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Financial Requirement updated August 2017

Discussion in 'UK Visa and Immigration Help' started by Dav3&Ai5a, Aug 10, 2017.

  1. Dav3&Ai5a
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    Dav3&Ai5a Active Member

    • Informative Informative x 1
  2. John Surrey
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    John Surrey Well-Known Member

  3. bigmac
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    bigmac Well-Known Member Trusted Member

  4. Kareena Fortu Miñon
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    Kareena Fortu Miñon Member

    Hi! Can someone shed more light about this? Will this have any major changes the way we apply spouse visa with one dependent child?
  5. John Surrey
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    John Surrey Well-Known Member

    I think this explanation will enable you to decide whether you might be able to benefit in some way from the change:

    From 10 August 2017, there will be changes to the Immigration Rules on the minimum income requirement imposed on people applying for visas as the family members of those settled in the UK. The changes are in response to the judgment of the Supreme Court in the case of MM (Lebanon) and others v Secretary of State for the Home Department, which was decided in February 2017.

    The Lebanon case challenged the requirement in the Immigration Rules for non-EEA family members of persons settled in the UK to prove they have an annual income of at least £18,600 (plus additional sums for dependant children) when applying for a visa to live with their family in the UK. The rules on meeting the financial requirement are complicated but, in general, only allow the current salary of the non-EEA visa applicant to be taken into account if they are already in the UK. So, for example, if a dual British and Australian national and her Australian husband want to move to the UK, the husband will only meet the financial requirement if his wife has a job with a salary of £18,600 or they have substantial savings or other income. His current salary cannot be taken into account.

    The case was brought by a number of individuals whose visa applications had been refused for failing to meet this requirement, including a family with children. The Supreme Court decided that whilst the minimum income requirement is acceptable in principle, the Immigration Rules and guidance were unlawful as they did not make clear that the Government also has a duty to safeguard and promote the welfare of children when making decisions which affect them (in keeping with Article 8 of the European Convention on Human Rights, the right to private and family life).

    In light of this, the Immigration Rules will be amended so that, from 10 August, when processing these visa applications the decision-maker will consider alternative sources of income or support when considering whether the minimum income requirement is met (such as ‘credible’ guarantees of support from a third party or ‘credible’ prospective earnings from sustainable employment). They will do this where the minimum income requirement is not otherwise met, but there are exceptional circumstances which could mean that refusing the application would lead to ‘unjustifiably harsh’ consequences for the applicant, their partner or a child.

    This change could lead to more successful entry clearance applications from family members of British/settled persons, which, with Brexit looming, may be an attractive alternative visa route for families looking to settle in the UK in the future. However, the changes also introduce a much greater degree of discretion for the decision-maker which could lead to inconsistency in the treatment of cases. The rules and guidance in this area are becoming increasingly complex and so it is crucial to carefully check that you meet all of the criteria before applying for a family of a settled person visa and take legal advice as necessary.


    https://www.doyleclayton.co.uk/reso...ent-when-applying-family-settled-person-visa/
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  6. Timothy2016
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    Timothy2016 Member

    What does all this mean ? I have 3 jobs warning in total £18600 would I be Ok to bring my wife ?
  7. Maley
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    Maley Well-Known Member

    I think its saying that the income of non-british partner (or a third party) might be taken into consideration during the application especially when there are children involved.

    So the requirement of £18,600 doesnt change under normal circumstances.
    Last edited: Aug 15, 2017
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  8. Kareena Fortu Miñon
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    Kareena Fortu Miñon Member

    Thanks you for this! Now i understand it better.
  9. Timothy2016
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    Timothy2016 Member

    What ?? Are you saying it's my wife who needs to be earning £18600 ?

    I thought I need to be earning that. I'm the British nation married to her and want her here with me
  10. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Do you earn £18600 then you will be fine. What the new guidelines say is a partner's earnings could also be taken into consideration
    So say you earned 18000 you would be short but if your wife earned 10000 then it's 28000 coming in
  11. John Surrey
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    John Surrey Well-Known Member

    You have to read it in it's entirety... not just pull the bits out of it that you like.
  12. John Surrey
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    John Surrey Well-Known Member

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