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Clare, Solicitor
Category: Law
Satisfied Customers: 35048
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My fiance is Mexican so is a non EU citizen. We have known

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My fiance is Mexican so is a non EU citizen. We have known each other for nearly 6 years but until this current financial year my earnings have been far too low to even bother applying for a visa for us to get married and live here in the UK with her son as well.
I have always been led to believe that it is MY earnings that are relevant to the visa application and that even if she was offered a job here in the UK that those earnings would be ignored as far as meeting the minimum income requirement of £22400 is concerned.
However I have just downloaded and been reading the Financial Requirement Home Office document dated May of this year and whilst it can get quite complex with the endless combinations what I have noticed is that it mentions quite a few times in it's case studies where the applicant's partner has been offered a job to start 8 weeks or 10 weeks after arriving and then use those earnings in the calculations.
To be quite honest I'm positive I'm mis-reading this and its talking about something else entirely so could you confirm whether if she was offered a job here in the UK would that be taken into consideration for the calculations or not?
She's a certified dispensing optician.
One final question is I will be drawing my state pension from February 2017 if my financial submission for the Visa is the tax year Apr to Apr will they only use the actual pension income received Feb to Apr 2017 (about £1000) or will they allow the annual amount because this is guaranteed income into the future!

Thank you for your question

MY name is ***** ***** I shall do my best to help you

The provisions are indeed complex but I am afraid that you have mis read it.

You are the applicants partner - your partner is the Applicant.

Her earnings in the UK would only count if she was already working here legally and would continue to do so

On a more positive note provided the Pension has been in payment for at least 28 days prior to the applictaion they will allow the annual amount.

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ClareThank you for your reply to my question and as I suspected I was indeed mis-reading the document.However I am absolutely over the moon with your answer to the second question and I thank you enormously for doing that as I thought for a moment that you may not answer it as I was being cheeky and asking two questions.I am very confident that by the end of the 2016/17 Tax Year that my self employed earnings will exceed the £22400 target without having to use the State Pension income but if they don't then this news makes a huge difference. I cannot make my formal application until after the end of the tax year (as you know self employed have to show 12 mths) and as my state pension will commence on 23rd February 2016 then that is more than 28 days before I make my application and so perfect on the face of it.The annual state pension is £8060 (155 x 52) which leaves me to earn another £14340 which I should achieve well before 5th April 2017.Is my calculating correct and if it is then can you tell me how much you would charge to oversee my application and where you are based as I recognise the importance of using a solicitor to do this as I would want to go through everything carefully so that there are no mistakes as I'm sure you appreciate.I will look forward to hearing from you.Kind regardsBrian

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