Third Party Financial Support in FM Cases

Third party financial support in FM cases

There have been recent changes to third party financial support in FM cases. Find out more below.

The Requirement of £18,600 plus remains the same for most people

The MM case didn’t preclude the requirement to meet a basic income requirement and it stays the same at £18,600 to sponsor the partner, £22,400 to sponsor a partner and child, and further increased with each additional child. In this manner, it forces UK Visas and Immigration to widen the pool of acceptable sources of income and thereby giving families more opportunities to show that they are capable of fulfilling the requirements of the rules.

Additional sources of permitted income can be relied upon only in ‘exceptional circumstances’

The August rule changes do not benefit all the families. A visa officer will consider additional sources of income only in the case of “exceptional circumstances”. It is however not illustrated as to what those circumstances might be, but the new rules refer to “unjustifiably harsh circumstances” for the applicant, their partner or the child(ren). It is not, however, clear whether a family will qualify to rely on additional sources of funding. The circumstantial evidence will, therefore, be crucial – like

Only the extra sources of income will matter

The explanation in the Immigration Rules is very elaborate and it manifestly covers the following:

  • Definite and sustainable support from a third party such as parents.
  • Maintainable prospective UK earnings from employment or self-employment
  • Any other source of income on which is available and the couple can depend

Income that does not include some finances, such as, personal loans cannot be acceptable. The most important point to consider is that the funding must be ‘sustainable’, which means that there must be sufficient evidence as to from whom, for how long and what is available.

It is for you to establish your circumstances and availability of the income

Those who have prepared a UK visa application must know that they should provide very clear evidence at every stage. Not that just to proving the income on which one would rely but this will also require demonstrating that the applicants qualify to rely on those additional sources in the first place. Therefore, clear documentary proof of family circumstances is not always relevant to a visa application, such as health concerns. In the new rules, the focus is also on providing satisfactory evidence of the “genuineness, credibility and reliability” of any extra income, for which many more documents will be required for a visa officer to determine that the funds declared by the applicant are sufficient.

As per the new rules, it is harder for those who seek to settle in the UK permanently

The new set of rules prescribes a 10-year route to permanent settlement in the UK, double the length of residence required by those who satisfy the ‘normal’ income rules. This is not something that MM considered or approved, but these conditions already exist and used by UK Visas and Immigration for those qualifying for exemption from some of the standard visa requirements. Longer the qualification period is, more the applications to submit, which results in more money to pay as you work towards a settlement. It goes without saying therefore that the rule changes come at a price and the families who aspire settlement can potentially ill-afford it.

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