, but at the ILR stage it can be.

This confusion is, to my mind, further evidence that this requirement was ill thought out and rushed into law.

Presumably you mean page 47? If so, that's the table that confused me in the first place. And I'm still not convinced. £46,500 is the portion of £62,500 of savings that can be used to meet the requirement at ILR. You are still not permitted to use the first £16,000, so it is deducted. It doesn't say that £46,500 is the requirement, merely that £46,500 (of £62,500 savings) can be used towards the requirement of £18,600. It's a rubbish example that produces a nonsense number for ILR because the total savings held amount is based on the FLR maximum savings requirement figure of £62,500.

Put another way, it's not that the first £16,000 can be used at ILR (it still can't), it's the fact that everything above £16,000 can be used at ILR. At FLR you can only use the excess over £16,000 divided by 2.5

Take the next savings figure in the first column of £40,500 - of that amount £24,500 can be used towards the ILR requirement, again the first £16,000 is still excluded. Look at the very last column and there is still no income needed from other sources. So even £40,500 of savings meets the requirement, because £24,500 is greater than £18,600.

Take the next example of £33,000. First £16,000 is excluded, therefore only £17,000 of savings can be used towards meeting the requirement. Income needed from other sources is £1,600. Giving a total of £18,600. So £33,000 doesn't fully meet the ILR cash savings requirement, but it's close. The table confuses because there is no exact example given where ILR is met exactly with cash savings alone.

So to me, to meet a requirement of £18,600 where the first £16,000 of savings are excluded, you need £34,600 cash savings. Am I convincing you yet?

Edited - just had a quick Google and found this archived document below, which explains it far better than I did above. See section 5.4.5 and the table therein:

http://webarchive.nationalarchives.gov.uk/20121208175537/http:/www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Edited February 28, 2016 by TCA

[7by7]

As said, TCA, it is very confusing!

But at the end of the day, if meeting the requirement via cash savings alone then at the entry clearance and FLR stages you need at least £62,500 and at the ILR stage you need at least £46,500.

Yes, I meant page 47; typo!

[7by7]

The financial guidance in Immigration Directorate Instruction Family Migration: Part 8: Annex F only applies if meeting the requirement through what is called "adequate maintenance."

The section I referred to comes from Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement, previously linked to by RichardW above

I am still confused!!! I am not in the Armed Forces so those rules...and section 3.6 .... should not apply!

WHY cannot I use the requirements under 'adequate maintenance'?

The full title of the document I linked to is:-

Immigration Directorate Instruction

Family Migration:

Appendix FM Section 1.7

Appendix Armed Forces

Financial Requirement.

It applies to applicants under the Family Migration rules; not just family of members of the Armed Forces.

So section 3.6 does apply to you which means you can only meet the requirement via "adequate maintenance" if you satisfy the requirements of that section.

I think the current requirement is ludicrous, unfair and plain wrong; see my posts in the current topic on the requirement and many others previously.

But until and unless it is changed, that is what you need to meet.