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aiden
8th January 2013, 05:49
Hello All.

I have some questions and hope that some of you could possible help me about my confusion.

I read this today and need some clarification.



http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

How much income do I need to have?

You must have an income of at least £18,600.

If you are sponsoring a child as well as a partner you will need an income of at least £22,400.

For each additional child being sponsored you will need an additional income of £2,400. For example, if you are you are bringing 2 children with you to the United Kingdom, you must have and income of £22,400 and £2,400 for the additional child, so a total of £24,800.

You will be required to provide documents to show that you can meet the financial requirement. The way you meet the requirement will be different, depending on whether you are applying from inside or outside the UK.
Exemptions

You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds.

For more information about the financial requirement and the evidence we need, read Annex FM 1.7 - Financial requirement, which you can find on the right side of this page. It is guidance for our staff.


[B]
MY SITUATION


I am a 31 year British male living in Cebu with my wife and two children. My children were born here and they have both dual citizenship status (British and Philippines passport). (under 5 years old)

If and when i return to the UK, Im correct to say that i dont have to sponsor my own children because they already have a british passport. I will only be sponsoring my wife right?

In this situation do i still need to earn extra income in order to meet the financial requirement for my children or not?

Please could someone kindly clarify.

thanks

Terpe
8th January 2013, 08:24
......If and when i return to the UK, Im correct to say that i dont have to sponsor my own children because they already have a british passport. I will only be sponsoring my wife right?......

Correct. Your children have British Passports and do not require visa's. No sponsorship is needed. :xxgrinning--00xx3:

grahamw48
8th January 2013, 12:25
So illustrating the importance of registering foreign-born children with the British Embassy and getting them a British passport asap. :smile:

Also insurance for them should anything bad happen to you in the future.

aiden
8th January 2013, 14:56
So do i still need to demonstrate additional income for my kids or am i correct that i only need to show the minnincome req 18,600?

Terpe
8th January 2013, 15:05
So do i still need to demonstrate additional income for my kids or am i correct that i only need to show the minnincome req 18,600?

No.
You do not need to demonstrate any additional income above the UKBA threshold of a gross income of £18600

If you are currently living in Philippines and do not currently have employment in UK then you'll need to secure a job at that salary level before your wife can make an application.
There are some special conditions in the Financial Requirements about this that might help in avoiding you residing in UK for 6 months before visa app.

Take some time to review if that applies

aiden
8th January 2013, 15:16
Hey Terpe

thanks for your reply.
Im interested in what you said about special conditions. Yes im still in the Philippines but im interested to know and it would be fantastic if i dont have to spend 6 months before visa app. I have been living with my family here for more than 5 years as husband and wife.

please advise further
thanks



No.
You do not need to demonstrate any additional income above the UKBA threshold of a gross income of £18600

If you are currently living in Philippines and do not currently have employment in UK then you'll need to secure a job at that salary level before your wife can make an application.
There are some special conditions in the Financial Requirements about this that might help in avoiding you residing in UK for 6 months before visa app.

Take some time to review if that applies

Terpe
8th January 2013, 20:40
Well it's quite a long and complicated read, but look here at Appendix FM-SE look here at Appendix FM-SE (http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/
)

I'll attempt a brief summary, but please do review the immigration rules above

When the applicant’s partner (you) is returning with the applicant (your wife) to the UK to work, then you would apply under Category B
This means you don't have to be in employment at the date of application.
But you must be able to meet the Financial Requirement in two parts:-

First, you must must have confirmed salaried employment to return to in the UK (starting within 3 months of their return).
This employment must have an annual starting salary sufficient to meet the financial requirement.

Second, in addition to the above, the couple returning to the UK must have received in the 12 months prior to the application, the level of income required to meet the financial requirement, based on:-

The gross salaried employment income overseas of the applicant’s partner

The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly

and/or

The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.

This means that the assessment of the financial requirement will therefore be based on the gross annual salary of the applicant’s partner’s salaried employment which starts within 3 months of their return to the UK.
This source is allowed to be combined with non-employment income, cash savings and pension(s)

And the actual gross income received from all the applicant’s partner’s salaried employment in the 12 months prior to the application.
Earnings from overseas employment can be included.
This can be also be combined with the actual gross income the couple received from non-employment income and pension(s) over the same 12-month period.
Cash savings cannot be used for this.

aiden
9th January 2013, 00:50
The link posted above doesnt seem to be functioning. I dont know if the link is actually faulty or what?

Terpe
9th January 2013, 10:37
I re-entered the link, not sure why it didn't work.
If you still can't get it work:-

here's the route from UKBA home page:-

Home
> Policy and law
> Immigration law
> Immigration Rules
> Appendix FM-SE - Family members - specified evidence
(this is almost at the bottom of the page under 'F' - alphabetical order)

My summary was not useful enough to gauge if it applied to you then?:Erm:

aiden
10th January 2013, 12:36
Is the figure £18,600 Gross or Net pay?

and also

If Im unable to earn £18,600 from one position, is it possible for me to obtain a 2nd position, part time work on the weekend and make it up to £18,600

This is my plan,
MOnday to Friday work full time earn about £15,000 per year (gross)

Sat and Sun - work part time earn about £5,000 - £6,000 pounds per year

Plus get my mum to put in a sponsorship too to make the application more stronger.


After my wife comes here with our two british kids my wife will work weekends and i can then look after the kids on the weekends.

What do you think ? is it possible?

Terpe
10th January 2013, 23:47
..Is the figure £18,600 Gross or Net pay?

It's gross annual income.


..If Im unable to earn £18,600 from one position, is it possible for me to obtain a 2nd position, part time work on the weekend and make it up to £18,600
Yes, provided both positions meet the requirements of the category you are applying under.


..Plus get my mum to put in a sponsorship too to make the application more stronger.

Third party sponsorship is NOT allowed.
Of course you may live in your Mum's house etc, but she is not allowed to provide any financial support.



..After my wife comes here with our two british kids my wife will work weekends and i can then look after the kids on the weekends.

Nothing wrong with that, but it has no influence or impact on the Spouse visa application.
Your wife's income can be counted when you apply for FLR after 30 months.



..What do you think ? is it possible?

Yep. It's possible.

Aiden, it's really important that you do some self-research.
No-one here is a qualified immigration advisor, we can only point you in the direction and help you with very specific questions on the understanding of UKBA rules.

:xxgrinning--00xx3:

aiden
11th January 2013, 01:18
Quote Originally Posted by aiden View Post
..If Im unable to earn £18,600 from one position, is it possible for me to obtain a 2nd position, part time work on the weekend and make it up to £18,600
Yes, provided both positions meet the requirements of the category you are applying under.





Terpe thank you so much. Ive been researching and researching alot but sometimes it doesnt make sense to me. This is why im asking experienced people on this forum for some help and advice.

Please could you explain what you meant by the above?

Terpe
11th January 2013, 09:05
Quote Originally Posted by aiden View Post
..If Im unable to earn £18,600 from one position, is it possible for me to obtain a 2nd position, part time work on the weekend and make it up to £18,600
Yes, provided both positions meet the requirements of the category you are applying under.





Terpe thank you so much. Ive been researching and researching alot but sometimes it doesnt make sense to me. This is why im asking experienced people on this forum for some help and advice.

Please could you explain what you meant by the above?

The Financial Requirement has listed a number of different income sources.
Each income source has a couple of different categories, with variations in what's allowed and what is not.
There are also rules on which categories may be combined and which may not.
Kind of matrix approach.

You really do need to read those parts that apply to your own specific circumstances.

Just as a 'pointer' Aiden, my guess is that your main source would be Earned Income. There are 2 categories (A & B) each category indicates the specific requirements and what other categories may be combined.

aiden
11th January 2013, 11:09
The Financial Requirement has listed a number of different income sources.
Each income source has a couple of different categories, with variations in what's allowed and what is not.
There are also rules on which categories may be combined and which may not.
Kind of matrix approach.

You really do need to read those parts that apply to your own specific circumstances.

Just as a 'pointer' Aiden, my guess is that your main source would be Earned Income. There are 2 categories (A & B) each category indicates the specific requirements and what other categories may be combined.

My plan is earned income, salary based working for a company, would you know where i can get the exact info. From?

I plan to work two part time jobs