GENERAL
The earnings of either party should be taken into equal account. To be satisfied that the
couple will be able to maintain themselves and any dependants adequately without
recourse to public funds we will need to see evidence of:
- sufficient independent means; or
- employment for one or both of the parties; or
- sufficient prospects of employment for one or both the parties.
It would be appropriate to question the couple about the following areas during any
interview:
- the applicant's present employment;
- the applicant's educational achievement;
- other skills or qualifications the applicant may have acquired that would assist in
getting established in the United Kingdom;
- similar information about the sponsor;
- what plans the applicant may have for obtaining employment in the United Kingdom;
- what arrangements have been or could be made to obtain employment by the
applicant, sponsor or friend or relatives in the United Kingdom;
- what other support is available to the couple from friends or relatives in the United
Kingdom.
Verbal and documentary evidence should be assessed in the context of the employment
situation where the couple intend to make their home. A judgement should be based on
whether we are satisfied that the couple have a reasonable prospect of being able to
maintain themselves and any dependants without recourse to public funds. Points to be
borne in mind are:
IDI March 06 CH8 SECT1 & 2 – SPOUSES & CIVIL PARTNERS - ANNEX F
- has the applicant and/or sponsor demonstrated relevant skills/qualifications or a
reasonable prospect of employment?
- has the applicant and/or sponsor provided evidence that he has a job waiting for him in
the United Kingdom?
- where the applicant has made no arrangements for employment, what are his
prospects for employment in the light of his background. Some applicants will have
skills or qualifications that will be of direct value to gaining employment in the United
Kingdom and a decision can be made on the balance of probabilities. Others will have
few skills or qualifications and may never have done anything but unskilled labour
work. In such cases evidence of prospects will be necessary; for example that the
applicant can show that there is a credible job open to him in the United Kingdom or
that relatives or friends can realistically offer an opening. Jobs that are unrealistic in
the light of the applicant's skills or jobs that appear to have been manufactured
and lack any prospect of continuing will not suffice.
- care must be taken not to make assumptions. The fact that unemployment in a certain
area is above average is not in itself enough for refusal. However, where there are
already doubts, the employment situation is a factor which should be taken into
account.