If a British citizen or settled individual is returning to the UK with a spouse or a partner or a child after spending time abroad, the financial requirement must be met to prove that the family is sufficiently funded to live in the UK. To prove this, it can be evidenced by cash savings, assets, rental incomes or employment. Meeting the financial requirement is much more demanding for couples where they are already in the UK.
Evidence of cash savings
Cash saving can be counted toward the financial requirements. It should be held and controlled by the sponsor or applicant (or jointly) for at least 6 months in the accounts of two persons (couple or partner) and this amount must be above the minimum level of £16,000. You must have at least £62,500 in your account to rely on only cash savings. However, if you have dependent children or want to prove different income combined with cash savings, the amount is calculated differently.
Selling assets
It will not meet financial requirements with funds that cannot be withdrawn immediately, such as investment accounts, stocks, bonds, or trust funds. However, if the couple liquidates their investments into cash savings, it could also be counted to meet the financial requirement. If a financial asset is held in the name of two people or each person for more than six months and converted to a cash saving, it can be calculated at six months as long as they were always in the ownership and under control of the applicant or sponsor.
This principle can also be applied to the sale of the property. If the applicant or sponsor owned property in the UK or abroad in the name of a couple or in the name of an applicant or spouse, and sold it to produce cash savings before the application, the period of ownership can be included in the six months required.
Evidence of property rental income
Couples returning to the UK from abroad can prove their finances with property rental income to meet financial requirements. This is based on rental income received from the property for 12 months before the date of application for a spouse visa.
As of the date of application, income is available not only in the UK but also in the overseas property, and property must be held in the name of joint or applicant or sponsor. Property rental income can only be included if it comes from property that is not used as the couple's main residence. If the property is in the UK, it cannot be counted if it is intended to be their main residence when they return to the UK in the future.
Pension
Pension income can also be used as a source of income. A government pension, occupational or private pension for both or one of them may be counted towards the financial requirement. These pensions may include all pensions in the UK or abroad.
Employment income
If a UK spouse visa applicant (the partner who is not British or settled) has been working outside the UK for a non-UK company, their income from this work cannot usually be used to meet the financial requirement. Income from a Sponsor (the British or settled partner), on the other hand, can be relied upon to meet the requirement even when it comes from work undertaken outside of the UK for a non-UK company.
If a sponsor has worked abroad for more than six months or is self-employed, the income can be counted to meet the financial requirements. The annual gross earning is should be above £18,600 and the additional income should be calculated if a partner has dependent children.
However, there are some additional requirements that the Sponsor must meet for a couple who wish to return to the UK to rely on this overseas income.
Regardless of the Sponsor’s employment status at the date of application, they will also have to meet a second requirement involving their future in the UK. They must have a confirmed offer of salaried or non-salaried employment to which they will return to the UK. The employment must start within 3 months of their return. If the employee is salaried, it must have a gross annual starting salary sufficient to meet the level of financial requirement relied on.
If a sponsor is self-employed who is relying on continuing their self-employment in the UK, they must provide evidence that their self-employment is on-going and will be continuing in the UK. This can be in the form of an application to the appropriate authority for a licence to trade, details of the purchase or rental of business premises, a signed employment contract or a signed contract for the provision of services, or a partnership of franchise agreement signed by the relevant parties to the agreement.