Meeting the financial requirement under Appendix FM with children
There are many different ways to meet the financial requirement under Appendix FM. This post will explore when children have an impact on the amount of income needed to meet the financial requirement.
Types of Income
Many of our earlier blog posts explore the different ways you can meet the financial requirement and the different types of income which can be used.
The types of income include:
- Salaried or non-salaried employment;
- Self employment;
- Non-employment income (such as from property rental, dividends or shares);
- Cash savings above £16,000;
- Pension income
In rare cases, other sources of income are taken into consideration if the applicant falls short of the required amount.
The Financial Requirement with Children
For an application for entry clearance or leave to remain as a partner under Appendix FM, the financial requirement remains the same. The Applicant must provide evidence of:
(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a);
Meaning of Child
Not all children will require an applicant to show a higher level of income. For example, if the child is a British citizen, you will not need to show a higher income than £18,600.
The rules in Appendix FM state that a ‘child’ means a dependent child of the applicant or the applicant’s partner who is-
- under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
- applying for entry clearance as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
- not a British Citizen or settled in the UK; and
- not an EEA national with a right to be admitted to or reside in the UK under the Immigration (EEA) Regulations 2006.
The Immigration Directorate Instruction on the financial requirement in Appendix FM provides further definition of who the relevant child is for the purpose of the financial requirement under Appendix FM.
According to the Guidance, the higher financial requirement applies to biological children, step-children (in certain circumstances), adopted children (in certain circumstances), and children coming for the purpose of adoption who are subject to immigration control and applying for limited leave to enter or remain under Appendix FM.
If the applicant is able to meet all of the other requirements and the higher level for the financial requirement is met then both the applicant and the child will be granted leave. However, if the partner and child are applying together and the requirements are not met, both will be refused.
What should you do?
Always check the requirements to ensure that you meet the conditions under Appendix FM. If you are applying with a child, check if they meet the definition of a child who can increase the income requirement, calculate how much income you need and provide the specified evidence to show you have met that income.
Contact Our Partner Visa Barristers
If you would like further advice on an application for entry clearance or leave to remain as a partner under Appendix FM of the Immigration Rules, or in relation to any other immigration matter, then please contact our immigration barristers in London on 0203 617 9173 or email info@richmondchambers.com.
