The financial requirement for the partner visa is met if the sponsor, the UK partner, has an income of at least £ 18,600 per year or the couple has savings of at least £ 62,500 (a little over ‘there are non-UK children to sponsor in the same application). Financial needs can be met through a combination of savings and income. The rules are quite prescriptive with regard to the sources of income and the documentary evidence required to support the claim. The proof requirement depends on the source of income and one of the most common grounds for denying an application is failure to meet the proof requirement.
The financial requirement is met if the sponsor receives one of the disability benefits listed below. However, you must still demonstrate that the sponsored partner will not be a charge on public funds but does not have to present a minimum income.
The list of eligible services:
- Disabled allowance;
- Severe invalidity allowance;
- Disability compensation for industrial accidents;
- Attendance allowance;
- childcare allowance;
- Personal independence payment;
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
- Long-term care allowance, mobility supplement or war invalidity pension under the war pensions scheme; Where
- Police injury pension.
What if the financial requirement is not met?
In exceptional circumstances where the denial of the application could be unduly severe for the applicant, the financial needs of their partner or child may be met through other sources, such as third party assistance, potential income. credible or other sources of income not available at the time of application but which will be available once the visa is granted.
Exceptional circumstances are an important part of the rule that is often overlooked. The wording of the rule, and in particular the phrase “unjustified harshness” is often misleading for the claimant. In fact, almost all refusals are severe, and few families would readily accept that, in their case, the severity was warranted.
So what are the exceptional circumstances?
Exceptional circumstances in entry authorization requests
It is certainly more difficult to assert exceptional circumstances in applications for entry permits. If both partners are based outside the UK, they must demonstrate that they not only prefer to move to the UK but are unable to continue their family life in the country where they live. Normally you should show a significant change in circumstances – this is where the Home Office would start the assessment.
If you have a child who is a British citizen by birth, the best interests of the child would be a primary consideration. Yet given that the UK has left the European Union and is no longer bound by the case law of the European Court, there is no inherent right for a British child to be brought up in the UK. (what is called Zambrano after the judgment of the ECJ). Instead, you will need to show that denying an opportunity to be raised in the UK could or would cause the UK child significant hardship. This sets the bar much higher than the best interests of the child.
What could or would be unduly harsh
Here, the Home Office has taken a breathtaking approach: where the denial could be unduly severe, the financial need may be met from other sources. where the refusal would have be unduly severe, it is not necessary to meet the financial requirements.
The difference between could and would have is difficult to pin down. It can be said that when the risk of hardship is more than hypothetical and the economic considerations of the State would not justify the seriousness of the consequences for the family of the applicant, the conditions of this article of the rules are fulfilled. For example, if a family with a UK child resides in a country where the education system is significantly below the UK standard and the family is unable to meet financial needs because the level of income in this country is much lower than that of the United Kingdom, they can establish the potential harshness of the effect of the lost opportunities for the child. They would then have to show that economic considerations would not justify this stringency – they would meet financial needs from another source, for example, through income in the UK if there is a job offer or support from the UK. ‘another family member.
When the refusal will inevitably lead to unduly harsh consequences for the family, the economic consideration of the State would not be weighed. However, that would be a pretty extreme scenario. For example, if a family with a UK child resides abroad and the child is in urgent need of medical treatment which is not available in the country of residence AND the UK parent cannot take the child in the UK without the other parent.
In applications for an entry permit, i.e. applications made from outside the UK, it is more common to rely on other sources of income, i.e. – say about “could” scenarios. Where there is no other source of income, the claim would inevitably end up in court and the question for the judge will be whether the severity of the denial is justifiable in the given circumstances.
Exceptional circumstances in residence permit applications
Visa extension requests made from the UK are easier, as the family would have already established family life in the UK and the denial would disrupt that family life.
Normally, requests for extension of stay when the couple are unable to meet the financial requirements due to an unexpected change in their financial situation – layoff, termination of employment, illness – or due to any setbacks in their life. temporary nature, should not justify their expulsion from the UK, with the inevitably harsh consequences that would entail.
If there is a British child affected by the decision, I would say that their family’s deportation would be unwarranted in virtually any scenario.
The above doesn’t really mean that once you’re in the UK it doesn’t make any difference whether or not you meet the financial requirements. In particular, families without children who cannot meet financial needs from other sources (reliable future income, help from friends and family, etc.) should demonstrate that the disappearance of their financial situation is a temporary matter. and would be over soon.
Granting of leave when the financial conditions are not met
When the financial conditions are not met but the Home Office approves the request, the applicant is allowed to enter or stay under the 10 years path. This means that they could not apply for indefinite leave to stay after five years of residence, but would first have to live in the UK for 10 years. This amounts to making three requests for extension of stay which entails a significant cost, compared to the five-year course.
You can switch from the 10-year route to the 5-year route at any time, as soon as you meet the financial conditions. The timeframe towards the five-year path will begin from the date of approval of the application. The Immigration Health Supplement that was paid with the previous application is not transferable and you will have to pay it again even if you reapply shortly after your previous leave was granted.
When you know that the financial requirement will be met very soon but it is not met by the date of the application, sometimes we ask the Home Office to put the application on hold so that the applicant does not have not to pay twice for the request.
Contestation of the partner’s visa refusal for non-compliance with financial conditions
The refusal of a partner visa application or a request for an extension of stay may be appealed to the immigration court. If you are in the UK and your application was made on time, you continue to have the right to work until the appeal is decided. You must appeal within 14 days. The call is made online. You will need to indicate whether you want an oral hearing or a paper hearing. We strongly recommend that all appellants choose an oral hearing, as you will have the opportunity to speak to the judge and address any unexpected issues on the spot.
Your employer will need to obtain confirmation of your right to work online. You will not be allowed to travel during this time as your appeal would be considered withdrawn if you are traveling.
If you have been denied an entry permit application, you also have the right to appeal to an immigration court in the UK. If you have a representative and having a professional representative on a call is highly recommended (even if you have researched all online resources and feel comfortable with UK immigration law) , you can opt for an oral hearing so that your representative can speak to the judge and perhaps your sponsor can also testify.
The appeal is filed online and you will receive an email notification of the status of your appeal and the timeline for next steps. As a first step, the Interior Ministry will be invited to review the decision and confirm whether it wishes to reconsider its position. It is therefore preferable to include any additional documents that might help the Home Office to change its position, together with the grounds for appeal.
Calls take a long time, especially calls abroad. You can expect a decision within 9 to 12 months.
We are proud to say that 99% of the applications that go through Kadmos have been approved by the Home Office. We receive calls from other immigration consultants and clients who have prepared their applications themselves, and so far all partner visa calls that we have dealt with (since our inception in 2007!) Have been crowned with success.