In order for a British citizen to sponsor a partner to settle in the UK, the couple must satisfy a complex financial requirement.
They can meet the financial requirement through savings, income, or a combination of both.
Savings must be held in cash for the last 6 months. The cash can result from the sale of fixed assets such as land, or financial investments, if either partner held those assets at the start of the 6-month period preceding the application, and the cash results from the sale. The amount required (without relying on income) is £62,500 (about R1 million or Au$110,000).
An alternative to using savings is to use the employment income of the British partner. The sponsor must usually have a confirmed job offer in the UK paying at least £18,600 (about R320,000) per year. They must also demonstrate that they have been earning at the level of £18,600 per year for the last 6 months, or that they have earned this amount in the 12 months preceding the application. There are strict requirements about the types of documentary evidence that can be relied upon.
The effects of the financial rules on couples living abroad are not always obvious. Couples preparing their own applications might assume that they can use the income of the non-sponsor, or they may fail to provide sufficient documentary evidence to prove the income / savings that they have. Applicants can hugely benefit from speaking to an experienced lawyer before submitting an application.
For assistance with spousal visas for the UK, whether you are a couple migrating to the UK together, or you live in the UK and want to sponsor your partner, contact us on 0207 993 8975, email info@passportia.org, or visit www.passportia.org.
Alexander Finch
Senior Adviser
Passportia, London