UK Family-based Sponsorship

Family Visa or a Settlement Visa

British citizens may sponsor their spouses, their common-law partners with whom they can prove that they have lived with for over 2 years, their fiancé,(é) or child, the parent or any other relative who’ll provide long-term care for them.

The procedure requires that the British citizen prove his financial stability is above a statutory level, that the foreigner has passed an approved English test and that their marriage is genuine.

The grueling procedure can take several months and is very tough on the couple. Just under 50% of spousal sponsorship applications are refused. Member of Parliament Olivia Chow calls this high refusal rate “cruel and arbitrary”

FAQ’s

I wish to sponsor my foreign wife but I do not understand the Financial requirements Guidance. I am currently self employed as a photographer, but also have a part time job in a restaurant? My father can show funds but these are in his account? How do I show that I fulfil the requirements?

Mike from Slough

DRSI LAW Response

“Mike, your question that you sent us is far from strange. The Home Office Guidance for spousal visas are extremely confusing. Let us assist you to understand your situation. If you look up the Guidance, which is called : “Immigration Directorate Instruction Family Migration- Appendix FM”, you shall see that there are categories of income that can be accumulated together, and sources of income that unfortunately cannot be considered as one. The minimum income threshold for a Partner or Spouse who is applying under Appendix FM from 9 July 2012, without dependent children, is £18,600. An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child The onus is on the applicant to demonstrate that the financial requirement is met in their case. Promises of support from a third party cannot be counted towards the financial requirement. So unfortunately, dad cannot help out by promising that he will sponsor your wife in the future. The following table shows how these sources can and cannot be combined with each other. See the relevant section of this guidance for further information:

So to answer your question, we can see in the table above that your earnings from your photography will fall under “SELF Employment”, which comes under Category “F”; and your earnings from your part time job in the restaurant will come under “Salaried employment” Category A or B ( if you have been with your employer for less than 6 months). According to the table if we match the two together – we see a ☑️- which means the you are permitted to calculate both these earnings together. We wish you the best of luck Mike and hope that you are your loved one united together soon.

English

UK Family-based Sponsorship