Post
by muhammad jabbar » Thu Sep 12, 2019 7:46 pm
When can other income sources be considered?
If, based on information provided by the applicant, the decision-maker
considers that refusal could breach Article 8 rights, the Immigration
Rules allow UKVI caseworkers to consider whether the applicant can satisfy the financial requirement through any other “credible and
reliable” sources of income, financial support or funds available to the
applicant and sponsor.27 This could be:
• a guarantee of financial support to the applicant or their partner
from a third party;
• credible prospective earnings from the employment or self-
employment of the applicant or their partner; or
• any other credible and reliable source of income or funds for the
applicant or their partner, which is available to them at the date
of application or which will become available to them during the
period of limited leave applied for.
Applicants should be given 21 days to provide such evidence (if they
have not already done so).
Paragraph 21A of Appendix FM_SE of the Immigration Rules specifies
certain conditions and considerations that apply to these broader
categories.
For example, if an offer of third-party support is being relied on,
UKVI’s considerations will include:
• whether the applicant has provided verifiable documentary
evidence from the third party 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; and
• 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.
In terms of assessing income from the applicant or sponsor’s
prospective employment or self-employment, the considerations
include:
• whether, at the date of application, a specific offer of
employment has been made, or a clear basis for self-employment
exists. In either case, such employment or self-employment must
be expected to commence within three months of the applicant’s
arrival in the UK (if the applicant is applying for entry clearance)