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17 May Returning resident’s employment under Appendix FM

Posted on May 17, 2023 in Spouses & Partners by
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If you and your partner are living outside the UK, you may wish to use your salaried employment to demonstrate your financial circumstances when applying for an entry clearance of spouse visa. However, please note that the type of employment is actually “limited” in certain ways as set out in Appendix FM 1.7: financial requirement.

Only the earnings from the British/ILR/pre-settled status partner/sponsor (and/or the applicant if they are in the UK with permission to work) can be relied upon to satisfy the requirement. Depending on the employment history, the relevant rules can be found in Category A and B in Appendix FM 1.7.

6.2 Category A: With current employer for 6 months or more – Two requirements

  1. “The applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application…”
  2. “The applicant’s partner must also have a confirmed offer of salaried or non-salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary or in-non salaried employment a gross annual income from that employment.”

 

6.4 Category B: Less than 6 months with current employer or variable income – Two requirements

  1. “The applicant’s partner must have a confirmed offer of salaried or non-salaried employment to return to in the UK (starting within 3 months of their return). This must have a gross annual starting salary sufficient to meet the financial requirement, alone or in combination with any or all the sources at section C, D and E.
  2. “The couple returning to the UK must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
  • the gross amount of salaried or non-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, provided they continue to own the relevant asset (for example, property, interest from shares) at the date of application
  • the gross amount of any State (UK or foreign), occupational or private pension received by the applicant’s partner or the applicant.”

 

Therefore, there must be an intention for the sponsor to return to the UK and secondly, he/she must have a job offer in the UK starting within 3 months from the grant of the applicant’s visa. In addition, the couple can only rely upon the gross income earned by the applicant’s partner overseas.

Furthermore, types and formats of evidence for submission are listed in Appendix FM-SE, provisionally in paragraph 3:

“In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2 and (where relevant) paragraph 2A.

It refers to paragraphs 2 and 2A, in respect of the mandatory evidence to be provided when the employment is in the UK:

(a) Payslips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or

(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:

(i) the person’s employment and gross annual salary;

(ii) the length of their employment;

(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

 

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The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.