UK Marriage Visas: The Financial and Other Requirements

This article will explain the rules you’ll need to meet when applying for a fiancé(e) and proposed civil partnership (UK marriage) visa. It consists of 3 parts:

 

Part 1:          The Difference Between the UK Marriage Visa and UK Marriage Visitor

The Validity and Suitability Requirements

Part 2:          The Eligibility Requirements (Introduction)

The Relationship Requirements

Part 3:          The Financial Requirements

The Accommodation Requirement

The English Language Requirements

The Decision

 

This is part 3. You can jump to part 1 HERE and part 2 HERE.

 

The Financial Requirement

You can meet by way of providing evidence confirming that:

  1. Your income is at the minim income requirement level
  2. You have sufficient savings
  3. You receive ‘qualifying benefits.’

Minimum Income Requirement Level

UK Marriage, Fiancé(e) and Proposed Civil Partnership Visas: The Financial and Other Requirements
UK Marriage Visas: The Financial and Other Requirements

The Sponsor’s income should be above £18,600 per year (gross), if applying alone. If you are applying with children under 18 (not British citizens, without ILR or status under the EUSS), you’ll need to add £3,800 for the first child and £2,400 for each additional child.

Savings

You’ll need to have savings held in cash, not equity or investments. The amount will have to be above £16,000. If you have cash savings of over £62,500, then you do not need to show any income. Your cash savings will be enough to meet the financial requirement of the application. However, if the amount is between £16,000 and £62,500, then you can use it to reduce the financial requirement for the application.

The cash-saving formula is as follows:

  1. Find out what was the lowest amount in your saving account in the 6 months before submitting the online application

  2. Deduct £16,000

  3. Divide it by 2.5

 

For example, 7 months ago, you sold a plot of land in your country of origin for £22,350 and immediately transferred it into your bank account (so it was there, therefore, for over 6 months). You did not withdraw any money from this account:

  1. £22,350
  2. £22,350 – £16,000 = £6,350
  3. £6,350 / 2.5 = £2,540

You can include £2,540 toward the financial requirement using cash savings. So, if your sponsor earns, for example, £16,060 gross a year and you are applying without children, you’ll meet the financial requirement: £16,060 + £2,540 = £18,600

The Reverse Formula

The reverse cash-saving formula is as follows:

  1. Calculate the shortfall by deducting the actual income from the minimum income requirement
  2. Multiply it by 2.5
  3. Add £16,000 to the total amount

For example, let’s say you earn £12,780 gross a year (applying without children, so the minimum income requirement is £18,600), and you would like to know how much savings you need to have to meet the financial requirement:

  1. £18,600 – £12,780 = £5,820
  2. £5,820 x 2.5 = £14,550
  3. £14,550 + £16,000 = £30,550

You’ll need to have savings of at least £30,550 in your bank account for at least 6 months to meet the financial requirement for the intended application.

 

How to Check Your Answer

You can double-check your calculations by applying the cash-saving formula:

  1. £30,550
  2. £30,550 – £16,000 = £14,550
  3. £14,550/2.5 = £5,820

£18,600 – £5,820 = £12,780

UK Marriage Visas: The Financial and Other Requirements

Qualifying Benefits

You’ll also meet the financial requirement, if you receive one of the following benefits:

(i) disability living allowance;

(ii) severe disablement allowance;

(iii) industrial injury disablement benefit;

(iv) attendance allowance;

(v) carer’s allowance;

(vi) personal independence payment;

(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;

(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or

(ix) Police Injury Pension;

 

and you provide evidence that your partner is able to maintain and accommodate themselves, you and your dependants adequately in the UK without recourse to public funds.

 

The Accommodation Requirement

UK Marriage Visas: The Financial and Other Requirements
UK Marriage Visas: The Financial and Other Requirements

To meet the accommodation requirement, you need to prove two aspects:

  1. There will be enough space (not statutory overcrowded)
  2. Fit for habitation (not to contravene public health regulations)

I am yet to see the refusal of the application because the accommodation contravenes public health regulations. It is not entirely clear what types of contraventions these might be. In their guidance, the Home Office only says that ‘It is likely to be rare that the property contravenes public health regulations.

 

The Space Standard

To ensure that your property is not statutory overcrowded, you need to check the space standards at section 326 of the Housing Act 1985.

Here is a copy of a table at section 326 (3):

TABLE I

Number of rooms Number of persons
1 2
2 3
3 5
4
5 or more 2 for each room

The room has to be at least 50 sq.ft., which is approximately 4.6 sq. meters.

Kids of the opposite gender can only occupy one room if they are under 10. And finally, a very important aspect to remember is that a sitting room can be counted as a separate bedroom for the purposes of meeting the accommodation requirement of your application.

UK Marriage Visas: The Financial and Other Requirements

The English Language Requirement

Unless you are exempt from meeting the English language requirements, you can satisfy this requirement in one of the following ways:

  1. By proving that you are a citizen of a majority English-speaking country
  2. By showing that you have a relevant academic qualification
  3. By passing the test

 

Majority English Speaking Country

You can find a list of the majority English-speaking country at the Appendix English language.

If you are, all you have to do to meet this requirement is to provide your passport with the application.

 

Academic Qualifications

You will meet the English language requirement if you have one of the following academic qualifications:

(a) a bachelor’s degree, master’s degree or doctorate awarded in the UK; or

(b) a degree or degree-level qualification taught in a university or college in Ireland or a majority- English-speaking country (except Canada), which meets or exceeds the recognised standard of a bachelor’s degree, master’s degree or doctorate awarded in the UK; or

(c) a degree or degree level qualification that meets or exceeds the recognised standard of a UK bachelor’s degree, master’s degree or doctorate and was taught or researched in English.

 

Documents

If one of the above applies, with your application, you’ll need to provide the following:

(a) a certificate from the awarding body: or

(b) a transcript issued by the university or college that awarded the qualification; or

(c) an official letter from the university or college that awarded the qualification containing information equivalent to a degree certificate.

Also, if you studied outside the UK, in addition to the above document, you’ll also need Ecctis https://www.ecctis.com/  to confirm that your qualifications meet the above requirements.

 

Exemptions

You will be exempt from meeting the English language requirements in the following circumstances:

(a) if you are 65 or over;

(b) if you have a disability (physical or mental condition) which prevents you from meeting the requirement; or

(c) there are exceptional circumstances which prevent you from being able to meet the requirement prior to entry to the UK.

 

Examples of when you will be exempt are where you:

  • are suffering from a long-term or ongoing illness or disability (which may last for years) that severely restricts your ability to learn English or to take the test
  • are suffering from a serious or life-threatening illness such as cancer, which may involve treatment over the course of several months that severely restricts your ability to learn English or to take the test
  • have a mental condition which prevents you from speaking or learning English to the required standard

 

The English Language Test

Level A1 of the Common European Framework of Reference for Languages is the minimum level required. However, nothing stops you from taking a higher test if you can.

If you intend to meet the English language requirement by way of passing a test, you’ll need to take it with the provider, recognised by the Home Office.

Do bear in mind that test results are valid for 2 years only from the date the test was awarded.

UK Marriage Visas: The Financial and Other Requirements

The Decision

If you meet the validity, suitability and eligibility requirements, the decision-maker is highly likely to approve your application. You’ll get your entry clearance (visa from outside the UK) for 6 months. You will not be allowed to work or claim benefits. Also, within these 6 months, you’ll need to get married (form a civil partnership) and apply for a spouse visa before the expiry of your UK marriage visa.

 

Why Apply for a UK Marriage Visa?

After reading this article, you may want to ask me a rather logical question: ‘Why do people apply for a UK marriage visa’?  Why don’t they just register their marriage/civil partnership abroad and apply for a partner visa instead? The requirements and visa fee are exactly the same, but this visa will be valid for 33 months instead of 6 months. So, it’s cheaper and quicker to make just two applications:

ILR = Spouse visa for 33 months + spouse visa 30 months (£1,538 + £1,538 = £3,076)

ILR = UK Marriage visa (6 months) + Spouse visa for 33 months + spouse visa 30 months (£1,538 + £1,538 + £1,538 = £4,614)

Also, the genuineness requirement will be automatically satisfied, and after the approval of a UK partner visa, you will be allowed to work in the UK.

There may be different answers to this question.

It all depends on the circumstances.

It may well be that the Sponsor works on a full-time basis and simply does not have time to travel abroad. Sometimes, it is important for the parties to have a legal ceremony in the UK so that all family members can be present. Also, there are many countries where lesbian, gay, bisexual, and transgender (LGBT) relationship is prohibited by law.

UK Marriage, Fiancé(e) and Proposed Civil Partnership Visas: The Financial and Other Requirements