UK Family Visa Financial Requirement: State Benefits

• Published date: 05 May 2022
• Subject Matter: Tax, Immigration, Income Tax, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Geraldine Peterson

This post explores the requirements for a Sponsor who wishes to sponsor family members to join them or remain with them in the UK, but relies on income from certain entitlements or benefits received due to disability, illness, injury or caring responsibilities.

It is important to understand which benefits or entitlements the Sponsor can rely upon to meet the financial requirements for sponsorship, and which cannot.

What are the financial requirements to sponsor a family member to come to or remain in the UK?

The specific financial requirements - or financial income thresholds - which a Sponsor must provide for an application under Appendix FM to sponsor family members (at E-LTRP.3.1.) from permitted sources of income are as follows:-

(a) a specified gross annual income of at least-

(i) '18,600;

(ii) an additional '3,800 for the first child; and

(iii) an additional '2,400 for each additional child; alone or in combination with

(b) specified savings of-

(i) '16,000; and

(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or

(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies. (my emphasis)

Paragraph (c) highlighted above is the paragraph which relates to income from benefits, and is discussed below.

Note here that permitted sources of income include not only the various salaried and self-employment incomes, but also statutory or contractual maternity pay, paternity or adoption pay, and statutory or contractual sick pay. Other regular income, such as dividends from investments and income from "any State (UK Basic State Pension and Additional or Second State Pension, HM Forces Pension or foreign), occupational or private pension received by the applicant's partner or the applicant" (from the Appendix FM guidance) may also be relied upon, see also the specific evidential requirements in Appendix FM-SE.

Which benefits or entitlements can be used by a Sponsor to meet the financial requirements?

The specific financial requirements for Appendix FM applications, which are (briefly) set out above, requires that a Sponsor provides evidence of earning a set annual income figure or has a specific amount of savings. This is not the case if a Sponsor receives certain benefits or entitlements (known as 'specified' benefits) - the requirement...