Financial Requirements for Spouse/Partner Visa and ILR

Hello Charmed and Malky,
Firstly let me give a warm welcome here to the forum.

Secondly, I'll try to give some very basic help and insight into the issues you raise in connection with visa applications

As I suggest to everyone please do take time out to study the UKBA webpage for partner/spouse visa requirements.

May I also kindly suggest you review this forum thread (just click on this highlighed thread) - How to apply for a Partner/Spouse Visa Under New Rules

Hopefully it will provide a good insight into the basic requirements that UKBA want.

Regarding the issues you and your husband, malky, have raised I'll try to provide clarification to help point you in the right direction.

1. Savings

The ONLY way that savings may be used in the visa application, is when the level is ABOVE £16,000.
This is based on cash savings above £16,000 held by either the applicant, the partner, or both jointly for at least 6 months prior to the application.
Savings may be used instead of income or combined with income in order to make up for any shortfall in the appropriate threshold level.
Only that amount over £16,000 can be used and needs to be divided by 2.5 to give the amount which can be used.
This is to reflect the 2.5 year period before the applicant will have to make a further application.

As an example, if the income was £12,000 that would be a shortfall of £6,000
To use savings to make up for the shortfall it would be necessary to have (£6,000 x 2.5) + £16,000 = £31,000 savings needed.

Likewise if there was no income at all then To use savings to make up for the shortfall it would be necessary to have (£18,600 x 2.5) + £16,000 = £62,500 savings needed.


2. Income Required

With no exemption and as an employee the UKBA requires a GROSS annual income of £18,600 (couple with no dependants).
UKBA has no interest whatsover in affordability. Means they are not interested in any deductions for housing costs, living costs or any loans/credit cards etc.
The decisions are based SOLEY on GROSS INCOME. Period.


3. Exemption from meeting Financial Requirement.

There are cases where exemptions currently apply when the applicant’s partner is in receipt of:-

- Carer’s Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance

In these cases the applicant will need to provide evidence of what is called “adequate maintenance”
This is instead of meeting an income threshold.

The term “adequate maintenance” is defined by The Immigration Rules to mean that, after housing costs have been deducted, there must be an amount of money
left available to the couple/family that meets the current level of Income Support Rate benefit.

For the tax year 2012-2013 the Income Support Rate is currently £111.45 per week

Income Support Rate may or may not change in April 2013. Usually it would increase in line with inflation, but this seems unlikely.

From the information you have divulged, it seems that your husband would qualify for exemption AND also be able to evidence funding above the level of Income Support.

4. Future of exemptions

Apart from the announcements and schedules already made there are no known impacts on the UKBA allowed exemptions at this time

We do know that Personal Independence Payment (PIP) will be introduced to replace Disability Living Allowance (DLA) begining in April 2013

We also know that claimants of specific incapacity benefits will be reassessed by the Department for Work and Pensions (DWP) by March 2014 to see if they are fit for work or should be moved onto a different benefit:-
- Incapacity Benefit
- Severe Disablement Allowance
- Income Support paid on the grounds of illness or disability.
Incapacity Benefit is being abolished. Between 2011 and 2014 individuals receiving Incapacity Benefit will have to undertake a Work Capability Assessment to decide whether they are capable of work.

Here again there are no known impacts on the UKBA allowed exemptions at this time.

For the case of Industrial Injuries Disablement Benefit in many ways it MIGHT depending on how the assessment was made and how long the assessment period will last.
It is possible that the assessment is for a fixed period, in which case it might become variable or the assessment might be fixed for life which indicates no variability.

I have only limited knowledge on benefits, but as far as I know Industrial Injuries Disablement Benefit itself will not be changed or abolished.

As far as the visa application is concerned relating to meeting the Financial Requirement, there's no Home Office or UKBA announcements of changes.
Whether or not exemptions will still apply in the future is not known.
Whether of not the Income Thresholds will be increased is not known

Hope this writing will answer some of your questions

Good day, Micawber!

First of all, thank you so much for the warm welcome for my husband and me on this site. I am really happy I decided to sign up here and encouraged my husband to do the same, as both of us find this site really helpful, even as early as now. (We signed up just a few days ago.)

Secondly, I would like to extend my much appreciation for taking time out to reply to my inquiries and explain things clearly, as far as your knowledge of these things. We really learned a whole lot in this aspect and I'm sure other couples out there who share our questions may have picked up some answers, too.

If I may, I would like to raise another question again, in relationtion to applying for spousal visa:

1. We got married through civil rites here in the Philippines, is our marriage also recognized in UK?
2. I have already started to update all of my documents here in the Philippines, like company records, income tax, social security, government health insurance, company-benefit (private) health insurance. I have already changed my status from being single to now- married and chose to use my husband's surname. Next things I will update are my driver's license and my passport. After these, we are now at a lose as to which things to do next, what steps to take next? We wish to slowly gather and process some minor documents while we are biding time to add up our savings and saving funds for visa fee, medical exams, flight expenses (I am living far from Manila/Makati where the UK embassy is located), hotel accomodation while I will be processing the papers in UK embassy, and all the other things that we need to spend on along the way. While we are in this stage of saving up, could you point us to the right direction as to what things to do next? By the way, I have already taken the IELTS (general) tests and got 7.0 overall band. It will expire in September or October 2014 thus, my husband and I would want to be able to fully process my papers starting January of next year so I could follow him in UK by June/July, hopefully, long before my EILTS certification expires.

Again, our heartfelt thanks for helping us by providing concise information.

Why dont you try emailing them directly manilavisaenquiries@fco.gov.uk they might be able to answer your questions? but you have to wait for 7 days for their reply though

handai,
Rather than me sharing what I think the reply to such questions from UKBA would be, why not try to e-mail them yourself just for your experience.

You might find it interesting and worthwhile.

Here's one of the principles they adopt:-

Im a bit confused here, I dont remember asking you to email them Micawber

Those flags are a cracker! nice one

Good day all!

I am still at a loss on what papers I should process next. I got married with a UK citizen last 28th of December 2013, and he is currently residing and working in UK. He is regularly receiving Industrial Injury Disablement Allowance but we are still in the process of building up our bank savings to prove to UKBA that we can adequately support ourselves without the need to recourse to government funds.

I have already updated most of my records and ID's - changed my status to "married" and am now using my husband's surname. I am still waiting for the authentication of our Marriage Certificate from the NSO (National Statistics Office, Philippines). I was told that for those living in the cities/provinces outside Manila/Metro Manila, it usually takes from 3 months - the fastest, to 6 months (or for some, 1 year). By the way, I have already taken the IELTS (general) exams and I got 7.0 overall band.



We are planning to apply for spousal visa starting January next year and hoping I could follow my husband in UK in June 2014. While waiting for our NSO authenticated marriage certificate, I don't know what papers to process next?PLEASE HELP US. Thank you.

Good day to everyone!
I am a UK citizen just currently married a Filipina last Dec. 2012 in the Philippines. Right now, I am back here in UK 'coz I am working here and my wife is still left in the Philippines where she is also working. We are planning to push through with applying for her UK spousal visa next year starting January so she could finally be with me by June 2014. I am currently receiving an Industrial Injury Disablement Allowance and I understand I am expempted from the Financial requirements although I still need to prove that I am able to support both of us here in UK without the need to avail of any government funds. So far, my wife is "studying/researching" all that needs to know about it and devotedly writing down notes of all that is being discussed/advised here in this forum, she keeps a notebook just for this.
My question is: can I process my wife'es spousal visa here on my end while she is currently working and residing in the Philippines? If yes, what, how and where should I start?
I will be waiting for any helpful reply. Thank you all.

Hi charmed.

Did you so far review the forum thread link I previously provided? - How to apply for a Partner/Spouse Visa Under New Rules


I do think it will give you some useful insight into the specific documented evidence that is currently required by UKBA when making a visa application.

You'll find all the key issues concerning eligibility for a UK Partner/Spouse settlement Visa.
Additionally you'll find details on how to apply, and all documentary evidence you'll need to supply. (paperwork to process)

As mentioned in my previous post the use of savings is somewhat restricted.
Savings are only required if there is a shortfall of income or no income at all.
Additionally ONLY savings amounts OVER £16000 will be allowed to be counted in such cases.

What do you have in mind in how you will use any savings?

Actually charmed, that's quite some way off yet. There are sure to be some further changes to immigration rules before January 2014
Most of the documentary evidence you need to submit with the application will need to be 'current and up-to-date' at the time of application submission, so you
just need to make a list of the paperwork needed and then update the requirement whenever UKBA publish changes.
Almost all the evidence will need to be 'processed' within the 6 month period prior to date of application.

Please do take some time to read the link I've provided. It will help you understand the process and what's needed.
You'll see that within that linked thread are the important links to UKBA webpages applicable to you as spouse.

Once you've reviewed that thread you'll be in a much better position to ask any specific questions relating to your own individual circumstances.

In the meantime you should start putting together a collection of evidence to support the UKBA requirement that your relationship is genuine and subsisting
(please follow that link)

Here's another very helpful webpage link on Applying for a UK visa in the Philippines

You should take note of the nw requirement for B screening.

You should also review the CFO Website (Commission on Filipinos Overseas) which details how you need to comply with regulations for Filipinos leaving the country with immigrant VISA
You'll need to attend a seminar then once you have a visa you'll need to secure the CFO Sticker.


If you have any questions on the contents of this post just let me know.

PS: May I kindly ask, why do you plan to wait such a long time before making a visa application??
Is there some reason that prevents you from making application during 2013?

Malky,
Firstly please do review the posting I made above for charmed.

The visa application will be made 'online'
You will both be able to access the application online with the ability to add information and change information. There is some time constraint on acess to the saved application so you'll needto be aware of that.
My suggestion woud be to print off a hard copy of the current application forms and guidance notes so you'll be able to work through the questions without any dangers of loss of saved data.

Payment for the visa application must also be made online. It would be worthwhile checking out these requirements so there are no surprises.

I strongly suggest you both follow all the recommended links already given.
Please also click here to follow the link to Applying for a UK visa in the Philippines

Take extra note about the new TB Sreening. As it stands right now UKBA will only accept attendance at their authorised clinic in Manila.

Hope this helps

Thank you very much for all the threads/links you gave. I am really researching and listing down important/key points and most of all the required paper works.

Much as we would like to be together as soon as possible there are priorities, sadly, that we need to put first, like sharing the burden of paying off all of my credit cards' accumulated balances while both of us are still working (my husband in UK, and me here in the Philippines). Because we have anitcipated that once I follow him in UK I need to adjust for a few months and may take me a while to find even a part-time job. Meaning, only one will be working in the family. Though it will really be sufficient enough to support us both, but there won't be big extra amount to pay for the credit card balances. My husband wants both of us to pay off (as much as possible) all my debts first as soon as we can, and then terminate the credit card accounts (he has his credit card account in UK anyway, and he asked the bank to issue one for me thus, I have my own card, too) before I go and be with him in UK. Also, we are in the process of making some repairs in my house (from my maternal side) where I'm currently residing, and we need to have it subdivided and separately titled from the mother title so that we can have it rented on a contractual basis. Thus, we will be ensured that we have a house to come home to whenever we decide to come back, maybe for a few months vacation. While we are doing those things at the same time, he needs to build up our savings in the UK bank for my visa and papers processing fees, plus the amount we need to show to the UKBA as his/our savings to support us both when I will be with him in UK.
As you can see, so many things to accomplish before we file our visa application thus, he told me to start processing in January 2014 yet. It is really a big sacrifice on our part because it surely is like hell being away from your spouse and missing his presence and company. But he said priorities should be properly put in place. Meantime, we suffice ourselves with chatting, texting and doing Face Time every day, sometimes 2x a day even, and watching each other overnight - whenever we can, by leaving Face Time on while the other is sleeping.

Most of us that are in the same situation do the same thing

Hi,
If you read HC1039 NEW RULES IMMIGRATION DIRECTORATE MARCH 2013 IT STATES AND GIVE AN EXAMPLE..CASE STUDY WHERE 100% CASH SAVINGS LIQUIDATED FROM FINANCIAL INVESTMENTS (STOCKS/SHARES) DO NOT HAVE TO BE HELD FOR 6 MONTHS BEFORE APPLICATION DATE..AS LONG AS BEFORE THIS DATE..SO CASHED JUSTS WEEKS/DAYS BEFORE!! .ANY LAWYERS OUT THERE WITH COMMENT ABOUT THIS?

I only earn like £14k per year.. so does it mean that i need to have £16k in savings AND THEN pay the shortfall? All very confusing please someone help me understand this!! My wife and daughter are out in the Philippines and because of this financial requirements it's stopping me from being with my wife AND my daughter's growing up without me.

Does this affect my wife's application for PBS TIER 1 POST STUDY PARTNER visa?

Mark, you might want to try and give an Immigration agent a call. I found that by chatting to them that I could normally get a little info out of them. Of course they are aware of that so tend to give little away but at the same time they want your custom. So you have an opportunity to get them to help you. There are plenty on the internet. Select one of the many OISC approved advisers. There are a few scammers about so be careful.

I did this quite successfully when I was looking into my wife's spouse visa. Behave as if you might well want to use them without actually instructing them to act for you. Simply ask the question straight out. You and they would need to establish whether your wife would be eligible before they take you or anyone else on so they have to give some info away.

I was also evaluating them for suitability, at the same time as seeking information.

Hope this helps.

Thanks for the info.