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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, This question is related to the financial requirement

Resolved Question:

Hi,

This question is related to the 'financial requirement' part of the spouse settlement visa. I have a flat in Dubai in my brother-in-laws name which is worth more than GBP 62500. I was working abroad and didn't have time to travel to Dubai so he bought it for me in his name about two years ago. My salary certificate from the foreign employer shows that I've been earning GBP 30k per year. How can I use these to fulfill the 'financial requirement' part of the visa if we apply now?

Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

Are you the UK citizen spouse and your wife is the foreign national looking to apply for a spouse visa?

Kind regards

Tom
Customer: replied 2 years ago.

Yes, I'm a UK citizen and my wife is the foreign national looking to apply for a spouse via.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

Do you have a job offer in prospect in the UK for employment once you return at above the salary threshold (ie £18600 per annum)?

Tom
Customer: replied 2 years ago.

No, I don't. Will be living with parents and off savings/investments.

Expert:  Thomas replied 2 years ago.
Okay. Excluding the monies tied up in the property in Dubai, how much in cash savings do you have between you and your spouse?

Tom
Customer: replied 2 years ago.

around GBP 64000

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

If it is the case that you have cash savings in excess of £62500.00 which you have held between you for 6 months or more then you meet the financial savings on the basis of cash savings along.

So, if this is the case then you do not need to rely on any element of the monies that you have invested in the property in your brother's name OR any any salary element.

This is good, because if your cash savings were below the threshold level of £62500 then you would not be able to rely on the money invested in the property in your brother's name (these do not constitute cash savings) and you would have to rely on a salary element, which would mean that if you are based outside the UK and are returning then you would have to obtain a job offer and rely on the salary from that job offer.

Kind regards,

Tom
Customer: replied 2 years ago.

Unfortunately we haven't held these savings for last 6 months. If I had a job offer in the UK for GBP 18600 or more (in a different field to my normal field of work), would that work?

Expert:  Thomas replied 2 years ago.
Hi,

Yes. Please refer to the following guidance on the financial requirement:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf

I assume that you have been with your current employer outside the UK for longer than 6 months.

You will see at 5.2.1 of page 20 that you can do this if your current salary is above the threshold level and if you have an offer of salaried employment above the £18600 per annum threshold level to start within three months of the date of your wife's spouse visa application.

Kind regards.

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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