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Hi all,

My wife got her spouse visa on 7th April 2012 and we are going to apply for her ILR in March.

My question is regarding the financial side of it, currently my wife is doing a BTEC course so is a student working part time and I'm working full time on a salary of £32k.

The financial requirement states that the person applying needs to have an income of around £18k but obviously that is not the case as my wife is studying right now.

Can we still satisfy the requirement by my salary based on the fact that we are married, I work full time and I write a letter saying she has access to all my funds?

Thanks in advance.

baz

Your spouse falls under the old rules so the financial requirement is not relevant. However, for information, it is the British or settled spouse that has to meet the requirement, i.e. you and not the applicant.

In general, legal income of either or both spouses may be counted for leave to remain applications.

Under the old rules,

287(a) wrote:(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

applies.

See also, Annex F, Chapter 8, Sections 1 & 2 (click).

vinny wrote:In general, legal income of either or both spouses may be counted for leave to remain applications.

Under the old rules,

287(a) wrote:(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

applies.

Thank you very much for all your replies and the links. It has put me at ease as I thought it was only taking into account the applicants sole income.