Spouse visa vs Tier 4 vs Tier 2: Does my income count towards unmarried partner?

Hi, I have a question about the un-married spouse visa. I've lived in the UK 4 years on a Tier 4. My PHD funding runs out in January 2016, and may possibly be extended. My Tier 4 says its good through January 2017. I would also qualify for the one-year Tier 4 extension that is currently allowed for international students that complete a PhD here. I also might get a proper job and get sponsored for a Tier 2.

HOWEVER, all that said, I am feeling out the un-married spouse Visa as being an option that would give me job flexibility and a bit more security. I've been with my partner who is a British citizen for 7 years and we've lived in London together the last 2 of it. Problem is, he doesn't make much money.

I've had an initial look through these documents:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420154/Appendix_FM_Annex_1_7_Financial_Requirement.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/447242/FLR_M__04-15.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419540/FLR_M__guidance_notes_04-15.pdf


...but I'm still a bit confused and thought I would just clarify here.

My income does NOT count towards this financial requirement, correct? So if he was making 10,000 a year and I was making 9,000 a year, it wouldn't work?
He does only make around 10,000, and I doubt will be at 18,600 any time soon. Its not impossible, but his priority isn't to have a high salary, it's to be a musician :/ So getting the £18,600 himself may not happen, however, combined with my income we certainly have made over £18,600 per year the last several years and will continue to do so.

It looks like savings can be combined but they won't consider my income?
Our savings wouldn't get us there because there's just no way we're going to have £25,000+ in cash which seems like is about what it would take considering his low income.

Any input is welcome: I'm ok with ruling out this visa as an option; on the other hand, if there is any way to use it I want to be aware of the rules.

Yes, you should be able to use your income to meet the requirements, because you are living in the UK on a visa that allows work.

However, if you are using PhD funding I believe you have to prove it will continue for at least 12 months after you apply for the visa... So if it will end in January and is not guaranteed to continue you may not qualify.

It's only if you are not living in the UK yet, without a visa allowing work, that your income can't count at all. Though actually, I think your PhD funding can be used whether you are in the UK yet or not as it's non-employment income.




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Yes, you should be able to use your income to meet the requirements, because you are living in the UK on a visa that allows work.

However, if you are using PhD funding I believe you have to prove it will continue for at least 12 months after you apply for the visa... So if it will end in January and is not guaranteed to continue you may not qualify.

It's only if you are not living in the UK yet, without a visa allowing work, that your income can't count at all. Though actually, I think your PhD funding can be used whether you are in the UK yet or not as it's non-employment income.

Oh, that's great news! That makes more sense, but I thought I read parts that says my income can't count. I must have been accidentally looking at a part for someone who was not yet living/working in UK.

For the last couple years my only income has been my PhD stipend, which it does say counts towards income. In fact there is an equivalent chart which says that I actually don't have to qualify for the £18600 but rather £15,000 because the income is coming from the student stipend. But, like you said, it needs to be shown that the stipend will continue for the next 12 months, and there is no way I can do that at this point. I couldn't have applied before because my parter and I didn't technically live together for the 2 years. Which is annoying, because if we had been living together all that time, and I had applied a year ago for the unmarried spouse visa, it sounds like it would been approved (based on his income and my stipend), relieving some of the pressure of dealing with a Tier 4 extension or Tier 2. I suppose if I work enough part-time hours in addition to my stipend that I can make up the difference of his income and the £186000.

Marriage might be easier.   

But getting married won't help them meet the financial requirement now... They'll still be in the situation where they can't use the PhD stipend towards the finances. If they had got married several months ago, they could have applied for FLR(M) with 12 months of PhD funding left, but whether they get married now or apply as unmarried partners, their financial situation will still be the same.


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Ah, yes.