How Much Income is Required for a Tier 4 Visa Holder to Obtain ILR Through a Spouse with ILR?

Question from Hossain, How Much Income is Required for a Tier 4 Visa Holder to Obtain ILR Through a Spouse with ILR?

Answer from AI:

When you are on a Tier 4 student visa in the UK and your spouse has Indefinite Leave to Remain (ILR), you may be considering applying for ILR yourself. One of the key considerations in this process is the financial requirement that your spouse must meet to sponsor you.

Understanding the Financial Requirement

The financial requirement aims to demonstrate that you and your spouse can support yourselves and any dependents without recourse to public funds. Here’s what you need to know:

• Minimum Income Threshold: As of the latest guidelines, your spouse must have an annual income of at least £18,600. This is the basic threshold for sponsoring a partner.
• Additional Dependents: If there are dependents involved (children who are not British citizens or do not have ILR), the threshold increases. It’s an additional £3,800 for the first child and £2,400 for each additional child.

Types of Income Considered

The Home Office considers various types of income towards meeting the financial requirement:

1. Salary from employment or self-employment (if your spouse is working in the UK).
2. Certain types of cash savings over £16,000.
3. Pension money.
4. Non-work income, e.g., rental income or dividends from shares.

Documentation Required

To prove the financial requirement, your spouse will need to provide:

• Bank statements showing salary deposits.
• Employment letters confirming the job and salary.
• Pay slips for a given period.
• Proof of any other income (e.g., property rental agreements, dividend statements).

Legal Considerations and When to Seek Advice

Navigating the rules for ILR can be complex, particularly concerning the financial requirements and the transition from a Tier 4 visa. It is advisable to consult with an immigration lawyer who can provide personalized advice based on your specific circumstances. They can help ensure that you have the correct documentation and meet all the necessary criteria to improve your chances of a successful application.

For more detailed information, you can visit the UK Government’s guidelines on financial requirements.

Remember, while the financial requirement is a crucial part of the sponsorship for ILR, other factors such as the genuineness of the relationship, immigration history, and English language requirements will also play a significant role in the application process.