Overseas expats returning to the UK with the family – Cash or Savings?

On 9 July 2012, the UKAB updated its polices for visa applications under the marriage and family category. One of the important changes that has been implemented ever since is the financial requirement which the applicant and the applicant’s partner (sponsor) must meet in order to be considered for a visa under the marriage and family category.

Depending on the individual’s case scenario, a couple can rely on either the employment income of the applicant’s partner or the savings held under the name of the applicant’s partner, the applicant or jointly. To find out the level of income or savings that a couple need to meet for satisfying the financial requirement, please visit the UK Spouse And Civil Or Unmarried Partner Visa webpage within this site.

In this article, we will explain how the overseas expats can meet the financial requirement if his/her non-EEA partner is submitting an entry clearance visa application under the marriage and family category. This discussion applies ONLY to the cases where the applicant’s partner already has a confirmed job offer in the UK, starting within 3 months of their return.

In general, in order to be considered for a visa, a couple needs to demonstrate that they are financially stable and will remain the same after their return to the UK without recourse to the public funds. To understand which sources of income or savings can be taken into consideration as evidence of financial stability and for satisfying the financial requirement, the overseas couple first needs to assess the current employment status of the sponsor.

The relevant guidelines published by the UKBA are divided into two categories:

A. The applicant’s partner (sponsor) has been working with the current employer for 6 months or more. And, the employment will continue on the date of the application.

B. The applicant’s partner (sponsor) has been working with the current employer for less than 6 months. The sponsor does not need to be employed at the date of the application.

CategoryAB
Currently financially stableSources of income that can be taken into account for meeting the financial requirement are:Sources of income that can be taken into account for meeting the financial requirement are:
 The sponsor’s employment income for the last 6 months alone; or combined with any or all of the followings:The sponsor’s employment income received in the last 12 months alone; or combined with the followings:
  • Non-employment income
  • Cash savings
  • Pension
  • Non-employment income
  • Pension
Will remain financially stableSources of income that can be taken into account for meeting the financial requirement are:Sources of income that can be taken into account for meeting the financial requirement are:
 Gross starting salary or income from the sponsor’s employment in the UK alone; or combined with any or all of the followings:Gross starting salary or income from the sponsor’s employment in the UK alone; or combined with any or all of the followings:
  • Non-employment income
  • Cash savings
  • Pension
  •  Non-employment income
  • Cash savings
  • Pension

 

The process of assessing if a couple satisfies the financial requirement is very complex. It requires the applicant to submit specific evidence to demonstrate how the couple meets the requirement. As a specialist in the UK immigration, we have successfully assisted many overseas expats and their family members in applications submitted under the marriage and family category. If you or your family requires expert advice and assistance, please feel free to contact us.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.