The Appendix FM of the Immigration Rules was updated to reflect the Supreme Court findings in the case of MM (Lebanon). These changes will apply to any decision made on or after 10 August 2017. If an applicant is able to satisfy the minimum income requirement by standard sources of income such as salaried or non-salaried employment, self-employment, non-employment income and cash savings, these changes do not apply to their case. This change is made in cases where the applicant does not meet the financial requirement by standard income sources and the refusal of decision would breach Article 8 ECHRbecause it could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child.vIn such cases, the decision maker will consider whether the minimum income requirement is met through other reliable and credible sources.
These sources are:
The UKVI made it clear that even with the above additional income sources, an applicant must be able to meet the minimum income requirement for entry clearance or leave to remain under this immigration category. It should further be noted that if an application is successful following consideration of these additional sources, the successful applicant will be placed on a 10 years route to settlement rather than standard 05 years route. However, switching to 05 years route is possible if at a later stage an applicant and his sponsor do have income to meet the minimum income requirement applicable to their case.
Each of the above income sources have their respective evidential requirements. Contact our immigration solicitors for further information and advice.
UK Immigration is a constantly developing and ever-changing area of law. It is very important for specialist solicitors to remain up to date with these changes and developments because even if an old or wrong version of application form is submitted, it can invalidate your application and you may become an over-stayer in the UK. One wrong step in your immigration applications can create never ending litigation costing huge amounts of your hard-earned money. We at Immigration Solicitors 4me deal with complex post-refusal cases on everyday basis which gives our caseworkers a foresight on possible causes of refusals and this can reduce the chances of refusal in applications made by such specialist case workers. Our caseworkers are always updated with regular trainings and briefings on current case laws.
If you are already in the UK on spouse visa and wishing to extend your leave or you are making an initial application for spouse settlement, you should bear in mind the mandatory requirements of the immigration rules because if you fail to satisfy the Home Office caseworker, he may refuse your application without a right of appeal i.e. if it is certified.
As an applicant, you can make an application yourself as long as your correctly complete your application forms and provide all the mandatory evidence however using a legal representative brings a peace of mind. We at Immigration Solicitors 4me provide accurate case specific advice and assist in your application. We charge a competitive fee for our professional services and for our diverse clients we offer a payment plan if they are deserving. In order to make a valid application, you must meet the basic eligibility requirements. The criteria are complex and depends on case by case basis.
Status of the Partner in the UK:
Your partner must be present and settled in the UK which means he is free from immigration conditions. He should be one of the following:
There is exemption from financial requirement if the sponsor receives one of the qualifying disability living allowances/personal independence payment etc. However, they should still be able to show adequate accommodation and finances on different method of calculations. The above eligibility requirements are basic and does not guarantee a successful application because there are various other factors, including suitability or conduct, forms part of a consideration process.