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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am British citizen with two little children so I work

Resolved Question:

Hi I am British citizen with two little children so I work part time and receive housing benefit child tax credit and working tax credit. My husband lives abroad and I am trying to bring my husband over to join us, because of my circumstances I am not able to meet the financial requirement for spousal visa approval . So if my husband can meet up the category D option of having a savings of £ 16000 above in his act will my status as one receiving benefits be affected, do I have to go off ALL these benefits before I put in the application even though it's my husband that's providing the savings?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Thanks for your patience. What level of cash savings do you have between you please? Kind regards Tom
Customer: replied 1 year ago.

My husband has a savings of £16, 000 in Nigeria.

Expert:  Thomas replied 1 year ago.
Hi,
He only has savings of £16000. He does not have any more. Is this correct?
Kind regards.
Tom
Customer: replied 1 year ago.

About 17, 0000.

Expert:  Thomas replied 1 year ago.
Okay, thanks.
Can you please tell me how much you earn from your part-time employment?
I will then be able to answer.
Tom
Customer: replied 1 year ago.

My husband has a savings of £17, 000 in his acct. I earn about£ 600 to 700 frm work.

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It’s bad news I’m afraid.
Unfortunately, I think you may have misunderstood the way that the financial requirements work for a spouse visa. The requirement guidance is here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452965/Immigration_Directorate_Instruction_Appendix_FM_1_7_Financial_Requirement_August_2015.pdf
Only proportions of amounts above £16, 000.00 are permitted to be taken in to account in meeting the £18600 per annum threshold.
So, if your husband has £17000.00. Then only a proportion of £1000 will be permitted to count towards the £18600 threshold. Please refer to section on cash savings at page 46 on the guidance.
You will see at 7.2.2 that the amount permitted to count would be £400.00 ((17000-16000)/2.5). Therefore the amount that you would have to earn in income would be £18, 200 per annum in order to apply.
If you earn £600 per months then this works out at about £7, 200.00. This means that you could need a further amount of £11400 to reach the threshold. If you proposed to top this up with cash savings then the amount of cash savings you would need would be £44, 500.00 because £44500-16000/2.5 = 44500.00
Basically, as it stands you either need to drastically increase either your cash savings or your income in order to meet the requirement so that he can apply.
I really am sorry.
The tax credits and working tax credit would not be an issue provided that you met the financial requirement already, but the financial requirement is the primary obstacle to your husband applying.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 1 year 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. If you have no further questions then please do leave feedback.
Kind regards,
Tom
Customer: replied 1 year ago.

Hi

Thank for your answer, though am still a bit confuse, because we are hoping to rely on savings only in meeting the financial requirement. Pls kindly tell me how much total in savings do we need inorder to make the spouse visa thru?

Do I need to be working even after my husband has savings?

Expert:  Thomas replied 1 year ago.
Hi,
If you read my answer above then you will see that if you maintain your current employment income of £7200 per annum then your husband would need cash savings of £44500.00 in order to meet the requirement by topping up that income with cash savings. He would also need to have held these cash savings for 6 months.
You would need to remain working and earning your current employment income of £7200.00
Kind regards,
Tom
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