This is the final part of our four-part series on the 2025 UK Immigration White Paper. In Part 1, we examined proposed changes to work routes and the closure of the care worker visa. Part 2 explored rising sponsorship costs and reduced options for international graduates. Part 3 focused on tougher English language rules, longer settlement timelines, and new barriers to citizenship. We now turn to the UK’s digital border transformation, changes to Electronic Travel Authorisation (ETA), and reforms to the asylum and humanitarian system. These proposals mark a new era in how the UK controls entry and responds to people seeking protection.

The UK is gradually introducing a new system known as the Electronic Travel Authorisation, or ETA. This is not a visa but a digital permission that travellers from certain countries must get before coming to the UK. It applies to people who do not normally need a visa to visit, such as those from the United States, Australia, or Canada.

The ETA was first introduced in 2023 for Qatari nationals and is being rolled out in stages to other countries. By the end of 2024, it is expected to apply to all non-visa nationals. Travellers must apply online or through an app before they travel, and if approved, their authorisation is linked electronically to their passport. It usually lasts for two years or until the passport expires.

The main purpose of the ETA is to improve border security. It allows the UK Government to check people before they arrive and to refuse permission in cases where someone may pose a risk. For example, the UK authorities can refuse an ETA application if someone has a criminal record, owes money to the NHS, or has broken immigration rules.

Although it is not called a visa, the ETA process includes some of the same checks—especially around what’s known as suitability. Suitability checks are background checks to see whether someone’s personal or immigration history makes them unsuitable to enter the UK. These checks are already part of almost every UK visa application, and the ETA brings them into the process for people who normally don’t need a visa.

For travellers, this means more paperwork before boarding a flight. But for the Government, it offers better control over who enters the country and helps reduce the risk of overstaying or illegal working.

Asylum and Humanitarian Routes Face New Restrictions

In the year ending March 2025, the UK received 109,343 asylum claims — the highest number since 1979. This was a 17% rise from the previous year. Just under half (49%) of initial decisions resulted in grants of protection. This is down from 61% in 2024. Around 45,084 people were granted protection at first decision — a 35% drop year-on-year. The tribunal backlog remains high, with 91,000 cases pending at the end of 2024. Roughly 42,000 appeals were still waiting to be resolved.

Under the new white paper, arriving in the UK without permission—no matter the threat of danger in one’s home country—could become grounds for refusing an asylum claim outright. The Government intends to introduce faster removal procedures, curtail appeal rights, and tighten eligibility across all humanitarian routes.

The UK plans a new Displaced Talent Mobility Scheme. It will bring in 10,000 skilled refugees over five years. The UN will help assess applicants. The scheme excludes family members and targets only high-demand skills.

Comparable programmes already exist internationally. In the United States, the Welcome Corps at Work initiative matches skilled refugees with US employers and provides a pathway to permanent residency—often including their families. Talent Beyond Boundaries performs a similar matching service internationally. These US schemes usually include family members. They also offer strong support for integration. This makes them more ambitious than the UK’s proposal.

Taken together, the UK’s proposed scheme represents a modest and selective approach compared to international equivalents. Employers will play a key role in making the scheme successful. Its success will also rely on clear identification of the prioritised skills and on whether future policy changes include family reunion.

What Should You Do Now?

These proposals are not minor adjustments. They represent a complete rethinking of who can come to the UK, on what basis, and for how long. If these planned changes affect you or those you advise, now is the time to assess the situation. Make informed decisions. Take action.

Review your situation or that of your clients carefully. Check eligibility under the current rules, and consider submitting applications before new restrictions come into force. Prepare for English language requirements, revisit financial planning, and ensure all documentation is in order.

With these sweeping reforms, the 2025 Immigration White Paper redefines the future of UK migration policy—from visas and settlement to family life, borders, and citizenship. If you’ve not yet read the earlier parts of this series, we recommend going back to Part 1 for a full understanding of the scale and structure of these changes.

This is a turning point. Understanding what’s ahead—and acting in time—could make all the difference.

The post UK Border Reform 2025: ETA Rules & Digital Checks Explained first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Welcome to Part 3 of our four-part guide to the UK Government’s 2025 Immigration White Paper. This section focuses on how the Government is reshaping the path to long-term residence and British citizenship. From stricter English requirements to a longer wait for settlement, the emphasis is shifting towards deeper integration but at a higher cost for migrants and their families.

Part 1 covered new work visa rules and the closure of the care worker route. In Part 2 you’ll find an explanation of higher sponsorship costs and shorter graduate visas. Part 4 explores the UK’s new digital border and tighter asylum controls.

The proposed changes would extend existing English language progression requirements to a wider range of visa categories. Under Appendix FM, all partners of British citizens or settled persons must demonstrate A1-level English to enter the UK, A2 when applying to extend their stay after 33 months, and B1 when applying for settlement, usually after 60 months on this visa.

The Government now proposes a new staged English language model for most immigration routes. Under this plan, the applicants would need to demonstrate A1-level English when first applying for a visa. They would then need to show A2-level English when applying for an extension and meet B2-level English when applying for settlement. This model mirrors the existing requirements under Appendix FM, which already applies to partners of British citizens and settled persons.

At present, most adult dependants of workers and students are not required to meet any English language requirement. Introducing this tiered model would be a major shift in policy, placing greater emphasis on language ability for anyone planning to build a long-term future in the UK.

Some routes would remain outside these new rules. Visit visas, short-term student visas, seasonal work schemes, and protection-based routes such as asylum and humanitarian protection would not require applicants to meet any English language thresholds. These are short-term or exceptional categories, and the Government has so far excluded them from these changes.

Ministers argue that the proposed language rules are designed to support better long-term integration. The Government believes that stronger English skills improve access to jobs, reduce pressure on public services, and help migrants participate fully in British life. These principles appear in Section 117B of the Nationality, Immigration and Asylum Act 2002. The Immigration Act 2014 added this section, and it came into force in July 2014. This section sets out the public interest in ensuring that people who seek permanent residence in the UK are able to speak English, as part of the wider assessment of private and family life claims under Article 8 of the European Convention on Human Rights.

However, although the aims focus on integration, the proposed rules create new burdens. Extra exams mean more financial cost, time, and preparation. This could especially affect families with lower incomes, or those in areas with few test centres. For many, particularly from non-English-speaking countries, these changes could make an already complex system even harder to navigate. As the consultation process continues, these concerns will likely play a central role in shaping the final version of the new rules.

Settlement Will Take Longer for Most

Previously, many people could apply for settlement in the UK after five years of lawful residence. Under the Government’s new proposals, this qualifying period could double to ten years for most applicants. Exceptions may apply to partners of British citizens or those who make an “exceptional contribution” to UK society, though the white paper does not clearly define what qualifies as exceptional. It might include volunteering or working in sectors deemed critical.

The Government claims this shift is intended to reinforce the idea that settlement should be earned over time through long-term commitment and integration. It aligns with broader efforts to tighten migration rules and reduce net migration figures. By extending the required residence period, the UK aims to ensure that only those who demonstrate sustained economic and social contribution can achieve permanent status.

By contrast, both Canada and Australia generally allow permanent residency much earlier. In Canada, skilled workers can apply for permanent residency after three years of residence through programs like Express Entry. In Australia, many skilled migrants qualify for permanent residency within four years. These shorter timelines make both countries more attractive for international talent looking for stability and long-term opportunities. The UK’s proposed ten-year requirement risks discouraging skilled individuals who might favour faster-settlement countries.

Upcoming Changes to Family Migration Rules

The Government is reviewing family migration rules with the aim of introducing a unified set of standards across all family visa categories. Right no

w, family visa rules vary by route. Appendix FM sets rules for partners, children, and parents of British citizens or settled persons. Article 8 routes follow different standards based on private life. Other discretionary cases also have separate criteria. The white paper proposes consolidating these into one framework, with standardised requirements for relationship evidence, income, accommodation, and suitability.

A particular focus is on Article 8 claims made outside the standard family routes. The Government says the current rules allow for broad interpretation of compassionate or private life cases. This sometimes leads to approvals even when applicants don’t meet the standard criteria. The proposed changes will set stricter definitions for what counts as ‘exceptional circumstances’ or ‘unjustifiably harsh consequences’. Applicants won’t be able to rely on family ties alone unless they meet the main eligibility requirements.

Another anticipated change is the alignment of documentary requirements. Currently, family applicants face varying expectations depending on the route, whether it is the need for extensive evidence of a genuine relationship, accommodation assessments, or financial documents. The Home Office intends to create uniform documentary standards for all applicants, reducing inconsistencies between different case types.

These changes will not necessarily make it easier to apply. The aim is to limit discretion and make decisions more predictable. This could make it harder to get approval in discretionary cases. Applicants with complex histories or unusual family situations may struggle under the new rules. The Government plans to formalise these proposed changes by the end of 2025, depending on the results of the consultation.

Unlawful Entry May Block Citizenship

In February 2025, the UKVI updated its good character guidance. From 10 February 2025, if you apply for British citizenship after entering the UK unlawfully—such as without valid entry clearance, by small boat, or hidden in a vehicle—officials will normally refuse your application, even if your arrival happened many years ago. This represents a significant change. Previously, unlawful entry only counted against an applicant if it took place within the ten years prior to the application.

The new guidance confirms that unlawful entry will normally result in a refusal on good character grounds unless one of the narrow exceptions applies. These include individuals who were victims of trafficking or children who were brought to the UK without choice. For most applicants, however, there is now a strict presumption against granting citizenship in cases of illegal arrival.

The guidance also underlines the importance of lawful residence under the British Nationality Act 1981. Applicants under section 6(1) must show five years of lawful residence in the UK before the date of application. Applicants under section 6(2)—usually spouses or civil partners of British citizens—must show three years. If a person entered the UK unlawfully, their residence from that point will be considered unlawful and may prevent them from meeting this requirement, even if they have lived in the UK for far longer.

Judicial Review

In response to these developments, Wilson Solicitors have issued a pre-action protocol letter in preparation for a judicial review. They argue that the February 2025 guidance breaks the UK’s duty under Article 31 of the Refugee Convention. This article protects refugees who arrive without permission but claim asylum quickly. They also argue that the policy lacks fairness and legal certainty, particularly because there is no clear path to appeal.

The Home Office has indicated that it may adjust the guidance to reflect Article 31 concerns, but the legal action is expected to continue. Until a court rules otherwise or the guidance is amended, individuals who entered the UK without permission, regardless of how long ago, face a serious risk of refusal if they apply for British citizenship.

Language skills, lawful residence, and ‘good character’ are becoming central to your ability to stay in the UK permanently. But there’s more: the final article explains the digital transformation of the UK border and new restrictions on asylum and humanitarian routes. Don’t miss Part 4 to complete your understanding of these landmark changes.

The post Staying for Good? English Language Rules and Routes to Settlement first appeared on UK VISA SUCCESS with Svitlana Shlapak.

This is the second article in our four-part series on the 2025 UK Immigration White Paper. In Part 1, we explored how the system is being reshaped around skills and the closure of the care worker route. Here, we look at the rising cost of sponsorship and major reforms to graduate and talent-focused visas. These changes will hit employers and students hard, especially those planning long-term futures in the UK.

Skilled Worker Visa

The UK Government plans to raise the Immigration Skills Charge by 32%, making it more expensive for employers to hire workers from abroad. This charge applies to every Skilled Worker visa sponsorship and must be paid annually for each worker. Large employers currently pay £1,000 per worker per year, and this will rise to £1,320. Smaller businesses and registered charities pay £364, and they will soon face a new charge of £480 per year.

The Government introduced the Immigration Skills Charge in April 2017. The aim was to encourage employers to invest in training local workers rather than relying on overseas recruitment. This fee is separate from visa application charges and can quickly add up, especially for businesses sponsoring several workers over multiple years.

Raising this charge could hit small businesses and non-profit organisations the hardest. Many employers in hospitality, social care, and construction already operate on tight budgets. If these proposals go ahead, some may stop offering sponsorship altogether, reducing job options for overseas applicants.

Graduate Visa Time Cut Short

The Government now proposes to reduce the post-study Graduate visa from two years to just 18 months. The Graduate route allows international students who complete a UK degree to stay and work without employer sponsorship. The proposed change would reduce the time they have to remain in the UK after their studies. This affects their ability to find a job or switch into a longer-term visa, such as the Skilled Worker route. For students aiming to build a career in the UK, every month matters. Cutting six months from this period could make the UK less attractive, especially as countries like Canada and Australia continue to offer generous post-study options.

How Canada and Australia Help Graduates Stay and Settle

In contrast, Canada offers international graduates a Post-Graduation Work Permit (PGWP) that lasts up to three years, depending on the length of their study programme. This permit allows full-time work with any employer, giving graduates more time and flexibility to build their careers.

Australia also provides generous options: graduates can usually stay for two to four years under the Temporary Graduate visa, with additional time for those in regional areas or holding higher qualifications. These longer post-study periods make both countries attractive destinations for international students who want to work and remain long term.

Both Canada and Australia also allow graduates to build up experience that helps them apply for permanent residence. In Canada, graduates who complete an eligible study programme and gain at least one year of skilled work experience through the PGWP can apply for permanent residence under the Canadian Experience Class stream of the Express Entry system. This route rewards Canadian work experience and gives former students a competitive edge.

In Australia, graduates use the Temporary Graduate visa to work and then apply for permanent residence through the Skilled Independent visa or the Skilled Nominated visa. These routes depend on the graduate’s occupation, work location, and total points under the General Skilled Migration system. Many students who complete their studies in Australia successfully apply to stay permanently. In contrast, the UK Graduate route does not count towards indefinite leave to remain, which may affect how students choose where to study.

Historical Development of the Graduate Route

The UK has introduced or reintroduced a post-study work route four times in the past two decades, each time reflecting shifts in political priorities and economic needs. These routes have aimed to attract international graduates, support the labour market, and maintain the UK’s competitiveness in global education.

The first scheme appeared in 2004 with the launch of the Science and Engineering Graduate Scheme (SEGS), which allowed STEM graduates to stay in the UK for 12 months. In 2007, the Government broadened access through the International Graduate Scheme (IGS), extending the opportunity to graduates across all subjects. A year later, in 2008, IGS was replaced by the Tier 1 (Post-Study Work) route, which gave graduates two years to work without sponsorship in any sector. This system remained in place until 2012, when the Government abolished it due to concerns about misuse and lack of control.

The Return of the Graduate Route and Its Future at Risk

After nearly a decade with no dedicated post-study work route, the UK reintroduced the scheme for the fourth time in 2021 under the Graduate route, allowing most international degree holders to stay for two years (or three for doctoral graduates) without employer sponsorship. This reintroduction was part of the wider Points-Based Immigration System and was intended to help the UK compete with countries like Canada and Australia.

In 2021, the UK reintroduced the post-study visa as the Graduate route under the Points-Based Immigration System, granting two years of unsponsored work permission to most graduates and three years for doctoral students. The aim was to attract global talent and make the UK a top destination for international education. Reducing the time limit now appears to be politically motivated. Ministers are likely responding to concerns over net migration figures, suggesting that some students and dependants may be using the study route as a route to long-term stay without serious employment prospects. However, there are concerns that shortening the Graduate visa risks undermining the UK’s reputation in global education and could push high-potential graduates to competitor countries.

High Potential Individual Visa

The UK Government plans to expand the High Potential Individual (HPI) route by adding more international universities to the approved list. This visa offers a strong option for recent graduates from top-ranked global institutions, as it does not require a job offer or employer sponsorship. Successful applicants can work in any sector, be employed, self-employed, or even establish a business. The visa lasts two years, or three years if the applicant holds a PhD. While the HPI visa does not currently lead directly to settlement, many visa holders use it to switch into routes like Skilled Worker or Global Talent, which do offer settlement opportunities. Between May 2022 and June 2024, around 4,500 main applicants received HPI visas, far fewer than the 200,000 Graduate visas granted during the same period. Examples of qualifying institutions include Harvard, MIT, Oxford, Stanford, ETH Zurich, University of Toronto, National University of Singapore, and the University of Melbourne. The relatively low uptake suggests that the visa’s eligibility criteria and application process remain strict despite recent efforts to broaden it.

Global Talent Visa

The Global Talent visa remains one of the UK’s most attractive immigration routes for highly skilled professionals in science, engineering, humanities, arts, and digital technology. Applicants can qualify either by securing an endorsement from a recognised body or by holding a prestigious award approved by the Home Office. The visa offers a high degree of flexibility: it does not require employer sponsorship, allows individuals to change jobs without permission, and permits freelance or self-employed work. Successful applicants endorsed under the exceptional talent category can apply for settlement after three years. Those endorsed under the exceptional promise category become eligible after five years. In recent years, this route has grown significantly in popularity. Between April 2020 and April 2023, over 17,000 individuals applied under this visa, and by the year ending September 2023, the number of grants had increased by 58% to more than 4,000. Endorsing bodies such as UKRI, Arts Council England, and Tech Nation have played a major role in the route’s development, with UKRI alone endorsing over 5,000 applicants. The Global Talent visa is now a key part of the UK’s strategy to attract and retain world-class talent.

The Innovator Founder Visa

The UKVI first introduced two major entrepreneur visas in 2013: the Start-up visa (for early-stage founders, no investment required) and the Innovator visa (for more experienced entrepreneurs with a £50,000 investment requirement). These replaced earlier routes like the Tier 1 (Entrepreneur) visa, introduced in 2008, which required £200,000 or £50,000 in qualifying investment funds, depending on the applicant’s background. Despite their purpose to attract more entrepreneurs, these routes saw limited uptake. Between 2019 and 2022, only a few hundred Innovator and Start-up visas were granted each year, and the success rates, while comparatively high in percentage, reflected low overall application numbers.

Innovator Founder Visa: Progress, Challenges, and High Entry Barriers

In April 2023, the Government launched the Innovator Founder route to simplify the system. This new visa removed the £50,000 investment requirement and merged the previous Innovator and Start-up routes. In its first year, the number of Innovator Founder visa grants rose to 494, a year-on-year increase of 88%. Another 492 Start-up visas were also granted before that route officially closed. Despite these improvements, the visa still presents difficulties. Endorsing bodies remain cautious, often requiring a proven business model, innovation, scalability, and occasionally charging high fees or demanding equity. Applicants must also meet an English language requirement at level B2, which is higher than many other UK immigration routes. Although the Innovator Founder visa offers a direct route to settlement after three years, many applicants still find it difficult to satisfy the criteria, giving this route a reputation for being one of the most demanding in the UK’s immigration system.

The UK’s talent and graduate routes are evolving—but not necessarily in favour of applicants. The next article explores a different kind of shift: stricter language rules, longer settlement timelines, and new barriers to citizenship. Head to Part 3 to see how integration and long-term residence will be redefined.

The post UK Visa Changes 2025: Who Pays and Who Stays? first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Zahra had her plan: a Master’s in Birmingham, followed by two years of graduate work. Her brother Tariq, working in care in Kenya, hoped to join her under the UK’s care worker route. But in May 2025, everything changed. The UK Government published its immigration white paper that outlines proposed reforms before laws are officially drafted. White papers are not legally binding, but they signal the Government’s intentions and often lead to new legislation or changes to the Immigration Rules. This particular white paper, shaped by political pressure to reduce net migration, sets out a major overhaul of the current system. For Zahra and Tariq – and thousands of others with similar hopes – the road ahead has just become far more difficult.

This article is the first in a four-part series explaining the UK Government’s 2025 Immigration White Paper. The white paper sets out one of the most significant immigration reforms in over a decade. Because these proposals could affect thousands of individuals and families, I’ve broken them down into four clear sections to help you understand what’s changing and how it may impact you.

 What Is a White Paper—and How Did This One Take Shape?

A white paper is an important government document that spells out future policy trends but isn’t yet law. Think of it as the official draft before legislation: it invites feedback, sets the direction, and acts as a bridge between political debate and legal reform. This particular immigration white paper, Restoring Control Over the Immigration System, was developed over several months and reflects thorough discussions in both the House of Commons and House of Lords. Ministers, MPs, peers, industry leaders, and charities contributed to debates, captured in Hansard. Hansard is the official written record of everything said in Parliament on issues ranging from tech-driven border controls and care-worker shortages to refugee sponsors and Windrush compensation. The name Hansard comes from Luke Hansard, the 18th-century printer who first published the official reports of parliamentary debates.

Following these parliamentary debates, the Home Office turned proposals into a structured white paper, clearly laid out under five key principles:

1. reducing net migration,
2. linking immigration to skills
3. enforcing simpler but stricter rules
4. improving legal defences against misuse, and
5. supporting integration.

The white paper then moves into a consultation phase: feedback is gathered from professionals and the public, opportunities for revision are provided, and only then, depending on consultation findings, might some proposals be translated into changes to the Immigration Rules or guided into Parliament as legislation. Not every policy in the white paper is guaranteed to progress. Those with enough support and legal alignment are more likely to reach formal regulations; others may be dropped or modified. This staged approach ensures the final rules are both practical and legally sound – a crucial process for developments as impactful as these.

So, what exactly has the Government proposed in this white paper—and what emerged from the parliamentary discussions that shaped it?

Higher Skills Could Soon Be Required for Work Visas

Under current rules, it’s possible to apply for a Skilled Worker visa with A-level equivalent qualifications (RQF Level 3). This makes a wide range of roles eligible, including positions in hospitality, retail, and logistics. However, the Government now proposes to raise the minimum skill level to RQF Level 6, which is equivalent to a university degree. If implemented, this shift would mean that many existing jobs (such as chefs, warehouse supervisors, and support workers) would no longer meet the requirements. Employers would likely struggle to fill key roles, especially in sectors already facing staff shortages.

Short-Term Options Proposed for Lower-Skilled Roles

The white paper suggests that a limited, time-restricted route for lower-skilled roles could remain but only under strict conditions. Employers may be permitted to recruit from overseas where a role appears on the Shortage Occupation List, but only if the Migration Advisory Committee (MAC) agrees there is a long-term shortage, and only where the sector has a credible domestic workforce strategy. They must also demonstrate active efforts to train and hire UK-based staff. If approved, such roles would be capped and subject to regular review.

Examples could include fruit pickers in agriculture, certain roles in food processing, or meat hygiene inspectors, sectors historically reliant on overseas labour. These would not lead to settlement and would be tightly controlled.

This list of eligible roles is maintained under the Immigration Salary List, introduced in April 2024, which replaced the older Shortage Occupation List. While the purpose remains similar—to highlight jobs that face significant recruitment difficulties in the UK—the criteria and structure of the new list are stricter. You can view the most recent version here:
gov.uk/government/publications/immigration-salary-list

For sectors like hospitality, food production, and seasonal work, these proposals create considerable uncertainty, as continued access to overseas labour is not guaranteed.

Care Worker Route Is Closing

The white paper proposes ending new overseas recruitment for care workers. Thousands of migrants have come to the UK to train and work in social care, helping to support the country’s ageing population. In 2023, the Government issued a record 106,000 Skilled Worker visas for social care roles, making up around 75% of all health and care worker visas. However, this number dropped significantly in 2024, with just 27,174 Health and Care Worker visas granted – a sharp decline of 81% compared to the previous year.

Between April 2024 and January 2025 alone, main applicant approvals under this route fell from 115,000 to 23,200, marking one of the most dramatic reductions in recent visa trends. These figures reflect deeper issues: England’s adult social care sector reported over 131,000 vacancies in 2023–2024, with a vacancy rate of 8.3% almost twice the national average. This means that for every 100 care jobs in England, more than 8 remained unfilled during that period.

From March 2022 to March 2024, approximately 185,000 migrant workers entered care jobs in the UK. This temporary influx helped ease some of the pressure, but the demand has remained consistently high. The proposed closure of this route to new overseas applicants means only those already in the UK will be able to extend or switch until 2028. Employers and families who had relied on this route for staffing or reunification will need to look for alternative immigration routes.

This white paper marks a serious tightening of the UK’s immigration framework. But there’s more to understand—especially about costs, visas for graduates, and what’s changing for families. Continue reading Part 2 to learn how the financial and post-study visa rules are shifting.

The post 2025 UK Immigration White Paper: What’s Changing and Why first appeared on UK VISA SUCCESS with Svitlana Shlapak.

The UK government intends to increase the minimum annual income requirement starting in April 2024. They will raise it to £29,000 gross per year from April 2024. The next increase will be to £34,500 and then finally to £38,700 gross. The exact dates of this are yet to be confirmed.

Prime Minister, Rishi Sunak, said that the UK government will increase the minimum income requirement to the full amount of £38,700 in “early 2025”.

What is the Minimum Income Requirement for UK Partner Visas?

Unless you are exempt (please see below), you will need to meet the financial requirement in the form of a minimum income requirement.

Currently, the minimum income requirement for a UK partner, applying without dependent children, is £18,600 gross per year. However, if you would like to include a child in your application, you’ll need to add an additional gross income of £3,800 for the first child and an additional £2,400 for each further child.

Therefore, the level of the financial requirement will be:

• partner with no children or no children who are subject to the income requirement: £18,600
• 1 child in addition to the partner: £22,400
• 2 children in addition to the partner: £24,800
• 3 children in addition to the partner: £27,200

Children Exempt from Meeting the Financial Requirement

The financial requirement does not apply to a child who is:

• a British Citizen
• an Irish Citizen
• a European Economic Area (EEA) national resident in the UK under the old EEA rules if their rights remained in force until the end of the grace period on 30 June 2021
• residing in the UK with the confirmed rights under the EU Settlement Scheme
• an ILR holder (or qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules)

Sources for Meeting the Financial Requirement

If you intend to meet the financial requirement by way of showing your earnings at the required Minimum Income Requirement level, you’ll also need to prove that it is from one of the five acceptable sources:

1. income from salaried or non-salaried employment of the partner. The Home Office divides this source into Category A (in employment for over 6 months) and Category B (in employment for less than 6 months)
2. non-employment income, for example, income from property rental or dividends from shares: Category C
3. your or/and your partner’s cash savings above £16,000 (Category D)
4. your or/and your partner’s state (UK or foreign), occupational or private pension (Category E)
5. income from self-employment, and income as a director or employee of a specified limited company in the UK: Category F (when relying on income for 1 financial year) or Category G (when relying on income for 2 financial years).

Who is Exempt from Meeting the Minimum Income Requirement?

You can claim an exemption from meeting the Minimum Income Requirement if you are in receipt of one of the following:

(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

However, even if you are exempt, you will still need to prove that you and your partner will be able to maintain and accommodate yourselves and any dependants adequately in the UK without recourse to public funds.

‘Adequate’ and ‘adequately’ in relation to a maintenance and accommodation requirement means that, after income tax, National Insurance contributions and housing costs have been deducted, the family has the same level of income that would be available to them if they were in receipt of Income Support.

What if You Do Not Meet the Minimum Income Requirement for Your Spouse/Partner Visa Application?

If you do not earn at the required Minimum Income Requirement level and are unable to meet the financial requirement in any other way, you will have to apply under the ’10-year’ route to settlement (as opposed to the 5-years for those partners who meet the requirement). This means that you will become eligible to apply for ILR only after living in the UK for at least 10 years. This is provided you meet all other requirements for your spouse visa application.

Why are there Significant Increases to the Minimum Income Requirement for UK Spouse/Partner Visas?

According to the ‘Net Migration Measures’ factsheet  the increase will help bring the Minimum Income Requirement in line with the new minimum general salary threshold for Skilled Workers (£38,700 gross per year). This is to ensure people only bring dependants to the UK they can support financially and will apply to all British and settled sponsors under the five-year partner route.

If You Already Have a 5-Year UK Partner Visa

The UK Government confirmed that if you already have a 5-year UK partner visa and if you apply before the minimum income threshold is raised, you will continue to have your applications assessed against the current income requirement. In other words, your application will be assessed under the old rules. This will also be the case for children seeking to join or accompany parents.

They further clarified that the application would be assessed under the old rules if your fianc(é)e visa was granted before the minimum income threshold was raised.

However, if you are already in the UK on a different route and intend to switch to the 5-year UK partner route after the minimum income requirement has been increased, the UKVI will assess your application under the new income requirement.

The post Significant Increases to Minimum Income Requirement for UK Spouse/Partner Visas first appeared on UK VISA SUCCESS with Svitlana Shlapak.

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

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

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

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.

The post UK Marriage, Fiancé(e) and Proposed Civil Partnership Visas: The Financial and Other Requirements first appeared on UK VISA SUCCESS with Svitlana Shlapak.

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

The Eligibility Requirements

The Eligibility Requirements consist of four elements:

1. Relationship
2. Financial
3. Accommodation
4. English language

The Relationship Requirement

Your Partner

Your partner should have one of the following immigration statuses:

(a) a British Citizen in the UK; or

(b) present and settled in the UK (with ILR); or

(c) in the UK with refugee leave or with humanitarian protection; or

(d) in the UK with limited leave under Appendix EU; or

(e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay.

Age

You and your partner have to be over 18.

Not Closely Related

You should not be in a prohibited degree of relationship. If you are somehow related to your future spouse, you’ll need to check this Home Office guidance  to ensure that your relationship will not invalidate your marriage/civil partnership.

Have Met

With the application, you’ll need to provide evidence confirming that you and your partner have met in person (not necessarily in a romantic way).

Genuine and Subsisting

Your relationship is genuine and subsisting. This is a very important element of the relationship requirement for UK marriage visa applications. This is because where the applicant and partner are married or in a civil partnership, they will generally have satisfied the genuineness part of this requirement by providing evidence of a valid marriage or civil partnership.

How can you prove that your relationship is genuine and subsisting? The Home Office guidance suggests that:

Each relationship is unique in regard to how it started, developed, and has subsisted, and it is therefore important to consider each relationship on its own facts and avoid presumptions and unreasonable expectations. Cultural and religious practices may be relevant when assessing whether a relationship is genuine and subsiding.

However, they’ll always take into consideration the following:

• information provided by the applicant on the application form
• the signed declaration from the partner that accompanies the application
• evidence provided in support of the application
• where available (in the UK), direct checks with third parties.

There is no specified evidence for proof of the relationship. In other words, the Home Office cannot refuse the application because you didn’t submit a certain document. They need to apply the ‘balance of probabilities test’ when assessing this element and your visa application in general.

What is a Balance of Probabilities Test?

In Miller v Minister of Pensions [1947] 2 All ER 372 case, Denning J said:

“If the evidence is such that the tribunal can say ‘we think it more probable than not’, the burden is discharged, but if the probabilities are equal it is not.”

Expressing that in percentage terms, if a judge concludes that it is 50% likely that the claimant’s case is right, then the claimant will lose. By contrast, if the judge concludes that it is 51% likely that the claimant’s case is right then the claimant will win. One may well ask how the judge is expected to measure the probabilities of a case to 1%!

In their guidance, the Home Office further stated that:

‘Evidence of a genuine and subsisting relationship is strengthened where there is evidence of living together over time, for example, shared financial responsibilities and household bills over the last 12 months.’

You Enter to Get Married/Form Civil Partnership

You’ll also need to provide the Home Office with evidence confirming that the only purpose of making the UK marriage visa application is to get married/form a civil partnership with your partner.

Any Previous Relationship Have Broken Down

If you were married/in a civil partnership before, you need to prove that you are no longer in the relationship with this person. This can be evidence of the person’s death or divorce/dissolution of a civil partnership.

Intention to Live in the UK

You and your partner should intend to live in the UK after your application is approved.

Continue reading part 3 HERE.

The post UK Marriage, Fiancé(e) and Proposed Civil Partnership Visas: The Relationship Requirement first appeared on UK VISA SUCCESS with Svitlana Shlapak.

This article explains the rules you’ll need to meet when applying for a fiancé(e) or 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 1. You can jump to part 2 HERE and part 3 HERE.

The UK Marriage Visa or UK Marriage Visitor?

Before I explain the rules for Fiancé(e) and Civil Partnership visa applicants, it’s very important for you to understand the difference between UK marriage visas and UK marriage visitors.

These are two completely different immigration routes. Therefore, different sets of rules apply.

The UK Marriage Visitor route is usually for those who do not live in the UK and would like to come to this country solely to have a wedding ceremony.

The Fiancé(e) and Civil Partnership route (referred to as the UK marriage visa afterwards) is a route for someone who resides in the UK on a permanent basis (for example, as a British citizen) and wishes to marry someone who does not have a right to reside in the UK on a permanent basis (e.g. a visa-national student).

Three Requirements to Satisfy

For you to succeed in your UK marriage visa application, you need to meet the following three requirements:

1. The Validity Requirements
2. The Suitability Requirements
3. The Eligibility requirements

UK marriage visa applications are predominantly submitted from outside the UK, and therefore, all rules, which I’ll explain below, are based on the assumption that you submit your visa application outside the UK. In legal terms, this is known as an entry clearance application.

The Validity Requirements

To meet the validity requirements, all you need to do is to make sure that you comply with the technicalities of the visa application process. There are five of them:

1. The form

You’ll need to complete the correct application form

2. The fee

At the time of writing this article, the visa application fee is £1,538

3. Proof of Identity, Nationality and Age

Both, the applicant (the one who applies) and the Sponsor (the one who invites) will need to submit their passport with the application to confirm their identity, nationality and that they’re over 18.

4. Biometrics

Home Office outsources the biometrics-taking process to its three commercial partners:

If you are outside the UK, it’s either VFS Global or TLS Contact. You can check which one accepts applications in your country HERE. If you are applying in the UK, it’s The Sopra Steria.

5. No TB test or IHS

If your UK marriage visa is successful, it will be valid for only 6 months. For this reason, you don’t need to pay the IHS or provide the TB test certificate together with the application, even if your country is on the Appendix T list.

The Suitability Requirements

After assessing if you meet the validity requirements, the decision-maker will check if you comply with the suitability requirements. This is when they assess your character to see if there are any grounds to believe that you may not be ‘suitable for entering the UK’.

You’ll need to meet the suitability requirements at Section S-EC: Suitability-entry clearance.

Mandatory v Discretionary

If you read these requirements and pay close attention to the wording of these rules, you’ll note that there are two types of suitability requirements: mandatory and discretionary.

Any suitability requirements with the word ‘must’ mean they are mandatory. In other words, if this rule applies, the decision-maker has no choice and has to refuse the application.

Discretionary grounds, with the words ‘will normally’ or ‘may’, mean that the UKVI has discretion and can either reject the application but may choose not to.

Continue reading part 2 HERE.

The post UK Marriage, Fiancé(e) and Proposed Civil Partnership Visas first appeared on UK VISA SUCCESS with Svitlana Shlapak.

Gwen is a citizen of a visa-national country and lives outside the UK. Several months she married John, a British citizen. John was born in Cardiff, Wales.

Gwen does not work but has savings of £3,000. Gwen’s grandmother transferred this amount to her account 5 years ago, on Gwen’s 18^th birthday.

John works as a chef at a local restaurant ‘Appollo’. He started working there 10 months ago. One month ago, his employer changed his contract from salaried to non-salaried employment.

Your income over the last 11 months his gross income was as follows:

John said that usually, he works 11-hour shifts, 4 days a week. On weekdays he earns £10.00 per hour (£110 per day). On weekends he gets £12.00 per hour (£132 per day).

John does not have any other income and does not claim any benefits.

Gwen would like to apply for a visa (entry clearance) to join John in the UK. However, John is not sure if he can meet the financial requirement for this application.

Non-Salaried v Salaried Employment

Non-salaried employment includes that paid at an hourly or other rates (and the number and/or pattern of hours required to be worked may vary) or paid an amount which varies according to work undertaken.

In contrast, 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.

What is the Minimum Income Requirement for this Application?

To assess the parties’ chances of meeting the financial requirement for this application, we need to start by establishing the minimum income requirement for this application. John and Gwen do not have any children, and therefore the minimum income requirement for this application will be £18,600 gross a year (unless exemptions apply).

How are You Going to Meet the Financial Requirement?

Secondly, we need to decide how John and Gwen are going to meet the financial requirement. There are 3 ways of doing this:

Income

If a British citizen spouse (the Sponsor) works, then potentially the couple can meet the requirement by way of showing the Sponsor’s income at the required minimum income requirement level. We already established that for Gwen, it is £18,600.

Savings

If the Sponsor does not earn enough, can the parties also rely on their savings when making their application? Yes, they can. However, their savings need to be in their bank account for at least 6 months.

We know that Gwen’s savings have been in her bank account for over 5 years, but does she have enough?

The Home Office uses a special formula for calculating this:

£16,000 + (shortfall x 2.5).

The easiest way to show you have this works in practice is to give you an example.

Example

Suppose John earns £14,320 gross a year (not enough for the minimum income requirement level). How much savings do they need to have to meet the financial requirement?

To establish this, we need to apply a straightforward 2-step process.

Step 1:

We need to start by calculating the shortfall for the formula:

Shortfall = minimum income requirement – the Sponsor’s actual income

In John’s example, it will be:

Shortfall = £18,600 – £14,320 = £4,280

Step 2:

Then we need to insert this amount into the formula:

£16,000 + (£4,280 x 2.5) = £26,700

This means that if John earned £14,320, the couple would need to have at least £26,700 in their bank account for at least 6 months to meet the requirement.

£16,000 in this formula means that the Home Office will totally disregard any savings below £16,000.

Gwen’s Savings of £3,000

For this reason, sadly, the Home Office will completely ignore Gwen’s savings. However, I’d still advise John and Gwen to submit their bank statements confirming that they have these savings. This will add credibility to their application and reassure the decision-maker that the couple has a safety net if something goes wrong with John’s employment.

Exemptions

There is also a way of showing the applicant meets the financial requirement for the application if the Sponsor gets 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;

However, we know that John does not receive any benefits, and therefore this exemption will not apply here.

Is this Income from a Permitted Source?

The next step is to establish if John’s income is from one of the permitted sources of income.

The rules give the following examples:

(a) income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;

(b) specified pension income of the applicant and partner;

(c) any specified maternity allowance or bereavement benefit received by the partner in the UK or any specified payment relating to service in HM Forces received by the applicant or partner;

(d) other specified income of the applicant and partner; and

(e) specified savings of the applicant and partner.

John is employed, and therefore example (a) applies.

Categories A and B

The Home Office will use different formulas for calculating the Sponsor’s income, depending on the category.

Category A calculations apply to those who were the same employer for 6 months and had a fixed income.

Category B applies when the Sponsor was either with the same employer for less than 6 months, or their income was variable.

John does not qualify to apply under Category A. Although he was with the same employer for more than 6 more, the switch from salaried to non-salaried employment means that his income is ‘variable’. Sponsors with variable income should apply under Category B.

How to Meet the Financial Requirement Under Category B

Under Category B, the Sponsors need to meet 2 parts of the test.

According to the rules:

‘Where the applicant’s partner is in non-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 should count the gross annual salary at the date of application towards the financial requirement.’

Part 1

First, we need to establish if John meets the financial requirement by checking his current average income from non-salaried employment.

The Formula for Calculation of the Average Income from Non-Salaried Employment

According to the Home Office guidance, to calculate this annualised average for non-salaried employment in Category B, the following calculation should be used:

Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement.

Part 1 of the Test

For the sake of this example and clarity, let us assume John and Gwen will be making their application 1 month after he started his non-salaried employment.

John said that usually, he works 11-hour shifts, 4 a week. On weekdays he earns £10.00 per hour (£110 per day). On weekends he gets £12.00 per hour (£132 per day).

In the last month before the application, he worked 4 days a week (3 weekdays and 1 weekend). His average gross salary was £110 + £110 + £110 + £132 = £462 per week (or £2,002 gross per month: £462 x 52 week /12 months)

John’s average annual gross income from non-salaried employment will be: £2,022 x 12 months = £24,024

Therefore, part 1 is met as £24,024 is more than the required minimum income of £18,600.

Part 2

To meet the second part, John needs to prove that in the last 12 months before the date of application, his income was above £18,600.

We need to add John’s income over the last 12 months:

£1,100.99 + £0.00 + £398.00 + £1,166.67 + £1,166.67 + £2,166.67 + £956.68 + £2,166.67 + £1,182.82 + £2,166.67 + £1601.45 + £462.00 = £14,535.29

Therefore, part 2 is not met because John earned only £14,535.29, which is less than the required £18,600.

The Solution

John needs to continue working and submit the application once his total gross income reaches £18,600 gross in the last 12 months. It is also important to make sure that before he applies, he still meets the first part of the test.

Documents You Need to Submit to Prove that You Meet the Financial Requirement (Once you Qualify to Submit the Application)

In THIS ARTICLE  you’ll find out what documents you need to submit to prove that you meet the financial requirement for the application.

The post UK Spouse Visa: How to Combine Income from Salaried and Non-Salaried Employment? first appeared on UK VISA SUCCESS with Svitlana Shlapak.

There are over 85 UK visa types. To help you understand various UK immigration routes, I’ve divided these visa types into six main categories.

There are visas for:

1. Visiting the UK
2. Studying in the UK
3. Working in the UK:
   1. Long-term UK work visas
   2. Short-term UK work visas
   3. Investor, business, and talent routes
   4. Other work-related routes
4. Joining family members in the UK:
   1. General rules
   2. Family members in work routes
   3. Family members of those who are settled in the UK
5. EU, EEA, and Swiss citizens
6. Protecting citizens

This article is a part of the ‘UK Immigration and All UK Visa Types in 2022’ article series. You can get all the links to articles and videos from this series HERE.

In this article, I’ll explain the general rules about all dependants. Then, in the next article, I’ll concentrate on the rights of dependent family members in work routes to join their loved ones in the UK. In article No3 I’ll elaborate on the rules for family members of British citizens and those settled in the UK.

Who Can Apply as a Dependant?

In the majority of cases, only partners and children can apply.

Children

According to Immigration rules, ‘child’ means a person under the age of 18 at the time of making their 1^st application.

Children over 18 can only apply if:

• they are making an application for permission as a dependant of their parent or parents, having last held permission as a dependant of the main applicant. The Home Office calls the main applicant: ‘lead applicants’.
• they are not leading an independent life after the Home Office granted their first visa application.

Also, for children to qualify, they’ll need to prove that they do not lead an independent life and are dependent (financially and emotionally) on a lead applicant.

Child Leading an Independent Life

What does this mean?

Although it may help, there is no requirement for partners and dependent children to apply at the same time.

When children are over 16, they’ll need to prove that they are still dependent on the lead applicant or their dependent partner when applying.

In other words they:

(a) do not have a partner; and

(b) are living with their parent (except where they are at boarding school, college or university as part of their full-time education); and

(c) are not in full-time employment; and

(d) are wholly or mainly dependent upon their parent for financial support; and

(e) are wholly or mainly dependent upon their parent for emotional support.

How can you prove this?

Usually, the Home Office will accept the following documents:

• bank or building society statement (which may show funds that their parent is providing to support them)
• credit card bills
• NHS registration document
• an official letter from their current school, college, or university that confirms their address

Suppose you are not living with the family because you are attending school, college, or university. In that case, the Home Office will usually want to see more evidence confirming that you are not leading an independent life.

So, if you live at a separate address, you will need to provide confirmation that it is due to you studying elsewhere.

Evidence of this can include:

• official confirmation of your studies from school, college, or university
• evidence that your parents are financially supporting you up to the point of applying (for example, evidence covering 3 months before the application).

Partners

In the definition of ‘partners’, the Home Office included the following categories:

• Spouses
• civil partners
• partners who are not married or in a civil partnership. However, in these cases, the UKVI will usually expect the applicants to prove that they have lived together, under the same roof, for at least 2 years.

They all have to be over 18 to qualify.

Children from Previous Relationships

The term ‘parent’ includes:

(a) the stepfather of a child whose father is dead, and reference to stepfather includes a relationship arising through civil partnership; and

(b) the stepmother of a child whose mother is dead, and reference to

stepmother includes a relationship arising through civil partnership; and

(c) the father, as well as the mother, of an illegitimate child where the person is proved to be the father; and

(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK;

(e) in the case of a child born in the UK who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parents’ inability to care for the child.

Biometrics and Immigration Health Surcharge for Children

All family members will need to pay the fee for visa application, Immigration Health Surcharge, and provide their biometrics.

Children under the age of 6 only need to provide their photos only. Those, between 6 and 16 will need to provide their photographs and fingerprints. Children over 16 will also need to sign their visa applications.

Children under 18 will need to pay Immigration Health Surcharge at the reduced rate of £470 per year (the full rate is £624 per year).

How to Prove Your Relationship with the Lead Application

If you are married or formed a civil partnership, your marriage or civil partnership certificate should be enough to demonstrate proof of the relationship. It is provided these documents are recognised in the country where marriage or civil partnership took place.

Partners in Durable Relationship

It gets trickier with partners in a durable relationship. To succeed in your application, you’ll need to provide evidence confirming that you have lived together for at least 2 years before the date of the application. The documents, which you may submit with the application to prove this, may include, but are not limited to:

• bank/building society statements, council tax, or utility bills
• residential mortgage statements or tenancy agreements
• official correspondence or documents that link the lead applicant and their partner and show they are living at the same address

You will need to complete a 2-year period before the date of the application.

Exceptions to these general rules are possible. However, you’ll need to gather solid evidence to prove that:

• it was not reasonably possible for the other partner to accompany or join the lead applicant, and
• also you’ll need to provide evidence confirming that the relationship continued throughout the period of separation, after the departure of the lead applicant to the UK. For example, you provide documents confirming that you visited each other regularly. Also, you can submit letters, logged phone calls, shared financial accounts, etc.

Parental Relationship

The documents, which will prove that the main applicant is your parent, include:

• a full birth certificate, which includes the names of both parents
• a court order such as a special guardianship order
• a government-issued household registration certificate

The Home Office does not accept affidavits as these are only evidence someone has made a sworn statement regarding a claimed relationship, and not evidence of that relationship by themselves.

Financial Requirements

If the immigration route of the main applicant permits the dependants to join them, you’ll need to provide documents confirming that you meet the financial requirement.

There are several exceptions to this general rule:

1. you don’t need to prove that you meet the financial requirement if you are applying for permission to stay and have been living in the UK with permission for 12 months or longer on the date of application;
2. if the route requires evidence of adequate maintenance and accommodation for the lead applicant (for example, Representative of an Overseas Business and UK Ancestry).
3. Finally, the last exception is when the lead applicant is in the UK on Temporary Worker routes, the Intra-Company routes, the T2 Minister of Religion route, the International Sportsperson route, and the Skilled Worker route, the sponsors can confirm financial support instead of the lead applicant.

If these exceptions don’t apply, you’ll need to have:

• £285 for a dependent partner
• £315 for the first dependent child
• £200 for any other dependent child

Funds have to be in the lead applicant’s account for at least 28 days

The post General Rules for Family Members Travelling to the UK first appeared on UK VISA SUCCESS with Svitlana Shlapak.