The financial requirement for my partner for the UK

[iancnx]

 

Of course, you will have to meet the financial requirements again in 2.5 years when your wife applies for Further Leave to Remain and again 2.5 years after that when she applies for Indefinite Leave to Remain. But for both those applications her income, if any, can be used as well as yours.

 

So for the second and third periods, you say our joint income can be used. Would that then be £18,600 each? Without savings = £37,200 as a joint income.  This is a really confusing document......

 

thanks for for your further guidance. 

[theoldgit]

I've moved the last post of your questions out of the pinned topic, as questions often get missed up there.

 

I think it's only 7by7 who has the time and patience to navigate his was through all the topics.

 

In answer to your question though, the minimum income level remains the same, currently £18,600, it's just that at the application stage only the sponsor needs to demonstrate they can meet that level of income, but at the subsequent stages, whilst the total remains the same, a couple can pool their incomes to meet it.

[iancnx]

OG. Many thanks. I think I am clear now.  The confusing bit is per year, as opposed to amount needed for 2.5 years.  

 

So please correct me if I am wrong.  For the second subsequent period of the application (after the initial application 2.5 yrs) you would need to have:

 

a joint income of £18600 per annum

or

considerably more if based on savings to cover the 2.5 yrs

 

?

 

thanks for any further comment

[7by7]

The minimum amounts required are the same for all three stages.

 

Income of £18,600 p.a., cash savings of £62,500 or a combination of both which reduces the amount of each required.

 

If using cash savings, in whole or in part, then at every stage these savings can be in the name of the applicant, the sponsor or both jointly.

 

If using income, then for the initial visa only the sponsor's income can be used. But for FLR and ILR the income can be the applicant's, the sponsor's or a combination of both.

 

You do not need to use the same method of meeting the requirement for each application.

 

Note that if using a combination of savings and income that the first £16,000 of savings will be ignored; see the calculation in the appendix.

 

[iancnx]

Many thanks 7x7, OG

[iancnx]

7x7. Forgive me for resurrecting this.  We are getting closer now to 'going for it.'  The  website app and the appendix and the guidance notes are super complicated.  So here I hope you can help? 

 

My pension from UK is 15000 GBP gross.  This gives a shortfall of £3600.

 

if I wanted to use savings to cover this I would need to prove cash holdings for the past 6 months of:

 

16,000 base figure

9,000 (3600 x 2.5)

=

£25,000

 

is that correct?

 

 

 

[iancnx]

The other element to my question is I have share investments (not tied in to any scheme) which I could cas in at any time and have held for a number of year.  For most of the time the balance would have been above £25k, but might have slipped in the market to below that.  How could they calculate that? Does my bank have to produce a daily balance of the share account for the whole 6 month period...180 days?  I have not made any withdrawals.  I have added in the past 6 months though. 

[iancnx]

The final qustion is.  Would they take a contract of employment (but not yet started work) as proof of income in the future.  I am expecting a contract in the near future. Just planning whether I can arrange it that we all leave as a family, or do I need to physically start work first, and they follow later? 

 

Thanks if if you can help, confirm. Or otherwise.

 

cheers

[iancnx]

The last piece about work is if I cannot satisfy the savings element due to share account fluctuations

[7by7]

11 hours ago, iancnx said:

My pension from UK is 15000 GBP gross.  This gives a shortfall of £3600.

 

if I wanted to use savings to cover this I would need to prove cash holdings for the past 6 months of:

 

16,000 base figure

9,000 (3600 x 2.5)

=

£25,000

 

is that correct?

Yes.

 

11 hours ago, iancnx said:

The other element to my question is I have share investments (not tied in to any scheme) which I could cas in at any time and have held for a number of year.  For most of the time the balance would have been above £25k, but might have slipped in the market to below that.  How could they calculate that? Does my bank have to produce a daily balance of the share account for the whole 6 month period...180 days?  I have not made any withdrawals.  I have added in the past 6 months though. 

You cannot use stocks and shares as savings unless they are held in an ISA.

 

But you can use the proceeds from cashing them in or selling them; even if you did that less than 6 months prior to the application.

 

See paras 7.4.4 to 7.4.9 of the financial requirement Appendix. 

 

Note, though, that you can use any income from stocks and shares, e.g. dividends, as unearned income and this can be combined with both earned income and pension income.

 

11 hours ago, iancnx said:

The final qustion is.  Would they take a contract of employment (but not yet started work) as proof of income in the future.  I am expecting a contract in the near future. 

 You say your income comes from a pension. Are you working as well, or do you mean your wife's job? 

 

You say "not yet started work." When does it start? Whoever this job is for; if they haven't started it by the date of the application; it cannot be used towards the requirement!

 

If they have started it before then see 5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK  in the appendix.

 

11 hours ago, iancnx said:

Just planning whether I can arrange it that we all leave as a family, or do I need to physically start work first, and they follow later? 

Sorry, I don't understand this. Leave where? Follow later to where?

 

Are you actually asking about an application for the initial visa? As you originally said

On ‎25‎/‎01‎/‎2017 at 10:34 PM, iancnx said:

So for the second and third periods, you say our joint income can be used. Would that then be £18,600 each? Without savings = £37,200 as a joint income.  This is a really confusing document......

I thought you were asking about FLR and ILR and my answers about earned income above are based upon that!

 

If you and they are still in Thailand, you have a job in the UK to return to and wish to use the income of that job towards the requirement, then the earned income requirement is slightly different. 

 

See either 5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK or 5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK in the appendix; whichever is relevant to your situation.

 

Note, though:

1)The applicant's (your wife's) potential earned income once in the UK cannot be used for the initial visa; even if they have a confirmed job offer in the UK.

2) If you are using your earned income once in the UK, you must have a confirmed job offer starting within 3 months of your arrival and either

• have earned at least the required income for at least the 6 months prior to leaving Thailand, or
• if not then move to the UK without your wife, and be in that job earning at least the required amount for 6 months before she can apply for her settlement visa.

Finally, whether applying for the initial visa, FLR or ILR the evidence required depends on the way or combination of ways you are meeting the requirement; see both the relevant parts of the appendix and Immigration Rules Appendix FM-SE: family members specified evidence.

 

[iancnx]

7by7.  Many thanks for replying.  Thanks for the guidance on cash savings confirming I am correct with £25k.  Thanks for the clarity regarding my shares account.

 

My apologies for the confusion.  I currently live in Thailand and have been here for 10 years, I am married to a Thai and we have a Son (British Passport).  My £15k pension is an armed forces pension.  

 

The visa I am hoping to apply for my wife is the 'family of a settled person' visa.  I am job hunting currently for a perminent contract position in UK and hopefully will be travelling to UK (on my own) for interviews soon.  If appointed and I have contract in hand, I will immediately rent a property in the locale and so will have a signed lease.  At the point of a signed contract and lease, my wife will press the button to apply on-line to apply and wait for her interview/ handover document date in Bangkok.  I will fly back to Thai with UK banking savings proof, contract of employment and lease to support her application.  Depending on my work start date in UK it is conceivable I might still be in Thailand when she goes to BKK with passport.  Or if I HAVE to have started work, I will go back to UK and wait for wife and son to join me.

 

I have just realised "family of a settled person" implies I will have already settled and am at work...hmmmm.  Is that the case? In which case I have answered my own question.

 

Does that make sense? Have I missed anything? 

[iancnx]

I just re-read your post....

 

Quote

2) If you are using your earned income once in the UK, you must have a confirmed job offer starting within 3 months of your arrival and either

• have earned at least the required income for at least the 6 months prior to leaving Thailand, or
• if not then move to the UK without your wife, and be in that job earning at least the required amount for 6 months before she can apply for her settlement visa.

 

 

 

First bullet.  I am not earning anything in Thailand other than 17,500 per month rent on my condo.

 

Second bullet.  Does this mean if I cannot satisfy the savings element we are destined to be separated for 6 months?

 

 

[iancnx]

I wonder can I use the baht 17,500 per month rent?  That would be more than £4K so would cover the £3600 deficit on annual earnings?  I have a lease agreement and the bank could produce a letter showing 17500 credits monthly for past 2 years.  I declare this income to the Thai Tax authorities.

[iancnx]

Thanks for your patience 7by7

[7by7]

5 hours ago, iancnx said:

I have just realised "family of a settled person" implies I will have already settled and am at work...hmmmm.  Is that the case?

 

For immigration purposes 'settled person' means anyone who has the legal right to live in the UK without restriction; whether they are currently living in the UK or not. As a British citizen you are a 'settled person' even though you currently live in Thailand.

 

4 hours ago, iancnx said:

First bullet.  I am not earning anything in Thailand other than 17,500 per month rent on my condo.

I wonder can I use the baht 17,500 per month rent?  That would be more than £4K so would cover the £3600 deficit on annual earnings?

 Rental income from property you or your wife own, whether in the UK or overseas, can be used towards requirement as it counts as unearned income. Provided the general requirements in 6. Non-employment income and specific requirements in 6.2. Property rental – further guidance of the appendix are met. One of which is that the property is not also your main residence.

 

You can combine this income with your pension, which will then, as you say, put your total income above the minimum required.

 

But what will happen to this property when you move to the UK? Will you still own it and be renting it out and receiving the income or do you intend to sell it? You need to show that you will continue to have the income once in the UK; so if this rental income were to stop when you leave Thailand, I'm not sure if you can use it.

 

However, if you were to sell it prior to the application, then that money can be used to meet the requirement through cash savings; with or without any savings you already have. See paras 7.4.10 to 7.4.15 of the appendix.

 

4 hours ago, iancnx said:

Does this mean if I cannot satisfy the savings element we are destined to be separated for 6 months?

If you cannot satisfy the requirement through any method other than your earned income from your job once in the UK; then yes, I'm afraid so.

 

Though your wife could apply for a visit visa to be with you and your son in the UK during this period. But she would need to:

• return to Thailand at the end of her visit visa to apply for settlement, standard visit visas cannot be converted to settlement inside the UK, and;
• convince the ECO when she applies for the visit visa that she will, indeed, do this and not simply overstay her visit visa once in the UK.

I should at this point stress that my advice is based upon my reading and understanding of the various UKVI and Home Office guidance. I am not a professional. Your situation does seem more complex than usual, and you may be well advised to seek professional advice. In which case i would recommend the forum sponsors Thai Visa Express.

[iancnx]

Thank you 7by7. I think it is clear now.  The only other thing I need to check is the requirement to show where we will live.  My UK current address is family owned this is where my pension is registered and my bank account.  It Is 3 bedrooms with only one adult occupying with no children, so is big enough for the 3 of us, + the owner to live in comfortably.  The intention is to rent somewhere prior to buying wherever future work and schooling  will take us.

[7by7]

In the application your wife needs to show that there will be adequate accommodation immediately upon her arrival in the UK. Where you all may move to afterwards is irrelevant to the application.

 

From what you say, I assume that you will be initially staying with this family member until you have sorted a place of your own; which is fine and what your wife should say in her application.

 

The family member with whom you will be living should write a letter of invitation in which they briefly describe the property and who else lives there to show there is room for you all. Evidence that they own the property, or if they rent a letter from their landlord confirming that they are happy with the arrangement, is useful, but not essential.

 

See MAA9 Assessing adequate accommodation onwards.

[iancnx]

7by7.  We have decided to combine the condo income with my pension as the simplest and hopefully quickest option.  Thanks for the MAA9.  Really useful and can facilitate those requirements. Many thanks for your guidance. Fingers crossed all comes good.

 

One last point. Once the visa is issued, what is the validity?  I mean how many weeks /months do we have before she has to use is entering UK for the first time.

[theoldgit]

One last point. Once the visa is issued, what is the validity?  I mean how many weeks /months do we have before she has to use is entering UK for the first time.

 

The visa vignette is only valid for thirty days, by which time the biometric residence permit has to be collected from the designated Post Office.

It's best to give the planned date of travel during the application process, they should then date the vignette from that date.

You can ask to extend the validity of the vignette after issue, but that does, as you would expect, incur a fee.

 

[7by7]

9 hours ago, theoldgit said:

The visa vignette is only valid for thirty days, by which time the biometric residence permit has to be collected from the designated Post Office.

 See Getting your BRP

Quote

If you applied from outside the UK

Collect your BRP once you’re in the UK. You must do this before your vignette expires or within 10 days of arriving in the UK, whichever is later.

Check your decision letter. It will tell you to collect your BRP from either:

• a named Post Office branch
• your sponsor, if you chose this option when you applied