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Financial Requirements for Spouse/Partner Visa and ILR

Discussion in 'UK Visa and Immigration Help' started by Kuya, Sep 1, 2012.

  1. Davidb99
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    Davidb99 Member

    Hi
    He is still around but is immigrating back to USA with his new family soon. He is named on the birth certificate and sees the child once every 2 months. He is relatively supportive of our cause and has signed the affidavit of custody but offers the child no financial support. To support our case for the child's visa I will submit:
    - the signed affidavit of custody
    - my contract and a letter from my employer stating that through my contract the child receives free education and medical insurance
    - I will also speak to the father and 'try' to convince him to write a letter of support and stating the facts ie he is immigrating to USA with his family and that he offers no financial support

    Anything else you can suggest?

    Thanks
  2. bigmac
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    bigmac Well-Known Member Trusted Member

    i can only suggest you use a very experienced UK immigration lawyer to apply for the chlds visa. the onus is on the mother to prove she has sole responsibility. child visas are nowhere near as clear cut as a spouse visa. you need to read up on here about others child visa applications.

    ask yourself--what would happen if your wife was successful--and the child refused ( read @a8amg story ) ?

    my wifes childs visa was refused. this was all over the sole responsibility issue. if and when the time comes to try again--we will use a lawyer.
    • Like Like x 1
  3. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    @Stevembe case is very similar to this one and he was successful! There are on here successes and failures.
    • Like Like x 1
  4. Davidb99
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    Davidb99 Member


    When applying initially what documentation did you provide to prove sole responsibility?

    Thanks
    Last edited: Apr 23, 2019
  5. bigmac
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    bigmac Well-Known Member Trusted Member

    we didnt. we didnt know enough about that.

    we included a letter from my wife saying she had sole responsibility. letter from childs school, doctor and priest. no affidavit--no court order. a letter from the boys father saying he had no objection. a letter from the boys aunty who he lives with--but she was not his legal guardian. the care arrangement for the boy was very informal.

    i was naive enough to think it was a formality. now i know its far more difficult. UKVI look for any reason to refuse--in spite of all the heartbreak it causes. we handed ukvi reasons to refuse on a plate
    • Like Like x 1
  6. CatchFriday
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    CatchFriday British Expat living in Alicante, Spain

    • Disagree Disagree x 1
  7. joyce
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    joyce New Member

    I am a Filipina and my husband is British. We are married with 1 child (1yo). Me and our child is still here in the Philippines with both PH passports while my husband lives in UK and I plan to apply for UK Marriage visa while my child already has her Certificate of Entitlement to Right to Abode meaning she can live and work in UK. My questions is how much is the financial requirement salary since my child won't be applying for visa as my dependent? Is it still £18,600 or £22,400. I have been researching about the answer re financial requirements but I couldn't find any. Hope to find the right answer here.
  8. bigmac
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    bigmac Well-Known Member Trusted Member

    its £18,600 threshold for just yourself. never changed since the rule started in july 2012.
  9. joyce
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    joyce New Member

    Thank you so much. I was confused whether our child is included in the computation of financial requirements. Now I'm enlightened.
  10. uklove
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    uklove Active Member

    Sorry wrong section...
  11. Davidb99
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    Davidb99 Member

    A very long process but with help from @Mattecube we got there

    Feel free to drop a msg if going through a similar situation- happy to help
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  12. bigmac
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    bigmac Well-Known Member Trusted Member

    sorry--i missed this--congratulations....

    [​IMG]
    • Like Like x 1
  13. Levon
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    Levon New Member

    I'm in the same position, can i ask, the VAF4A ppendix 2 form that asks

    '3.11 What is your sponsor’s annual income from this employment before tax?'

    Should i put my basic salary (which is below £18,600) or should i calculate my average with overtime ( which is above the £18,600 requirements) then put that figure?
  14. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Put in the amount your contract of employment states.
    When you submit your Pay slips they will do a calculation of your actual earnings normally based on lowest amount earned multiplied by 52 to give an annual
  15. Levon
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    Levon New Member

    Thank you for the reply
  16. asgloki
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    asgloki Member

    Hi Guys, I am hoping to start my spouse visa application at the end of the month but I have some questions regarding the financial requirements. I work in a 0 hour contract and get paid weekly and I have only been working for the agency for 5 months. My annual income based on an average weekly payslip is over £24k a year but some weeks is lower then others. If they calculate my lowest week then it will fall below the £18,600. Anyone have any guidance or advice please?
    I have a kind of work contract that states my regular hours and rate of pay if that would help?

    Kind Regards
    Anthony
  17. Heathen
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    Heathen Active Member

    Hiya Anthony, Firstly congrats on getting your COF, now onto your income as you say if they calculate your lowest week it will fall below the threshold of £18.6K, if its only 1 week below can you wait until that week works its way through until it drops off ?, If thats not possible then maybe you have some savings or other income you could use towards the £18.600, failing that then you need to work with your agency to somehow make sure you dont get a week under the threshold ie maybe bank some hours then use them towards a low week to bring you above the threshold, if you follow my meaning. I dont know if any other members maybe help you with other suggestions. Of course you could try saying you earn xxxx amount per month but you state you get paid weekly so your payslips and bank statements will show weekly so they will still compute the lowest week.

    I think you need to chat with your agency explain the situation and see if you can have an earnings limit of say £400 and bank the other hours to be used for the weeks where you would come below the £400 this would cover what you need for the financial requirement and at the same time when the 6 months is up you could use the banked hours towards the visa cost. ;)

    I think that could be called creative accounting :D.
  18. asgloki
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    asgloki Member

    I have done more research and discovered that as I am classed as none salaried, I think this means that I am paid by the hour and my weekly pay changes and not per an annual fixed rate then the wage slips are calculated differently. They use the sum total of the pay in 6 months then divide it by 6 then multiply it by 12, so in this case my salary should be fine. I think you do need to have been working for 6 months though or more.
    • Agree Agree x 1
  19. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Category B can be used when the Applicant (if they are in the UK with permission to work) or Sponsor has been in non-salaried employment for less than six months. In this respect, the calculation is conducted in two stages:

    The first stage is to calculate the gross annual income at the date of application which must meet or exceed the level of income required by the Immigration Rules.

    In order to calculate the gross annual income at the date of application, the same calculation outlined above will be used: total income received within the last six months, divided by 6 and multiplied by 12.

    If this amount is less than the £18,600 level required then the Applicant/Sponsor can add the gross amount of any specified non-employment income (for example income from property, stocks or interest from shares), the gross annual income from any state or private pension, or cash savings above £16,000 as above.

    The second stage involves calculating the total amount of non-salaried employment income received in the 12 months prior to the date of application. This amount must also meet or exceed the level of income required by the Immigration Rules. For example if £6,000 was received in the last 6 months, then you must have earned £12,600 in a previous role in the 6 months before.

    If after the second stage the financial requirement is still not met, then income may be combined from any specified non-employment income or income from any state or private pension. However, cash savings cannot be combined in order to meet the financial requirement.
    • Agree Agree x 1
  20. asgloki
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    asgloki Member

    so far I have 5 months of payslips with an average annual salary of around 24k if I get the average monthly then multiply that by 12, so I should be fine. I am waiting until I get my 26th weekly payslip before I submit the application.

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