Who should apply?
Appendix FM of the Immigration Rules enables Non-European nationals to apply for Entry Clearance or Leave to Remain in the United Kingdom on the basis of their relationship as a ‘Partner’ of a British citizen or someone with settled status in the UK. As specialist Immigration and Human Rights Solicitors, we can help you to make all applications under this category. In recent years we have gained particularly extensive experience and a wide client base in relation to Civil Partnerships.
You are considered to be a “partner” if you are a spouse, civil partner, or un-married partner of that person. If you are unmarried, you must have been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.
There are specific requirements which must be met in order for your leave to enter or to remain, to be granted. The requirements concern namely:
- Your suitability
- Your relationship with your partner
- Your partner’s earnings
- The adequacy of your accommodation in the UK
- Your English language skills; and
- Your knowledge of life in the UK (for settlement only)
For those who are already living in the United Kingdom but are unable to meet some or all of the above requirements, there is provision within the rules for you to make an application for leave to remain providing that you are able to show “insurmountable obstacles to family life” if you were made to separate from your partner or from a child with whom you have a parental relationship.
You will need to provide specific, accurate and original evidence to prove that you meet the above requirements. In addition, if you are applying as an unmarried partner you will also be required to provide supporting documentation to prove that you have been cohabiting and that your relationship has been genuine and subsisting for a period of at least 2 years.
There is usually a financial requirement that the sponsor earns £18,600. There is a further requirement of £3,800 for the first child and an additional £2,400 for any further children.
What counts towards the £18,600?
Usually, the £18,600 will come from a spouse’s specified employment. In respect of salaried employment in the UK, the following evidence must be provided:
- Wage slips for the past 6 months with one employer or the past 12 months with more than one employer,
- A letter from the employers who issued the wage slips, and
- Personal bank statements corresponding to the same period as the wage slips.
Rental income can be included to make £18,600, and you will have to provide:
- Confirmation that your sponsor owns the property, either by a copy of the title deeds, the title register from the Land Registry or a mortgage statement,
- Personal bank statements for the past 12 months showing that the rental income was paid into an account in the name of the sponsor, and
- A rental agreement/contract.
A pension can also count towards the £18,600. In order to rely on a pension, you will need to provide:
- Official documentation from the Department for Work and Pensions (for the Basic State Pension and the Additional or Second State Pension),
- Official documentation from a pension company, confirming pension entitlement and amount, and
- At least one personal bank statement in the last 12-months showing payment of the pension into the sponsor’s account.
If your sponsor is a self-employed director of a limited company, you will need to demonstrate that he or she is the director of a company and that the shares are held directly or indirectly by him or her. The following documents must be provided:
- Tax Returns for the last financial year and evidence this has been filed with HMRC such as electronic or written acknowledgement from HMRC;
- Evidence of registration with the register of companies at Companies House;
- If the company is required to produce annual audited accounts, copies of such accounts;
- If the company is not required to produce annual audited accounts the latest unaudited accounts and an accountant’s certificate of confirmation, from the accountant who is a member of the UK recognised supervisory body;
- Corporate/business Bank statements for the last year and one of the following documents:
- Certificate of VAT registration and the latest VAT Return confirming the VAT registration number if turnover is in excess of £73,000;
- Proof of ownership or list of the business premises;
- proof of registration with HMRC as an employer for the purpose of PAYE and national insurance; and
- of PAYE reference number;
- Where the person is listed as a director of a company and receives a salary from the company, all of the following documents must also be provided:
- Pay slips and P60s covering the same period as Company Tax Returns CT600; and
- Personal Bank statements covering the same 12-month period as the company Tax Returns CT600 showing that the salary as a director was paid into an account in the name of the person;
- Where the person receives dividends from the company, all of the following documents must also be provided:
- Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit;
- Personal bank statement(s) showing that those dividends were paid into an account in the name of the sponsor; and
- Evidence of ongoing employment as a director of the company or of ongoing receipt of dividend income from the company must be provided.
There may be no financial requirement of an income of £18,600 or above where the sponsor can satisfy a savings requirement.
This requirement is £16,000 plus 2.5 times the shortfall of the sponsor’s employment under £18,600. This means, if your sponsor is unemployed, he or she will need to show savings of £16,000 plus 2.5 times £18,600. This would be a total of £62,500. Therefore, the sponsor and the applicant will have to show savings totalling £62,500.
Danielle and her team of Immigration Lawyers in London can help to make the process as straightforward as possible and ensure that you provide accurate and comprehensive evidence in support of your application. If you would like Danielle and her team to assist with your application, or you have a general query please do not hesitate to call us on 020 7267 4133.