We are all born to two parents and if they are together, you have a realistic expectation to be brought up by both parents.

If you live in the UK or wish to live in the UK this may not be the case.  If one of your parent is subject to immigration control and the family income in the UK is less than £18,600 per annum for a couple or more for a family with children (add £3,800 for the first child and £2,400 for each additional child) then, the non-EU,  non-British parent and/or partner will not be allowed in the UK.

The above has been UK law since 9 July 2012.  In addition to earning £18,600, the British sponsoring partner, parent or spouse has to show that he has been earning this amount in an employed situation for over six months.  It is therefore advisable to apply if you have been in the job earning £18,600 for six months or more.

If the sponsor is self-employed, then the duration of self employment must be at least 12 months and the accounts of the business must show an average income giving £18,600 per annum and more if there is a child/children.

If the sponsor cannot show £18,600 per annum from employment or self-employment then the sponsor must have cash savings of £62,500 or above to meet the income requirements.

If  the sponsor’s income is less than £18,600 and the sponsor has cash savings then the  income threshold can be met by adopting the following formula: –

  1. £18,600 less income = X
  1. X times 2.5 + £16,000 = Y.  Y is the amount of cash savings needed.
  1. Example Mary earns £17,000 per annum. In order to sponsor her husband and no dependents she would need £20,000 cash savings (£18,600 – £17,000 X 2.5 + £16,000).

The sponsor can rely on pensions, non-employment income from property, investments, permitted benefits etc.

The permitted benefits are Carers Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Allowance.

A sponsor on one or more of these benefits  can bring their partner or dependent to the UK if they can show that the arrival of their loved one will not lead them to seek extra benefits at a higher rate.

  1. Decision-makers cannot exercise any discretion or flexibility with regard to the level of the financial requirements that must be met.
  1. Promises of support from a third-party cannot be counted towards the financial requirement but gifts from a third party such as cash which is under the control of the sponsor can count.  Income of the applicant will not be counted.  Income from a child aged 18 or over in the household may be counted as well as maintenance payments from a former partner.
  1. If relying on  cash savings the sponsor must show that  the cash savings have been held for at least six months prior to the date of the application and that it is under the sponsor’s control.
  1.  The impact of the new requirements are  far-reaching.  Many families have been split because of the new law.  A legal challenge to the changes was brought against the Government in July 2013.  The High Court considered the lawfulness of the financial requirement.  It did not strike it down as unlawful in every respect but held that certain factors in the way it is applied represent a very significant interference with British citizens and the rights of those settled in the UK.
  1. The Court suggested some alternative ways in which a financial requirement could be applied. The Government are appealing against the Court decision and until the appeal has been decided, decisions on applications falling under £18,600 or borderline are suspended.
  1. This area can be quite a minefield for those wishing to bring their family to the UK. We Talk Law’s  experienced solicitors are always at hand to guide and assess all applications.
  1. Contact We Talk Law on 0203 00248 980 or wetalklaw.enfield.chancom.net