Since Theresa May’s overhaul of the UK’s immigration rules when she became Home Secretary in 2012, it has become much harder for non-EEA family members to come to or remain in the UK to join their British or settled Sponsor. Appendix FM of the Immigration Rules sets out stringent criteria which Applicants must satisfy and provide abundant documentary evidence in order to demonstrate the same. The minimum income threshold, in particular, is something that many Applicants struggle to meet. Our Immigration Team frequently prepares and submit these type of visa applications, so you should contact us to arrange a consultation and we can assess how you and/or your Sponsor meet the financial requirement under Appendix FM of the Immigration Rules.
Satisfying the Financial Requirement under Appendix FM of the Immigration Rules through Salaried or Non-Salaried Employment
Applicants can fulfil the Financial Requirement under Appendix FM by relying upon their Sponsors income from salaried or non-salaried employment for entry clearance applications and their own and/or the Sponsor’s income from salaried or non-salaried employment for further leave to remain applications. This can be salaried employment with one employer for a period of 6 months or alternatively, employment with various employers for a period of over 12 months. The minimum income requirement is £18,600. Salary from the Sponsor’s overseas employment may also be relied upon. Salaried or non-salaried employment falls under Category A or Category B, depending on the type of employment.
Satisfying the Financial Requirement under Appendix FM of the Immigration Rules through Self-Employment
The Sponsor’s income from self-employment as a director of a limited company in the UK under category F or G depending on which financial year(s) is or are being relied upon may also be used to satisfy the Financial Requirement under Appendix FM. As with categories A and B, the minimum income threshold is £18,600 gross per annum. The evidence that is required to demonstrate that an Applicant is self-employed is far more extensive than for those in salaried employment. However, as with salaried employment applications, bank statements and payslips are two of the key documents which required for the relevant period; usually for the last financial year.
Satisfying the Financial Requirement under Appendix FM of the Immigration Rules through Non-Employment Sources
Applicants may also choose to satisfy the financial requirement by way of cash savings. The cash savings need to be held by the Sponsor for a minimum of 6 months and the source of the funds must be demonstrated. Cash savings falls under Category D and may be combined with Categories A and B. Examples of income from non-employment are rental income from properties or dividends from shares. This falls under Category C. Applicants may also rely on income from the state, occupational or private pension in the UK or abroad of the Sponsor and/or the Applicant. This falls under Category E.
To meet the Financial Requirement and submit a successful UK visa application under Appendix FM of the Immigration rules, Applicants must provide the specified documentary evidence listed in Appendix FM-SE to the Immigration Rules. The documents required would vary depending on which category an Applicant wishes to rely upon.
Applicants who are exempt from satisfying the minimum income threshold under Appendix FM because their partner is in receipt of a specified benefit or allowance must instead demonstrate that their partner is able to maintain themselves, the Applicant and any dependants “adequately” without recourse to public funds.
Using Legal Representation to Satisfying the Financial Requirement under Appendix FM of the Immigration Rules
Legal representatives, such as our specialist immigration and visa lawyers, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application that satisfies the Financial Requirement under Appendix FM of the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Satisfying the Financial Requirement under Appendix FM of the Immigration Rules
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.