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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I have reviewed the new minimum financial requirement

Resolved Question:

Hello, I have reviewed the new minimum financial requirement to immigrate to the UK but could not determine if it applied to me. My partner (British & Australian citizen) and I (Australian citizen) are resident in Australia and have not lived in UK. We are both employed in Australia. We had a Civil Partnership at the British High Commission. Can you tell me the minimum financial requirement if we both enter the country and do not have employment?

Thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

What cash savings do you both have?

Is your partner looking for jobs in the UK and is she likely to secure an offer before you intend to apply?

Tom
Customer: replied 1 year ago.

Cash savings of 50K GBP. He may secure an offer before applying, however to be on the safe side he may not.

Expert:  Thomas replied 1 year ago.
Hi,

Is that the total amount of savings you have between you or just his?

If just his, what amount of combined savings do you have?

Tom
Customer: replied 1 year ago.
It's combined savings
Expert:  Thomas replied 1 year ago.
Hi

I will answer tomorrow morning, 9am bst.

Tom
Expert:  Thomas replied 1 year ago.
Hi,

The financial requirement applies whether or not you partner is already in the UK or whether they are travelling back with you.

I'm afraid that the cash savings alone are not going to be sufficient if your partner does not have a job offer at the time of applying. Please refer to this the UKBA guidance on the financial requirement for spouses:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

You will see at 5.4.5 the first box in table at the bottom of the page that you fall just short of the required amount of savings to apply on the basis of savings alone and no other income.

Therefore you will have to rely on some other form of income in order to make the application with a reasonable chance of getting an approval.

5.3.2 deals with salaried employement. The first part of it deals with where they have already been employed. You will see that tha part dealing with your situation starts below the 4 bullet points "Where the applicant’s partner is returning with the applicant to the UK to work ".

You will see that although it is not necessary for her to actually be in employement at the date of the application it is necessary for her to have a job offer to start within 3 months of their return. Therefore, the easiest way for her to meet the criteria is to secure a job offer for when she returns.

Once she has this job offer then you can confidently make the application.



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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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