In practical terms the requirement is not always as straightforward as showing that the minimum salary requirement is met. The Home Office has particular rules for the way a person's salary is calculated and it is important to understand these as otherwise problems can occur.
We have recently dealt with a number of complex cases where, on the face of it, the individual did not meet the financial requirement but we were able to assist them nonetheless. Every case is different but the following case studies highlight some of the issues which can occur.
Case Study A
In this case we were contacted by an individual who was the director of two companies. He received a salary from both of these companies as well as dividends as a shareholder. His combined salary from the companies was in excess of £20,000 per year.
Unfortunately, when someone is a director of their own company, the Home Office does not consider their salary in the same way they would consider a salary paid to an employee. Unfortunately, they treat the individual as self employed and they have to provide additional evidence for the last full tax year.
The individual's companies had different tax years and, since it is not possible to combine income from different tax years, he fell short of the £18,600 requirement in the period that would be considered by the Home Office. This meant he would need to wait several months before he could apply for his wife's visa.
We were able to identify possible dividend payments that could still be counted and would take him over the required threshold so he could make an immediate application.
Case Study B
In this case our client was an employee of a company and earned more than £18,600. Shortly before his wife was due to submit her visa application he changed jobs. Normally, this would not be an issue as we could show he had earned £18,600 in the last 12 months and was being paid at least £18,600 in his new job. Unfortunately, our client's new salary was expressed as a day rate rather than an annual salary due to the nature of his contracting arrangements.
The Home Office draws a distinction between "salaried employment" where someone earns a regular wage and "non salaried employment" where someone's salary varies depending on the number of hours or days they work.
The way the Home Office calculates "non salaried employment" requires them to consider the average of the last 6 months earnings from this type of employment, and since our client had previously been in "salaried employment", his previous earnings from "non salaried employment" were 0. As a result he could not meet the visa requirement.
We were able to help our client calculate the exact point where his 6 month average would be sufficient to meet the financial requirement, and we then helped to gather the relevant evidence and explain the situation to the Home Office. The visa has now been granted.
,Summary
These case studies demonstrate how easy it is for someone who is earning over £18,600 to find that they don't meet the financial requirement for a partner visa. It is not enough to simply be earning £18,600, instead it is necessary to be earning in a way that is acceptable under the Immigration Rules and provide the correct evidence of this.
Other factors which can complicate a spouse visa application include:
- where someone works part time or works for different employers;
- where someone is on maternity leave;
- sole traders with an accounting period which differs from the UK tax year;
- those relying on rental or dividend income; and
- cases where someone relies on savings to meet the financial requirement.
The evidence required for each case and vary greatly depending on circumstances, and with the increasing cost of visa applications it is vital to get it right first time.
We are specialists in dealing with complicated visa applications and our expert team can offer a range of fixed fee support packages including:
- completing the applications forms on your behalf or reviewing forms completed by you;
- reviewing the supporting evidence and suggesting additional evidence that should be provided to the Home Office; and
- submitting applications to the Home Office along with detailed covering letters explaining exactly how the financial requirement is met.
All of our support is tailored to individual cases and is designed to give you the best chance of success. If you would like to discuss how we can help with a visa application for your husband, wife, fiancé or unmarried partner. please get in touch for a free, no obligation, discussion.
Testimonials
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- Mr Leonard - September 2016
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