The financial requirement for UK partner visa applications is one of the most complex aspects of the process. There are various ways to fulfil this financial requirement, including cash savings, pension income or income as a Company Director. This post specifically examines how Category C: Non-employment income can be relied upon to meet the financial threshold for a UK partner visa.
Under Appendix FM of the Immigration Rules, applicants must demonstrate a minimum gross annual income of £29,000, or meet a cash savings requirement of £88,500 where no other income is demonstrated. It is worth noting that, under recent changes, there is no separate child element to the minimum income requirement.
Overview of Non-Employment Income
Non-employment income is particularly relevant for applicants combining multiple income sources. Under Appendix FM, non-employment income can be combined with salaried and non-salaried income, cash savings, and pension income to meet the financial threshold.
What Qualifies as Non-Employment Income for a Partner Visa?
The Home Office provides specific guidance on the types of non-employment income that can be used in a partner visa application. Acceptable sources include:
- Rental income from property
- Dividends or other income from investments, stocks, shares, bonds, or trust funds
- Interest from savings
- Maintenance payments from a former partner concerning the applicant, their children, or their partner’s children
- Certain UK allowances, such as Maternity Allowance and Bereavement Allowances
- Payments under specific Armed Forces compensation schemes
- Maintenance grants or stipends (not loans) for academic study or research
- Ongoing insurance or structured legal settlement payments
- Ongoing Royalty payments
Each income source must meet strict evidential requirements, including proof of ownership or entitlement and evidence of receipt over a specific period.
Period of Eligibility
Non-employment income must have been received by the applicant or their partner within the 12 months preceding the date of application.
The relevant asset on which any income is based must be in the name of the applicant, their partner or both jointly and held or owned at the date of application.
Ownership of Income Sources
The source of the non-employment income must be in the name of the applicant, their partner, or jointly owned. However, income will only be considered for the period during which the applicant or their partner held ownership. For instance, if rental income was transferred into the applicant’s name six months before the application, only income from those six months would qualify.
For most non-employment income, gross income is considered. However, for dividends, the net income after tax is assessed. Applicants must provide evidence such as bank statements showing net payment amounts or proof of tax paid if gross income is being declared.
Income from Property Rental
Property rental income is among the most common forms of non-employment income used to meet the financial requirement. To qualify:
- The property must be owned by the applicant, their partner, or jointly held.
- It cannot be the applicant’s or partner’s primary residence in the UK.
- Only income derived from the applicant’s or partner’s share of the property is considered if co-owned with a third party.
Rental income is calculated based on the gross amount received before management fees are deducted. However, equity in a property cannot be used to meet the financial requirements.
When returning to the UK from abroad, rental income from a UK property that will become the main residence can be combined with overseas employment income but not with income from a UK job offer, as the property will no longer generate income once it becomes the couple’s home.
Evidence required includes property title deeds, mortgage statements (if applicable), tenancy agreements, and personal bank statements showing rental payments for the 12 months preceding the application.
Maintenance Grants or Stipends
Maintenance grants or stipends, provided on a tax-free basis for academic purposes, can also count as non-employment income. To qualify:
- The applicant or their partner must be in receipt of the grant or stipend at the time of application or within three months of the application date.
- The grant or stipend must be payable for at least 12 months or a full academic year.
Applicants must submit official documentation from the awarding body confirming the grant or stipend’s duration and payment schedule.
Dividends and Investments
Income from investments, stocks, or shares received during the 12 months before the application can be included if the asset is still held at the time of application. If an asset was sold within 12 months of the date of application, it is still considered held if an equivalent replacement asset has been purchased in the same company.
It’s important to note that dividends from a UK specified limited company where the applicant or their partner is a director or employee fall under Category F or G, not Category C. This distinction affects the evidence required.
Applicants must provide proof of ownership, portfolio statements from regulated financial institutions, and bank statements showing income received over the preceding 12 months.
How Whytecroft Ford Can Help
Partner or spouse visa applications involving non-employment income can be intricate, particularly when combining multiple income sources. Each application is closely scrutinized by the Home Office UKVI, and failing to meet the financial requirement often results in refusal.
At Whytecroft Ford, we have extensive experience preparing successful visa applications for spouses, civil partners, and unmarried partners. Our team will provide expert guidance to ensure your application is accurate, thorough, and supported by the necessary evidence.
If you require professional assistance or wish to discuss your situation, contact us to explore how we can help you at +44 208 757 5751 or use our contact form.
