Q What are the differences between the pre- 09/07/12 and post 09/07/12 rules?
- There are strict financial requirements an Applicant must meet and documentary evidence to support the claimed finances. The claimed finances will need to be in the format the UKBA requires and they lay these out in the Immigration Rules. Previously the test was that you had to show that you could support your partner without having recourse to public funds. The new financial threshold is much higher than the public funds test. Where you do not meet the income requirements you can rely upon cash savings which must be at least £16,000 in savings plus an additional amount.
- Promises or evidence of third party support (where a friend or relative promises to provide financial support to the couple) will not be accepted under the new Rules. UKBA have never been happy about accepting third party undertakings but the courts have said that they may be acceptable depending upon the circumstances. Now they are not permitted.
- UKBA will not accept wages paid cash in hand and will only accept wages paid into a bank account and will require bank statements to cover the period of employment. Employment must be of at least six months duration.
- Where an application relies upon self-employment, an application needs to include at least 12 months bank statements showing income from self-employment.
Q. What do you do if you do not meet the financial requirements?
- Firstly, check if you are exempt from the requirements.
- Secondly, if you are an in-country Applicant check the Immigration Rules and exception 1.
- Thirdly, consider legal arguments based upon the rights of children of the relationship, human rights arguments based on Article 8 – right to private and family life and any other compassionate circumstances you can plead.
For information about the financial requirements of the Immigration Rules please see the below articles;
ONE Immigration February 2013.