IHS Waiver for Spouse Visa from Pakistan

[Calendula]

Hi,

Please refer to Category A of Appendix FM 1.7;
https://www.gov.uk/government/publicati ... le-version

Please help me regarding following information, i will be grateful to you all.

My circumstances are as follows;

1. My wife and children (british citizens) came to Pakistan last year 2022 and we tried to settle in Pakistan, but unfortunately could not. My wife and children returned to UK in September 2023. They have applied for benefits in UK in September 2023. My children again started school in UK.

2. She is also trying to find a part time job for herself.

3. I am a businessman of Pakistan and a taxpayer. I have a valid Visit Visa of UK and visited UK many times.

4. My yearly Tax Return statement (FBR Tax Return) shows that my yearly income in pakistani rupees is more than £21000 after tax.

5. I am doing this business since 2015.

By keeping in view my circumstances and Appendix FM 1.7, Category A; i have the following questions;

1. Can I apply for a Family Visa based on my financial statements?

2. Do my wife have to discontinue the benefits if I made an application for family visa from Pakistan?

3. Do i have to close my business in Pakistan?, although i can lookafter my existing pakistani business online.

[Calendula]

Hi,

Please refer to Category A of Appendix FM 1.7;
https://www.gov.uk/government/publicati ... le-version

Please help me regarding following information, i will be grateful to you all.

My circumstances are as follows;

1. My wife and children (british citizens) came to Pakistan last year 2022 and we tried to settle in Pakistan, but unfortunately could not. My wife and children returned to UK in September 2023. They have applied for benefits in UK in September 2023. My children again started school in UK.

2. She is also trying to find a part time job for herself.

3. I am a businessman of Pakistan and a taxpayer. I have a valid Visit Visa of UK and visited UK many times.

4. My yearly Tax Return statement (FBR Tax Return) shows that my yearly income in pakistani rupees is more than £21000 after tax.

5. I am doing this business since 2015.

By keeping in view my circumstances and Appendix FM 1.7, Category A; i have the following questions;

1. Can I apply for a Family Visa based on my financial statements?

2. Do my wife have to discontinue the benefits if I made an application for family visa from Pakistan?

3. Do I have to close my business in Pakistan? Although I can lookafter my existing pakistani business online by utilising latest technology.

I will be thankful for your help and cooperation.

[Ticktack]

Hi,

Please refer to Category A of Appendix FM 1.7;
https://www.gov.uk/government/publicati ... le-version

Please help me regarding following information, i will be grateful to you all.

My circumstances are as follows;

1. My wife and children (british citizens) came to Pakistan last year 2022 and we tried to settle in Pakistan, but unfortunately could not. My wife and children returned to UK in September 2023. They have applied for benefits in UK in September 2023. My children again started school in UK.

2. She is also trying to find a part time job for herself.

3. I am a businessman of Pakistan and a taxpayer. I have a valid Visit Visa of UK and visited UK many times.

4. My yearly Tax Return statement (FBR Tax Return) shows that my yearly income in pakistani rupees is more than £21000 after tax.

5. I am doing this business since 2015.

By keeping in view my circumstances and Appendix FM 1.7, Category A; i have the following questions;

1. Can I apply for a Family Visa based on my financial statements?

2. Do my wife have to discontinue the benefits if I made an application for family visa from Pakistan?

3. Do i have to close my business in Pakistan?, although i can lookafter my existing pakistani business online.

The requirement is that your UK family that you would be dependent on is working and earning.
They don't care if you're working and earning above the requirement abroad.
If you had a lump sum of £64,500 and above in your account for over 6 months, then that might be different.

[AmazonianX]

Hi,

Please refer to Category A of Appendix FM 1.7;
https://www.gov.uk/government/publicati ... le-version

Please help me regarding following information, i will be grateful to you all.

My circumstances are as follows;

1. My wife and children (british citizens) came to Pakistan last year 2022 and we tried to settle in Pakistan, but unfortunately could not. My wife and children returned to UK in September 2023. They have applied for benefits in UK in September 2023. My children again started school in UK.

2. She is also trying to find a part time job for herself.

3. I am a businessman of Pakistan and a taxpayer. I have a valid Visit Visa of UK and visited UK many times.

4. My yearly Tax Return statement (FBR Tax Return) shows that my yearly income in pakistani rupees is more than £21000 after tax.

5. I am doing this business since 2015.

By keeping in view my circumstances and Appendix FM 1.7, Category A; i have the following questions;

1. Can I apply for a Family Visa based on my financial statements?

2. Do my wife have to discontinue the benefits if I made an application for family visa from Pakistan?

3. Do I have to close my business in Pakistan? Although I can lookafter my existing pakistani business online by utilising latest technology.

I will be thankful for your help and cooperation.

At this point for your spouse visa application, it will appear that meeting the financial requirements is what is crucial.

Unfortunately your income will not be considered, it is the earnings of your British spouse that is important. This threshold is currently set at £18,600.
So if your wife has a job that will pay her £18,600/year I.e. £1,550/month and has earned income for min 6months verifiable by payslips and bank account statement then may be possible.

[AmazonianX]

Or as Ticktack wrote above, if either of you have cash savings of £64,500 held for at least 6months financial requirements will be Met.

[Calendula]

Thanks to all of you, but please have a look in Appendix FM 1.7, Category A, which says;

Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
Where the applicant’s partner is returning with the applicant to the UK to work, they must meet 2 requirements to rely on Category A. First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6 in order to meet the financial requirement. Income under Category A can be combined with Category C: nonemployment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section salaried and non-salaried employment.

Second, the applicant’s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary or in-non salaried employment a gross annual income from that employment. Based on the rate or amount of pay and the standard or core hours to be worked must be provided by the employer in the evidence sufficient to meet the financial requirement, alone or in combination with any or all the sources in sections (Category C: non-employment income, Category D: cash savings and Category E: pension).

Where the applicant’s partner is returning with the applicant to the UK to salaried or non-salaried employment, and is in self-employment outside the UK, they must meet the first requirement in the salaried and non-salaried section through their self- employment income (see this salaried and non-salaried section of this guidance for how this income is calculated). The second requirement, regarding a confirmed job offer in the UK, must be met on the basis set out in salaried and non-salaried.

Case studies – Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
Example (a)

The applicant’s partner currently works in Australia but is returning with the applicant to the UK to work. The applicant’s partner has been with working for the same employer for the last 5 years in Australia earning a gross annual salary of £25,000. The applicant’s partner has a confirmed job offer to start in the UK in 8 weeks of their return, with an annual starting salary of £30,000. Therefore the applicant’s partner has both current gross annual salary and a future starting salary which meet the financial requirement under Category A.

[CR001]

Thanks to all of you, but please have a look in Appendix FM 1.7, Category A, which says;

Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
Where the applicant’s partner is returning with the applicant to the UK to work, they must meet 2 requirements to rely on Category A. First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least 6 months prior to the date of application. They must have been paid throughout that period of 6 months at a level of gross annual salary or income which equals or exceeds the level relied upon in the application. Their gross annual salary or employment income can be combined with any or all of the sources at section 5.1.6 in order to meet the financial requirement. Income under Category A can be combined with Category C: nonemployment income, Category D: cash savings and Category E: pension if necessary to meet the financial requirement.

As with employment in the UK, gross income from non-salaried employment held throughout the 6 month period will be calculated on the basis set out in section salaried and non-salaried employment.

Second, the applicant’s partner must also have a confirmed offer of salaried or non- salaried employment in the UK, starting within 3 months of their return. This must have a gross annual starting salary or in-non salaried employment a gross annual income from that employment. Based on the rate or amount of pay and the standard or core hours to be worked must be provided by the employer in the evidence sufficient to meet the financial requirement, alone or in combination with any or all the sources in sections (Category C: non-employment income, Category D: cash savings and Category E: pension).

Where the applicant’s partner is returning with the applicant to the UK to salaried or non-salaried employment, and is in self-employment outside the UK, they must meet the first requirement in the salaried and non-salaried section through their self- employment income (see this salaried and non-salaried section of this guidance for how this income is calculated). The second requirement, regarding a confirmed job offer in the UK, must be met on the basis set out in salaried and non-salaried.

Case studies – Category A: With current employer for 6 months or more – overseas sponsor returning to the UK
Example (a)

The applicant’s partner currently works in Australia but is returning with the applicant to the UK to work. The applicant’s partner has been with working for the same employer for the last 5 years in Australia earning a gross annual salary of £25,000. The applicant’s partner has a confirmed job offer to start in the UK in 8 weeks of their return, with an annual starting salary of £30,000. Therefore the applicant’s partner has both current gross annual salary and a future starting salary which meet the financial requirement under Category A.

Not sure what we shoud "look" at. This clearly states it is your british spouse that still must meet the financial requirements.

Your income is NOT consideted at all for an initial spouse visa application outside from abroad

[Calendula]

As in this scenario what i am thinking that my wife will make an application from UK for me. is this right?

[CR001]

As in this scenario what i am thinking that my wife will make an application from UK for me. is this right?

No, you have to make the application from Pakistan with the financial requirements met by your British spouse with a minimum of 6 months evidence of income.

The above quote does not say your British spouse can make an application in the UK for you. You are misinterpreting what it says.

The quote refers only to a specific way of meeting the financial requirements IF the British spouse is moving back to the UK with a confirmed job meeting the income requirement AND having worked abroad also meeting the financial requirement.

[Calendula]

is it necessary that my spouse should abroad or what i have earned during past 6 months can be considered our mutual income at abroad, because she was in Pakistan since last one year.

[Ticktack]

is it necessary that my spouse should abroad or what i have earned during past 6 months can be considered our mutual income at abroad, because she was in Pakistan since last one year.

You've been advised on the only way forward. You're free to apply using your outside income.
You'd only be gambling with almost £2k.
What you've earned or still earning isn't part of the equation.
The applicants sponsor is the only finance recognised. If and when you get to the UK and need to extend, then your UK finance can be used.

[Calendula]

Thank you for your reply.

Pls guide me if i want to apply on my finances from Pakistan how much i need.

Thank you.

[Casa]

is it necessary that my spouse should abroad or what i have earned during past 6 months can be considered our mutual income at abroad, because she was in Pakistan since last one year.

You've been advised on the only way forward. You're free to apply using your outside income.
You'd only be gambling with almost £2k.
What you've earned or still earning isn't part of the equation.
The applicants sponsor is the only finance recognised. If and when you get to the UK and need to extend, then your UK finance can be used.

Ticktack is advising you are free to apply how you choose, but the implications are that your application highly likely to be
refused if you rely on your earned income (or joint) and you will lose almost £2,000

[Calendula]

Hi, My wife is getting Carer's Allowance. I am going to apply for UK Spouse Visa from Pakistan. Am i eligible for IHS waiver? and also how can i apply for IHS waiver? Or i have to pay IHS and after getting visa i can apply for refund of IHS?

Thanks for your help.

[CR001]

Topics merged.

Am i eligible for IHS waiver?

No, why do you think you would be eligible?

and also how can i apply for IHS waiver?

You can't.

Or i have to pay IHS and

Yes, you have to pay for the IHS fee when you apply online.

after getting visa i can apply for refund of IHS?

No, why would you be eligible for a refund?

[Calendula]

Thank you CR001 for your reply. Indeed its a great help.

Please guide me that my health surcharge to pay is £3200. Due to my cards limit resyrictions i can not pay full. Is there any other way that i can pay in parts?

[AmazonianX]

Thank you CR001 for your reply. Indeed its a great help.

Please guide me that my health surcharge to pay is £3200. Due to my cards limit resyrictions i can not pay full. Is there any other way that i can pay in parts?

Part payments not allowed, straight out from one card so you may need to get someone whose limit will accommodate the single debit.

[Calendula]

These are financial circumstances of my wife who is my Sponsor for UK Spouse Visa;

Carer's Allowance 354.90 per month
Housing Benefit 750.00 per month
Child Tax Credit 621.25 per month
Standard allowance 393.45 per month
Child Benefit 170.00 per month

Expenses;
Living Cost of UK PArtner 1500.00 per month
Money Spent on first child 150.00 per month
Money Spent on 2nd child 150.00 per month

Is this money enough for a UK Partner to sponsor Spouse for UK Visa?

[CR001]

You cannot use Child Benefit, child tax credits or Housing Benefit to calculate the adequate maintenance requirement for a spouse visa. Not sure what the 'Standard Allowance' is.

Only the benefits below are used and counted.

https://assets.publishing.service.gov.u ... dation.pdf

to be able to meet the financial requirement through adequate maintenance, the applicant’s partner or parent’s partner must be receiving one or more of the following:
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Pension Age Disability Payment (Scotland)
• Carer’s Allowance
• Personal Independence Payment
• Adult Disability Payment (Scotland)
• Armed Forces Independence Payment or Guaranteed Income Payment under
the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement
Pension under the War Pensions Scheme

[Calendula]

Only Carers Allowance is enough to meet the financial requirement or my sponsor need to start a job?

[secret.simon]

If your British citizen sponsor is getting Carer's Allowance, she can sponsor you under the adequate maintenance and accommodation standard.

Read the caseworker guidance on how that it is calculated.

To start with, you will need to state how much rent is she paying per month. The Income Support for a couple, both over the age of 18, is £142.25 per week or £616.41 per month (£142.25 * 52 /12).

Not sure what the 'Standard Allowance' is.

@CR001, that is the standard allowance for Universal Credit for somebody over the age of 25.

Living Cost of UK PArtner 1500.00 per month
Money Spent on first child 150.00 per month
Money Spent on 2nd child 150.00 per month

These costs seem improbably low for somebody living in the UK. For a start, how much is the rent of the accommodation that the two of you and two children will be using? Have you checked whether that will meet the accommodation requirement? See from Page 17 of the guide linked to above.

To answer some of the other questions above, I don't think that IHS exemption is available for an initial visa application at all. It is restricted to specific leave to remain (i.e. extension) applications from within the UK and they require you to prove that paying the fees or IHS will lead to the family becoming destitute.

And you are definitely not getting a refund for an application that has been decided.

Can you not get your bank to increase your payment limit for your card for one specific transaction?

[Calendula]

Hi Secret.Simon
Thanks for your help.

According to the Universal Credit Statement my wife is entitled for £1608.11 per month.
She is entitled for Carer’s Allowance (as she is caring an adult) £354.90 per month.
She is also getting Children Benefit (For 2 Children) £170.00 per month.
Adding all above Total amount she is getting £2133.01 per month.

Her Total Living Expenses Including Dependents living expenses are (House rent 850+Council Tax £15+ Other Expenses including dependent expences approximately £1120) total approximately £1985.

1. Should I mention in Spouse Visa Application that Sponsors monthly living expenses are £2000?

2. How much amount is to be mentioned for expenses of dependents in Sponsors Dependents Section of UK Spouse Visa?

Thanks

[Calendula]

Waiting for some favourable reply.

[Calendula]

Is concent letter from Sponsor (who is receiving carers allowance) neceassry to attach with UK Spouse Visa Application.

Is there any example of consent letter by sponsir (receving carers allowance)?