Type of visas you can extend in the UK:

There are a variety of different types of visas in the UK applicants can be eligible to apply for using Appendix FM, when applying under an further leave to remain visa they can rely on joint household income if they are eligible to work under their family visa or use their partner to demonstrate an exemption if they qualify.

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How to met the financial requirements through ‘adequate maintenance’ when you have an exemption 

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If the applicants UK partner has a long term illness or disability and receives any of the following benefits or allowances through the Department of Work & Pensions in the UK, then they may be eligible to apply under "adequate maintenance" requirements through appendix FM.

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To meet the financial requirements they will need to provide evidence of “adequate maintenance” rather than demonstrating they meet the minimum income threshold requirements above. The application can be considered on “adequate maintenance” grounds by providing supporting evidence of any of these benefits.

 

• Carer’s Allowance

• Disability Living Allowance

• Severe Disablement Allowance

• Industrial Injuries Disablement Benefit

• Attendance Allowance

• Personal Independence Payment

• Armed Forces Independence Payment or

• Guaranteed Income Payment under the Armed Forces Compensation Scheme

• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

• Police Injury Pension

 

“Adequate Maintenance” threshold requirements will continue to apply on the next visa application as long as their spouse/ partner continues to receive any of those benefits or allowances indicated above at the time of the next application submission.

 

FLR Visa Extension: Financial Categories under Appendix FM

 

Appendix FM is relevant to a variety of different type of visas in UK so everyone else who doesn't qualify for an exemption will need to demonstrate how they qualify under the income threshold criteria through one or more of the following income categories. Where the parent of a child has been granted a UK Spouse visa, and is now applying for FLR visa extension any dependents will need to provide evidence that their parent and or their parent's partner has a gross income of:

 

• £29,000 plus (joining the visa category for the 1st time or £18,600 if further extending under FLR)

• £3,800 for the 1st child (who's British citizen / National holding ILR, Pre-settled / Settled Status or right of abode)

• £2,400 each additional child (holds British Citizenship / National holding ILR, Pre-settled / Settled Status or right of abode)

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 section below is written in the 1st person 

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Category A: In employment with current employer for 6 months or more

 

When you are already in the UK with permission to work your application can be considered under joint household income. Joint household income is a combination of both your joint employment income from all income sources recognised under Category A. You can combine Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the minimum financial requirement of £29,000 per annum or £18,600 when already within the relevant FLR category extending under Further Leave to Remain.

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Category B: Less than 6 months with employer or has variable income

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This category is used when you & your partner or both in the UK and you have permission to work. Either your partner and/or you are in salaried or non-salaried employment at the date of application submission, and you haven't been with the same employer and/or not earning the same income level relied upon in the application for at least 6 months prior to the submission date of your visa extension.

 

Category B can be used by anyone who has been with their current employer for less than 6 months, or who has been with their current employer for more than 6 months but their earnings our variable and need to be considered under category B rather than under Category A.

 

Category B, financial requirements must be met and evidenced in 2 parts.

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Part 1:

 

First, your partner and/or you (with permission to work in UK) must be in salaried employment at the date of application submission and have been in employment with a new employer for less than 6 months, you can count the gross annual salary at the date of application towards the financial requirements if your income exceeds £29,000 or £18,600 when extending under a relevant category for Further Leave to Remain if the previous appendix FM requirements apply.

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Part 2:

 

To meet part (2) your partner and/or you must have received in the 12 months prior to the application submission date combined level of income required to meet part (2) of the calculation for Category B exceeding £29,000 or £18,600 when extending under a relevant category for Further Leave to Remain if the previous appendix FM income threshold requirements apply to your case.

 

Category C: Non-employment income

 

Non-employment income, is from property rental or dividends from shares.

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• property rental

• dividends or income from investments, stocks and shares, bonds or trust funds

• interest from savings

• maintenance payments from a former partner of the applicant.

• UK Maternity Allowance, Bereavement Allowance, Bereavement Payment

• Widowed Parent’s Allowance

• payments under the War Pensions Scheme,

• Armed Forces Compensation Scheme

• The Armed Forces Attributable Benefits Scheme

• Maintenance grant or stipend (not a loan) associated with undergraduate

study or postgraduate study or research

• ongoing insurance payments

• ongoing payments from a structured legal settlement

• ongoing royalty payments

 

Category D: Cash Savings

 

If your partner & or you (including parents of child dependent applications) have cash savings above £16,000, these can be used solely or in combination with salaried or non-salaried employment. Visa applicants who rely on cash savings to satisfy appendix FM financial requirements should bare in mind the level of cash savings required on entry clearance & FLR Visa extension applications are different from the level needed when applying for Indefinite leave to stay.

 

Category E: Pension income

 

If your partner or both of you are retired you can use your State (UK or foreign), occupational or private pension to demonstrate you meet Appendix FM requirements. Pension income can be combined with categories A-D in order to meet Appendix FM requirements.

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Category F & G: Self-employed

 

If you are self-employed you can use Income generated through your self-employed activities, including income as a company director or employee of a specified limited company in the UK, your own self-employed activities if you have permission to work or your UK partners self-employed activities can be used on a child dependent Further Leave to Remain visa extension.

 

Category F: Last full financial year

 

If your partner and you are in the UK with permission to work and you both are self-employed or either the director or employee (or both) of a specified limited company in the UK, at the date of submission, you both can use your income from the last full financial years accounts to meet the financial requirements for your FLR application and any dependents you have as long as you meet the required income level relating to the number of dependents you have within your household.

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Category G: Average of last 2 full financial years

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If your partner and or you are in the UK with permission to work as self-employed, or as the director or employee (or both) of a specified limited company in the UK, at the date of application submission, you can choose instead to rely on Category G. This allows you to use an average of the income received over the last 2 full financial years to meet the financial requirements. Referencing to the ‘average’ of the income received over the last 2 full financial years in Category G being referenced as the mean average.

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Income under Category F or G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirements. However cash savings cannot be combined with income under Category F or G. Parents with child dependents can use their self-employed earning including their UK partners to demonstrate meeting Appendix FM on visa extension applications for themselves and their dependents.  

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How our Immigration adviser can help you

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Marc Gibson our immigration adviser specialises in assisting foreign national Parents and their dependents relocate and settle in the UK with their UK partners.  Marc has supported hundreds of UK and other settled nationals sponsor their foreign partners to prepare and submit successful FLR visa applications for themselves and their family dependents. Whether you require a consultation to understand the Immigration Rules for further leave to remain visa, or have your visa application professional checked by him before submission or use his representation service to prepare and submit your FLR extension visa application for you, Marc can help.

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Appendix FM financial requirements are particularly complex and include mandatory requirements in terms of the documentary evidence needed to demonstrate you can meet the requirements of a UK Spouse visa application. Our immigration adviser specialises in assisting married applicants with complex financial circumstances complete and submit successful Spouse applications.

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Marc prides himself on being friendly, approachable and professional in meeting his clients’ needs, he is dedicated to providing clear and reliable immigration advice to his clients when providing his UK Spouse Visa service or any other Further Leave to Remain application submission.