Spouse visa SET M

[Charlestang24]

Hi,
My wife has just been made redundant (after being furloughed for 3 months) and she's also pregnant right now, so when she makes her SET(M) application next month (after having done FLR last time and stayed in the UK under spouse visa for 5 years), she would have no salaried income at the point of SET(M) application.

Can she apply still but present her whole year gross salary meeting £18600, but having no active employment at the point of application? I am a full-time student so I can't really help in meeting financial requirements there.

Also, there is a condition of 'no using of public funds' on the application, having been put in the furlough scheme, like other 9mil workers in the UK, will she be considered of 'using public funds'? This worries me.

Appreciated
Cheers,

[seagul]

Can she apply still but present her whole year gross salary meeting £18600, but having no active employment at the point of application?
Cheers,

In that case you can't provide the employer letter which is one of the mandatory piece of documentation. If you have cash savings then may use these instead.

[Charlestang24]

Thanks Seagul! I have seen from https://www.gov.uk/guidance/coronavirus ... ts#history
"Changes to the minimum income and adequate maintenance requirement
If you have experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020.
If your salary has reduced because you’re furloughed, we will take account of your income as though you’re earning 100% of your salary."

Can she apply for SET (M) using her March 2020 pay (as that was not reduced by the furlough scheme) and she can meet the requirement taking into account the 6 months up to March 2020 ?

I have also seen from
https://www.gov.uk/guidance/check-which ... ion-scheme
that furlough payment won't be counted as public funds. So that one is sorted.

[seagul]

Thanks Seagul! I have seen ffrom
If you have experienced a loss of income due to coronavirus,

In my guess that only applies where there is loss of income instead job. In my view, loss of income vs loss of job are entirely different to each other and that is why the purpose of job retention policy is to safeguard redundancies. Furlough is acceptable as 100% in immigration eyes for the purpose of calculations.

[Charlestang24]

Now coming back to the cash saving point:
If we have to rely on a lum sum from a relative in order to fulfil the required level of saving, but the lum sum only comes into the account 2 months before Date of application. But we do have a signed letter from that relative Confirming the funds are gift to the account holder and the account holder is in full control of the funds indefinitely. Will that suffice? If not, what suggestions do you have?

[seagul]

Now coming back to the cash saving point:
If we have to rely on a lum sum from a relative in order to fulfil the required level of saving, but the lum sum only comes into the account 2 months before Date of application. But we do have a signed letter from that relative Confirming the funds are gift to the account holder and the account holder is in full control of the funds indefinitely. Will that suffice? If not, what suggestions do you have?

These funds should have been held for at least 6 months from the date of application along with its source. And if it wouldn't be a none-returnable gift rather a borrowed amount then it won't be accepted.

[arjay]

Now coming back to the cash saving point:
If we have to rely on a lum sum from a relative in order to fulfil the required level of saving, but the lum sum only comes into the account 2 months before Date of application. But we do have a signed letter from that relative Confirming the funds are gift to the account holder and the account holder is in full control of the funds indefinitely. Will that suffice? If not, what suggestions do you have?

These funds should have been held for at least 6 months from the date of application along with its source. And if it wouldn't be a none-returnable gift rather a borrowed amount then it won't be accepted.

Don't you mean the funds should have been held for at least 6 months prior to the date of the application? (In a suitable account).

[Charlestang24]

Yes i think so. That’s the rule.