The financial requirement for partner visa applications is often the most complex and difficult aspect of the application. Appendix FM of the Immigration Rules contains a minimum income requirement of at least £29,000, or a cash savings requirement of at least £88,500.
There are numerous ways in which the financial requirement can be met, such as through cash savings, pension income, income from self-employment, and through combining sources of income. In this article, we consider how Category C: non-employment income can be relied upon to meet this requirement.
What is non-employment income?
The Home Office guidance stipulates the types of non-employment income that can be relied upon in a partner visa application.
Sources of specified non-employment income include:
- property rental;
- dividends or other income from investments, stocks and shares, bonds or trust funds;
- interest from savings;
- maintenance payments from a former partner of the applicant in relation to the applicant or any children of the applicant and their former partner, and maintenance payments from a former partner of the applicant’s partner in relation to that partner;
- UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance;
- payments under the War Pensions Scheme, the Armed Forces Compensation Scheme and the Armed Forces Attributable Benefits Scheme;
- a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research;
- ongoing insurance payments;
- ongoing payments from a structured legal settlement; and
- ongoing royalty payments.
As with any other means of meeting the financial requirement, it is important to take careful note of the period in which this income can be relied upon and will therefore be considered.
The guidance specifies the duration for which the income must have been received, and the types of documents that must be provided to evidence each form of non-employment income.
Income from property rental
Income from property rental is one of the more commonly relied upon forms of non-employment income.
In order to rely on rental income:
- the property relied upon must be owned by the applicant and/or their partner;
- the property must not be their main residence; and
- if ownership of the property is shared with a third party, only income received from their share of the property can be counted.
Rental income received before any management fees are deducted may be counted towards meeting the financial requirement. Equity in a property cannot be used to meet the financial requirement.
Maintenance grant or stipend
A maintenance grant or stipend which is or will be paid on a tax-free basis can be counted towards the financial requirement. The applicant or their partner must be in receipt of the grant or stipend at the date of application, or should be receiving it within three months of the date of application.
The grant or stipend must be payable for at least 12 months, or for at least one full academic year. This can be counted from the date of application or from the date on which payment of the grant or stipend will begin.
Maintenance payments
As well as maintenance grants or stipends, maintenance payments from former partners of the applicant to maintain the applicant and their children (if applicable) may also be relied upon to meet the financial requirement. Such maintenance payments must be in agreement and should be evidenced by either; a court order, a written voluntary agreement, or Child Support Agency documentation.
Applicants and their partners must be careful to ensure that documents that are issued by a family court have permission to be disclosed.
Dividend and investment income
Income earned from investments, shares and/or stocks in the 12 months prior to the date of application can be used to meet the financial requirement as a form of non-employment income.
If the relevant asset is sold within the 12 month period prior to the date of application, the Home Office will consider it to be held at the date of application, provided that another asset of an equivalent volume has since been purchased in the same company and is held at the date of application.
If a person is relying on dividends from a limited company in the UK, and they are also a director or employee of that company, and this meets the definition of a ‘specified limited company’, that income would instead be considered under Category F or G. Therefore, caution must be exercised in such cases, as the evidence to provide would then differ.
Partner visa applications: How our Immigration Solicitors can help
Partner visa applications that rely on meeting the financial requirement through non-employment income can be complex, especially where this income is combined with other income sources.
The Home Office will carefully scrutinise an application for a partner visa. If the caseworker does not consider that, amongst the other requirements, the financial requirement has been met, the application will fall for refusal. It is therefore important that the application is prepared thoroughly and carefully.
We are experienced in preparing visa applications for spouses, civil partners, and unmarried partners, and will provide expert guidance and assistance to you throughout the process. If you require legal assistance, or would like to discuss your situation with one of our experts, please contact us or complete our enquiry form below.
