1. Understanding the Financial Requirement in Appendix FM Partner Applications
For those applying for entry clearance or leave to remain in the UK as a partner under Appendix FM of the Immigration Rules (which includes spouse visas, civil partner visas, unmarried partner visas, fiance visas and proposed civil partner visas), the applicant is required to satisfy a financial requirement. Appendix FM provides very strict requirements as to how the financial requirement may be satisfied. Many of our previous articles have outlined the ways in which the financial requirement can be met.
The types of income include; salaried or non-salaried employment; self employment; non-employment income (such as from property rental, pidends or shares); cash savings and pension income.
In rare circumstances, third party support is taken into consideration if the applicant falls short of the amount required. However, there are high legal thresholds to be met for third party support to be considered, as set out below.
2. When Can Third Party Support Be Considered Under Appendix FM?
Third party support can only be relied upon if there are exceptional circumstances. Paragraph GEN.3.1 of Appendix FM confirms that other sources of income will be considered where:
- The financial requirement cannot be met by the specified sources set out above; and
- It is evident that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child.
3. What Counts as 'Exceptional Circumstances' Under Appendix FM?
TheFamily life (as a partner or parent) and exceptional circumstances, defines 'exceptional circumstances' as "circumstances which could or would render refusal of entry clearance or limited leave to remain a breach of ECHR Article 8 (the right to respect for private and family life), because refusal could or would result in unjustifiably harsh consequences for the applicant, their partner or a relevant child or would result in unjustifiably harsh consequences for another family member whose Article 8 rights it is evident from the application would be affected by a refusal."
'Unjustifiably harsh consequences' are defined in the guidance as a "harsh outcome or outcomes for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others."
This is a high threshold and should be evidenced well from the applicant. Our previous article Exceptional Circumstances in Appendix FM Family Visa Applications addresses the definition of exceptional circumstances in further detail.
4. Who Is a 'Relevant Child' Under Appendix FM?
A 'relevant child' means a person who:
- is under the age of 18 years at the date of application
- it is evident from the information provided by the applicant would be affected by a decision to refuse the application
The best interests of any relevant child should be taken into account as a primary consideration.
5. Evidence and Assessment of Third Party Support Under Appendix FM-SE
Where paragraph GEN.3.1.(1) of Appendix FM applies (as summarised above), paragraph 21A of Appendix FM-SE states that a 'credible guarantee of sustainable financial support to the applicant or their partner from a third party' will be considered.
Paragraph 21A(8)(a) of Appendix FM-SE also sets out objective criteria to which the decision-maker must have regard in assessing third party support. The following will be considered:
- whether the applicant has provided verifiable documentary evidence from the third party in question of their guarantee of financial support;
- whether that evidence is signed, dated and witnessed or otherwise independently verified;
- whether the third party has provided sufficient evidence of their general financial situation to enable the decision-maker to assess the likelihood of the guaranteed financial support continuing for the period of limited leave applied for;
- whether the third party has provided verifiable documentary evidence of the nature, extent and duration of any current or previous financial support which they have provided to the applicant or their partner;
- the extent to which this source of financial support is relied upon by the applicant to meet the financial requirement;
- the likelihood of a change in the third party's financial situation or in their relationship with the applicant or the applicant's partner during the period of limited leave applied for.
6. Third Party Support and the 10-Year Route to Settlement
All eligibility requirements, including the financial requirement, must be met for a partner to qualify for entry clearance or leave to remain on the 5-year route.
If an application is granted when the applicant is relying on third party support, the applicant will be granted on the 10-year route to settlement.
7. Contact Our Immigration Barristers
For expert advice and assistance regarding Appendix FM applications, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
8. Frequently Asked Questions
What is the financial requirement under Appendix FM for partner visa applications?
Applicants under Appendix FM, including those applying for a spouse, civil partner, unmarried partner, fiancé or proposed civil partner visa, must meet a financial requirement. This can be satisfied through income from employment or self-employment, non-employment sources such as rental income or pidends, pensions, or cash savings. The Home Office applies strict rules on how this income must be evidenced.
Can third party support be used to meet the financial requirement?
Generally, third party support is not permitted under Appendix FM. However, in limited cases where the applicant cannot meet the financial requirement through the accepted sources, third party support may be considered if there are exceptional circumstances. These circumstances must be serious enough that refusing the application would result in unjustifiably harsh consequences for the applicant, their partner, or a relevant child.
What are 'exceptional circumstances' in this context?
Exceptional circumstances are situations where refusal of the application would breach the right to respect for private and family life under Article 8 ECHR, because it would lead to unjustifiably harsh consequences. These consequences must be more severe than would normally be expected, and not justified by the public interest in controlling immigration.
Who is classed as a 'relevant child' under Appendix FM?
A relevant child is someone under the age of 18 at the time of application who would be directly affected by a refusal. The child's best interests must be a primary consideration in the decision-making process.
What evidence must be provided to rely on third party support?
Where third party support is relied upon, the applicant must provide clear and verifiable evidence of the financial support offered. This includes a credible, signed and independently verified guarantee from the third party, along with evidence of their financial circumstances. The Home Office will assess whether the support is likely to continue throughout the applicant's period of leave and whether there has been a history of such support in the past.
Does relying on third party support affect the settlement route?
Yes. If an application is granted based on third party support, the applicant will be placed on the ten-year route to settlement. To qualify for the five-year route, the financial requirement must be met in full using permitted sources.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
