UK Partner and Family Visa Financial Requirements

Understanding the Financial Requirement for UK Partner and Family Visas

We will examine different periods for the financial requirements in partner and family visa applications. Partner and Family visa applications under Appendix FM have a financial requirement that must be satisfied (along with the other requirements) to ensure a successful application. Currently, the level of income required is a gross annual income of £29,000, or £88,500 in cash savings.

The financial requirement can be one of the more complex and onerous requirements of Partner and Family visa applications. This article will focus particularly on the different time periods involved when relying on certain categories to satisfy the financial requirement, as well as timings when combining categories and different sources of income to satisfy the financial requirement.

2. Category A: Financial Requirement for Salaried and Non-Salaried Employment

With current employer for 6 months or more – person residing in the UK

‘Category A’ is categorised as salaried or non-salaried employment income.  Non-salaried employment includes individuals paid on an hourly basis or another variable rate (where the number and/or pattern of required work hours may vary) or paid an amount which varies according to the work undertaken. Salaried employment includes that paid at a minimum fixed rate (usually annual) which is usually subject to a contractual minimum number of hours to be worked.

‘Category A’  is relevant where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried/non-salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application. If this applies, they can count their gross annual salary towards the financial requirement. 

The key element with regards to timing for Category A application is that the individual whose employment is being relied upon must have been employed with the same employer for at least 6 months. The application evidence must consist of 6 months of payslips and 6 months of corresponding bank statements prior to the date of application.

Alternatively, if the person has been employed by their current employer for less than 6 months, then they could alternatively apply under Category B, subject to meeting those requirements (please see below). 

Where the applicant’s partner is returning with the applicant to the UK to work, they must meet 2 requirements, one of which is forward facing, the other is backward facing. 

First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. 

Second, the applicant’s partner must also have a confirmed offer of salaried or non salaried employment in the UK, starting within 3 months of their return.

Both the current employment and prospective employment must have a gross annual salary or income which equals or exceeds the level relied upon in the application (currently £29,000). 

4. Category B: Salaried and Non-salaried Employment Requirements

Less than 6 months with current employer or variable income – person residing in the UK

This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. 

It can be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earn a variable income and wish to be considered in this category rather than under Category A above. 

Where the applicant’s partner and/or the applicant is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment. Normally, the latest payslips or employment contract will evidence the gross annual salary at the date of application. 

As well as the gross annual salary at the date of the application, an applicant must demonstrate that their actual gross annual income received in the last 12 months exceeds the minimum income threshold (£29,000). 

As above, the Applicant’s partner will need a confirmed offer of salaried or non-salaried employment in the UK starting within 3 months of the expected date of arrival. The couple returning to the UK must also have received in the 12 months prior to the date of application the gross level of income from overseas required (£29,000). 

The main distinction between Category A and B for a returning overseas sponsor is that they can satisfy the financial requirement through prospective employment, even if they are not in employment at the date of the application. 

6. Category D: Meeting the Financial Requirement Through Cash Savings

Category D relates to cash savings held above £16,000 which are held in the Applicant or Applicant’s partner’s name for at least the 6 months prior to the date of application. Currently the level of cash savings required is £88,500 (unless being combined with another source of permitted income). 

The key evidence to provide is personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account or accounts in the names of the person and their partner jointly throughout the period of 6 months prior to the date of application.

7. Liquidated Investments to Meet Financial Requirements

Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments (including funds liquidated from a pension pot), stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application. The funds must be in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application. The investments can be liquidated at any time before the application. 

6 months worth of specified evidence will be required if relying on liquidated investments. 

8. Meeting Financial Requirements with Proceeds from Property Sales

The principle above also applies for the sale of property. If the applicant/partner owned property and sold it prior to the application to produce cash savings, the time during which the property was held in ownership can count towards the 6-month period required. Meaning, theoretically, the applicant/partner can rely on the sale of property even if the sale of proceeds was received on the date of application, so long as they owned the property 6 months prior to the date of application. 

9. Category C: Non-Employment Income Options

Property Rental Income 

A couple may rely on income received from renting a property to meet the financial requirement. This will be based on the income received from the property during the 12 months leading up to the date of application. You will need to provide 12 months of bank statements showing the rental income being paid prior to the date of application.

As of the date of the application, the property must be held in the name of the applicant, the sponsor/partner, or both jointly.

10. Category E: Meeting Financial Requirements with Pension Income

The gross annual income from any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant’s partner or the applicant can be counted towards the financial requirement. 

The annual pension income may be counted where the pension has become a source of income at least 28 days prior to the application. 

To rely on Category E to satisfy the financial requirement you will need official documentation from DWP, other government departments or agencies, an overseas pension authority or a pension company, confirming the pension entitlement and amount. You will also need at least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account. 

11. Category F: Financial Requirements for the Last Full Financial Year

Self-employed individuals can rely upon the income from the last full financial year, at the date of application, to meet the financial requirement.

12. Category G: Financial Requirements Based on the Average of the Last Two Financial Years

Self-employed individuals can rely upon the average income received in the last two full financial years, at the date of application, to meet the requirement. This is particularly helpful if an applicant is unable to meet the financial requirement through Category F. 

13. Understanding the Definition of ‘Financial Year’ for Visa Applications

HM Revenue and Customs fiscal year: In the UK, self-employment as a sole trader, as a partner or in a franchise is covered by the self-assessment tax return (SA300/SA302), running from 6 April to 5 April the following year. Thus, applicants must submit financial documents that align with this period to demonstrate they meet the income threshold. If an applicant is relying on their partner’s income from self-employment outside of the UK, the taxation system and periods of that country may be different. 

Company Financial Year: In the UK, those employed as a director or an employee (or both) of a specified limited company, the relevant financial year will be the year shown on the Company Tax return CT600, corresponding to the 12-month accounting year of the company.  This may be different from the HM Revenue Customs fiscal year outlined above (6 April to 5 April), and depends on when the company was set up. 

Some examples of evidence that is time constraint includes:

• relevant self-assessment tax and company tax returns for the financial year(s) relied upon; 
• annual audited/unaudited accounts (as required) for the financial year(s) relied upon; 
• corporate/business bank statements covering the same 12-month period(s); 
• payslips and P60 (if issued) for the relevant period; 
• dividend vouchers for all dividends declared during the period of the Company Tax return CT600; 
• corresponding personal bank statements showing the salary/dividends being paid. 

Evidence of income outside the specified financial year period is generally inadmissible when calculating earnings. The case of Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC), confirmed that the financial year must coincide with the financial tax year (in this particular case the HMRC fiscal tax year), not the financial year selected for accounting purposes. 

In an unreported case before the Upper Tribunal, [2017] UKAITUR HU89522015, it was suggested an applicant must rely on documentation covering the full financial year. Thus, an applicant cannot rely on documentation that only partially covers the financial year period. The full 12 months of documentation must be provided for the financial years outlined above for Category F and G applications. 

14. Combining Multiple Income Sources to Meet Financial Requirements

An applicant also cannot combine their self-employed income with their partner’s self-employed income if they are each based on different financial years. Thus, if the applicant and their partner’s self-employment income align in the same financial year, both can be combined and relied upon.

You may combine income under Category F or Category G with income from salaried and non-salaried employment, non-employment income and pension income to meet the financial requirement. However, these combined sources of income must be from the same financial year(s) and they must still be a source of income at the date of application to be included. 

You can potentially combine Category A (salaried employment) with Category F (employment from a specified limited company). However, Category A can only be combined with Category F if both sources of income fall within the relevant financial year(s). Under Category F, all sources of income must fall within the financial year or years relied on and must still be a source of income at the time of application. 

For example, if an applicant/partner is self-employed/employed and also employed with a family business company, they cannot be combined unless they fall in the same financial year.

To find out more about which sources of income can be combined for the financial requirement, please read our refer to our article Combining Sources of Income to Meet the Partner & Family Visa Financial Requirement.

15. Understanding the 28-Day Rule for Financial Evidence

Generally, Appendix FM-SE requires that financial evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.

In this article, we have highlighted some of the key timings to consider concerning the financial requirement in family and partner visa applications under Appendix FM of the immigration rules. Our immigration barristers can assist you with ensuring that the relevant periods and evidence are adhered to in line with those outlined in Appendix FM-SE.  For expert advice concerning a UK visa application or immigration appeal, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.