Financial Requirements

Once applied for a visa to enter the UK I understand that there is a £18,600 financial requirement to meet on

1: Entry

2: FLR

3: ILR

Once entered into the country after meeting your financial requirements and get married then in 2.5 years you apply for FLR . . .

What happens if you cannot meet up with Financial requirements for the full 5 years after getting together and become married ?





 

You will be placed on the 10 year path to ILR, meaning you'll have 2 extra FLR's to apply and pay for.

Therefore after five years has expired, in

7.5 years you will face FLR to meet Financial requirements

10 years time you face FLR to meet Financial requirements


Questions:
when would you face ILR then ?

What if you can never reach Financial requirements after you qualified the first year and 2.5 years for FLR ?

10 years expired !

You've got your time line a bit mixed up on your original post.

If you come over unmarried this is the actual visa timeline. All require the sponsor salary of £18,600.
 - 6 month Fiance Visa to get married and settle
 - 2.5 year Further Leave to Remain
 - 2.5 year Further Leave to Remain
 - Indefinite Leave to Remain.

If you are married before entering the UK it's:
 - 2.5 year Spousal Visa
 - 2.5 year Further Leave to Remain
 - Indefinite Leave to Remain
All require the £18,600 sponsorship requirement.
This can also change if you do not enter the UK within the first three months your Spousal Visa is valid.

I do not know what happens if you do not meet the financial requirements. So I'll leave that up to someone else.

All I want to try and figure out if you cross the two hurdles of meeting Financial Requirements in which to enter and get married, then meet financial requirements to apply for FLR in 2.5 years,

Question
If after that you cannot meet any more Financial Requirements in further applications for ILR . . . will the non British citizen have to return back home,

YES / NO ?

I'm sorry, I don't know.

But I do know that the FLR and ILR visa income requirements can be met with both you AND your spouses income.

Hope that's helpful.

No. But if you fail the financial requirement you will not qualify for ILR after five years. You will have to wait ten years, applying for FLR every 2.5 years. If you continued to fail on finances, I don't know what would ultimately happen. The financial requirement is so new no one has yet faced this scenario. But if you think it's likely that you won't be able to meet the requirement in the future, perhaps look into alternative ways to be together, like Surinder Singh or moving to the US.

As historyenne said, no, they would not have to return to the US.

The 5 year path:
Entry (spouse visa) 2.5 years
FLR(M) 2.5 years
ILR

If you fail to meet the requirements you would be on a 10 year path (no benefits, etc can be claimed in this time):
Entry (spouse visa) 2.5 years
FLR(M) 2.5 years
FLR(M) 2.5 years
FLR(M) 2.5 years
ILR

As Historyenne said, if you won't meet the requirements, it's best to look at an alternative plan.  Each visa is very expensive (and potentially expected to increase in costs substantially next year due to the new NHS levy for non-EU nationals).  As this is brand new, there could even be a potential refusal of the visa and appeal process (maybe, maybe not, we just don't know yet as this is a new system).

If you can't meet the financial requirement at any stage of the process, your application will be considered to be 'outside the normal immigration rules' and will be placed on the 10 year route and decided based on Article 8 and your right to private family life in the UK (which basically means they can't split up a family and send her back to the US without very good reason).

The 10-year path has replaced the original 'Discretionary Leave' visa which would previously have been issued if you applied outside the normal rules and the application was granted based on Article 8.

So, you wouldn't actually be applying for FLR(M) each time because you can't qualify for FLR(M), I believe it's the FLR(FP) visa you would need to apply for.

From the UKVI guidance:

7. Article 8 claims outside the rules and Discretionary Leave

7.1 Decisions to grant on Article 8 grounds on or after 9 July 2012

Discretionary leave will no longer be available to those granted leave on the basis of Article 8 on or after 9 July 2012 (subject to the exceptions detailed above in relation to allowed appeals and those who have previously been granted Discretionary Leave), irrespective of when the application for leave was made.

Where the applicant asserts that despite failing to meet the requirements of the Rules it would be a breach of Article 8 for them to be removed or the caseworker is aware of the existence of circumstances that require a consideration under Article 8, the application will be considered either under Appendix FM (family life) or paragraphs 276ADE -DH (private life). This is regardless of the date of application.

Where a decision is made on an Article 8 application on or after 9 July 2012:

(i) Where Article 8 family life leads to a grant of leave, a period of 30 months’ leave will be granted under the 10 year family route if the requirements of paragraph EX.1. are met (subject to the suitability requirements).

(ii) Where Article 8 private life leads to a grant of leave, a period of 30 months’ leave will be granted under the 10 year private life route if the requirements of paragraphs 276ADE - DH are met (subject to the suitability requirements).

8. 10 year long residence
Paragraph 276B(i)(a) of the Immigration Rules allowing those with 10 years’ continuous lawful leave in the UK to apply for indefinite leave to remain will continue to operate, where the application is decided on or after 9 July 2012 (irrespective of the date the application was made).

Also see page 9 onwards of this document which lays out the impact of Article 8 on family visa applications:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257359/soi-fam-mig.pdf

From that document:

42. If an applicant applies under the new Immigration Rules for family members, on the correct form and paying the relevant application fee, and meets all the requirements of the five year family route at every stage – entry (including the rules on switching between migration routes in the UK), further leave to remain and indefinite leave to remain – they will be able to reach settlement in five years.
.
.

44.The new Immigration Rules will provide a basis on which a migrant who cannot meet the income threshold and other requirements of the five year family route to settlement can remain in the UK on the basis of their family life where it would breach Article 8 to remove them.

45. Such a case can apply for leave, on the correct form and paying the relevant application fee, on a 10 year route to settlement. (Where an appeal is, or further submissions are, allowed on Article 8 grounds alone, the applicant will enter the 10 year route on an uncharged basis). Once on the route, all applicants will have to make an application, on the correct form and paying the relevant application fee, at each further leave stage and for indefinite leave to remain. The 10 year route will consist of four periods of 30 months’ leave, plus a fifth application for indefinite leave to remain.

46. This means that, if they meet the requirements, an applicant on this route will be able to qualify for indefinite leave to remain at the same point as those who can apply on the basis of long residence under the existing 10 year rule for those with continuous leave (paragraph 276B(i)(a) of the Immigration Rules).
.
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50. An applicant for further leave or indefinite leave to remain on the five year family route who fails the new financial requirement will be granted further leave on the 10 year route if they qualify for it on Article 8 grounds. If they applied within 28 days of the expiry of their extant leave, their time on the five year route will count towards the 10 year route. If an applicant for further leave or indefinite leave to remain on the five year route has overstayed by more than 28 days, they will have broken their continuous leave and their time on that route will not count towards the 10 year route if they qualify for it.
.
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52. Once on the 10 year route, an applicant for further leave or indefinite leave to remain who has overstayed by more than 28 days will have broken their continuous leave and will have to start the route again if they continue to qualify.

53. Migrants on the 10 year route will have permission to work and will not have automatic access to public funds.

As Historyenne said, if you won't meet the requirements, it's best to look at an alternative plan.  Each visa is very expensive (and potentially expected to increase in costs substantially next year due to the new NHS levy for non-EU nationals).  As this is brand new, there could even be a potential refusal of the visa and appeal process (maybe, maybe not, we just don't know yet as this is a new system).



I would like to thank everyone on this post who has replied to my thread and thank you for the information that has been helpful.
As my concern this can apply to "Anyone" have a well paid job and Fiancée' comes into the country and both get married 4 years later lost their job!

Making alternative thoughts like going to USA to live ?

I am currently in my 7th month of doing this and waiting for my medical and interview with US Embassy within 2-6 weeks.

But only last week my Fiancée has been become so ill they think it "Maybe" cancer,
and  recommend that she moves here so she will have someone to care for her and she can "Rest" where as in USA she has no choice she has to work to keep a roof over her head and pay for her health insurance in which to receive treatment.

So I have been seeking this information as within the next 4 weeks I have to decide what to do with my current application for my visa as the Petition has been approved. We shall make a decision in 1-2 weeks after she receives the results of her blood tests.

 

As historyenne said, no, they would not have to return to the US.

The 5 year path:
Entry (spouse visa) 2.5 years
FLR(M) 2.5 years
ILR

If you fail to meet the requirements you would be on a 10 year path (no benefits, etc can be claimed in this time):
Entry (spouse visa) 2.5 years
FLR(M) 2.5 years
FLR(M) 2.5 years
FLR(M) 2.5 years
ILR

As Historyenne said, if you won't meet the requirements, it's best to look at an alternative plan.  Each visa is very expensive (and potentially expected to increase in costs substantially next year due to the new NHS levy for non-EU nationals).  As this is brand new, there could even be a potential refusal of the visa and appeal process (maybe, maybe not, we just don't know yet as this is a new system).

Would she qualify for NHS while on the 10 year path ?

Contacted:


Service/Activity Details:
Customer Contact Centre
UK Border Agency
PO Box 3468
Sheffield
South Yorkshire
S3 8WA  
Telephone:  0300 123 2253

http://www.sheffieldhelpyourself.org.uk/full_search_new.asp?group=21664


For any other members seeking similar advice to my query, UKBA explained if Financial requirements are unable to be met within 1-5 years to fill out

Form}     FLR (FP)
 
 

Would she qualify for NHS while on the 10 year path ?

You don't 'enter' the UK on the 10 year path.

Yes. You qualify for the NHS if you are on a visa that lasts longer than 6 months (ie - work, student or family).

You don't 'enter' the UK on the 10 year path.

My Fiancée would not be entering the UK on a 10 year path . . .
She would enter on a Fiancée Visa !
I would be placed on a 10 year path if something unexpected should occur within the 1-5 years and unable to meet Financial requirements!

My Fiancée would not be entering the UK on a 10 year path . . .
She would enter on a Fiancée Visa !
I would be placed on a 10 year path if something unexpected should occur within the 1-5 years and unable to meet Financial requirements!

Exactly - physicskate was just clarifying that point, as it is not possible to enter the UK on the 10-year path anyway. The 10-year path is only available to people ALREADY living in the UK and applying to extend their current visa... but can't meet the requirements for that visa.

Either way though, it makes no difference. She will still be eligible for the NHS because her visa will be valid for more than 6 months.

I'm sure you're aware though, that the 10-year path isn't a 'get out' or 'easy way out' of the financial requirements - it's an exceptional circumstances visa that prevents families from being split up (due to the 'right to family life') when technically the visa holder doesn't actually qualify to stay in the UK.

It's not something you should go into the fiance visa expecting to be put onto because you don't think you will meet the requirements in 6 months or in 2.5 years... you should try to qualify for the financial requirement if at all possible, doing everything in your power over the first 2.5 years to make sure you can qualify for it. If something unexpected happens and you find that despite your best efforts, you simply can't meet the requirement, you may be transferred to the 10-year path if you prove you meet the requirements to stay in the UK under Article 8, the right to family life.

Remember also that once your wife has her FLR(M) visa, she can work in the UK (if she is able to work) and if she is earning £18,600 in 2.5 years' time then you could still meet the requirements on the 5-year path, even if you lose your benefits.