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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I wish to bring in a partner from outside the EU.

Resolved Question:

I wish to bring in a partner from outside the EU. Considering the financial requirement, as in paragraph E-ECP.3.2: can income from a house rental be considered as part of my income? (I have kept tax records for many years as part of my self-assessment. I do not stay in the house, so it is not my 'main residence'. The mortgage has been fully paid off.)

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
Do you own the property in your sole name!
Kind regards
Tom
Customer: replied 3 years ago.

Hi Tom. Yes, the property is in my sole name. It is formally let via a managing agent.

Expert:  Thomas replied 3 years ago.
Hi
Thanks for your reply.
I have a short meeting now, I should be able to answer in about 30 mins.
Kind regards,
Tom
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your patience. Sorry about the unforeseen delay.
Please refer to section 6.2 on the financial guidance notes:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
Provided that the property is in your sole name and is not your main residence (ie. that you live somewhere else) and you deduct any management fee from any income that you attempt to use then the income can be used towards the threshold. So you must detail the fees that you pay the managing agent and ensure that this is discounted from the rental income from the property.
If you meet these requirements then you can use the income derived from rent the property in calculating whether you meet the financial criteria. Obviously, you have to be able to prove this with documentary evidence, which means you must evidence your ownership of the property, that you are based elsewhere and that you derive income from renting it (eg. tenancy agreement, receipt of rent in bank statements etc)
Kind regards
Tom
Thomas and 2 other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 3 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom