A British national living abroad can meet the UK Spouse Visa financial requirement as they plan to return to the UK along with their partner. They combine their overseas income with a confirmed job offer in the UK. This post provides an overview of how the financial requirement is met and evidenced for a returning sponsor on a UK Spouse or Partner Visa.
Key overviews
- A returning sponsor can meet the requirement by combining overseas income with a confirmed UK job offer.
- Income Categories A and B each have their own two-part test for a returning sponsor, and the two parts work differently between them.
- A self-employed sponsor, or a company director, can instead show the business is continuing in the UK, rather than relying on a job offer.
- Pension income, cash savings and non-employment income are permitted.
- A member of HM Armed Forces posted overseas, and a UK-resident seafarer on the HMRC Seafarers Earnings Deduction, are not treated as returning sponsors at all.
Who counts as a returning sponsor for the financial requirement?
A returning sponsor is the applicant’s partner who is living outside the UK at the date of application. They are coming back to the UK with the applicant. The spouse visa financial requirement, which requires applicants to demonstrate an annual income of £29,000, applies. What changes is how each income category is calculated and evidenced.
The immigration rules adapt as a sponsor abroad cannot always show six months of UK income at the date of application. Category A, Category B, and self-employment or company director income each have an adapted version of the test. Cash savings do not; the standard rule applies wherever the money is held.
How does Category A work for a returning sponsor?
A returning sponsor can rely on Category A where two requirements are both met. The sponsor must have been in employment abroad for at least six months before the date of application. They must have been paid throughout that period at or above the level relied on. The sponsor must also have a confirmed offer of employment in the UK, starting within three months of the return. The salary must meet the requirement on its own, or combined with non-employment income, cash savings or pension.
Where the sponsor is self-employed abroad rather than employed, the first requirement is met through their self-employment income instead. The self-employed income guide sets out how that figure is calculated.
A sponsor has worked for the same employer in Australia for three years on a salary of £32,000. She has a confirmed UK job offer starting in six weeks, at £30,000 a year. Both requirements are met, and the couple can rely on Category A. A sponsor who was unemployed abroad for the six months before applying cannot use Category A, even with a strong UK job offer.
How does Category B work for a returning sponsor?
A returning sponsor does not need to be in employment at the date of application to use Category B. Two parts must both be met instead.
The first part is a confirmed offer of employment in the UK, starting within three months of the return. Its salary must meet the requirement alone, or combined with non-employment income, cash savings or pension. The second part is the income the sponsor actually received from overseas employment in the 12 months before the date of application. This can be combined with non-employment income and pension received over the same 12 months. It cannot be combined with cash savings.
A sponsor left her job abroad three months ago to prepare for the move. In the 12 months before the application she received £29,500 from that job. That meets the second part. She also has a confirmed UK job offer starting in seven weeks, at £28,000 a year, combined with a small amount of rental income. That meets the first part. Both parts are satisfied, and the couple can rely on Category B.
What evidence proves the confirmed UK job offer?
The Home Office requires two documents from the UK employer. A letter confirming the job offer, the gross annual salary, and a starting date within three months of the sponsor’s return. A signed contract of employment, which must also show a starting date within that three-month window.
For a non-salaried role, the letter sets out the rate or amount of pay and the standard or core hours to be worked. The annual figure is calculated from those. The employer letter guide covers what a UK employer letter must confirm more generally.
How do self-employment and company director income work for a returning sponsor?
A sponsor who is self-employed abroad and returning to the UK can rely on that self-employment income. It is evidenced on a reasonable equivalent of the UK list. The sponsor must then show that the self-employment is continuing in the UK. Alternatively, they can show a confirmed offer of employment starting within three months of the return. The self-employed income guide sets out the evidence for continuing self-employment in the UK.
A sponsor who is a director of a UK-registered family company uses the company’s accounts. This works the same way as for a sponsor already living in the UK. They must also show the role is ongoing at the date of application. A sponsor whose company is registered overseas instead uses the employment or self-employment returning-sponsor rules above. The company director income guide covers both positions.
Can pension, cash savings and non-employment income be used?
Pension income does not need to be paid into a UK account, and it does not stop being a source of income when the couple move. The same 28-day rule applies wherever the sponsor lives. The pension income guide sets out the detail.
Cash savings have no separate returning-sponsor version of the rule. The standard six-month holding requirement applies wherever the money is held, as covered in the cash savings guide.
Non-employment income, such as dividends or maintenance payments, is assessed on the same 12-month basis. The source must still be owned or received at the date of application. The non-employment income guide covers what qualifies.
What about rental income on a property the couple will move into?
A returning couple can combine rental income from a UK property with the sponsor’s overseas employment income. This is permitted even where the property will become the couple’s home once they return. The rule covers only income already received before the move. It cannot be combined with income from the sponsor’s confirmed UK job offer. The property stops being a source of income once the couple live in it. The rental income guide covers the wider rules on property income.
Are armed forces personnel and seafarers treated as returning sponsors?
No, in two specific cases. A serving member of HM Armed Forces posted overseas is treated as resident in the UK for this purpose, not as a returning sponsor. This follows the military covenant. A UK-resident seafarer who qualifies for the HMRC Seafarers Earnings Deduction is treated the same way. This is evidenced by a letter from their accountant or from HMRC. Both continue to be assessed on the ordinary UK-resident basis.
Frequently asked questions
Does the sponsor have to be unemployed abroad to use these rules?
No. Category A requires the sponsor to be in employment abroad for the full six months before the application. Category B does not require the sponsor to be employed at the date of application, provided the 12-month income test is met.
Can the sponsor use cash savings held overseas?
Yes. The standard six-month holding rule applies wherever the savings are held. Cash savings cannot be combined with the 12-month look-back part of Category B, but can combine with the confirmed job offer part.
Can a returning sponsor combine Category A and Category B?
No. As with any application, both partners’ income must be assessed under the same category. Both must be under Category A, or both under Category B, not a mix of the two.
How is the confirmed job offer salary worked out for a non-salaried role?
From the rate or amount of pay and the standard or core hours set out in the employer’s documents. The annual figure is calculated from that basis, the same way a non-salaried UK job is assessed.
Does military service overseas count as being a returning sponsor?
No. A serving member of HM Armed Forces posted overseas, and a qualifying UK-resident seafarer, are both treated as UK-resident rather than as a returning sponsor.
Can a self-employed sponsor rely on these rules?
Yes. Self-employment and company director income each have their own returning-sponsor route, based on the business continuing in the UK rather than a job offer.
How Whytecroft Ford can help
A returning sponsor’s application is one of the most evidence-heavy parts of the financial requirement. The evidence has to cover income already earned abroad and a job offer that has not started yet. The two parts of the test do not work the same way across every category. A couple can have a strong combined income and still be refused where the timing or the combination rules are not met.
Whytecroft Ford’s IAA-regulated immigration team prepares partner visa applications for sponsors returning to the UK, helping families relocate to the UK together. That includes sponsors who are employed, self-employed, or running their own company abroad. The team is experienced, approachable and used to assembling the overseas and UK evidence Appendix FM-SE requires.
To discuss a returning sponsor’s financial requirement with our team, call 0208 757 5751 or use the contact form.
Disclaimer: The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
