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ECP Entry clearance as a partner This is a guide only based on Appendix FM and Appendix FM-SE of the Immigration rules. It is not a substitute for reading the rules in full and/or taking professional advice about your application.
Eligibility Requirements • • The Applicants partner must be: • A British Citizen in the UK; or • Present and settled in the UK; or • In the UK with Refugee Leave or Humanitarian Protection The applicant and there partner must aged 18 or over the time of the Application • You must be able to demonstrate you have adequate accommodation for you, your partner and anybody else living at the same address • You must have passed an English Language Test to the required level, unless you are exempt from this requirement
Relationship Requirements • The applicant and their partner must not be within the prohibited degree of relationship • The applicant and their partner must have met in person • The applicant and their partner must intend to live together permanently in the UK If the applicant is the fiancé(e) or proposed civil partner they must be seeking entry to enable their marriage or civil partnership to take place • The relationship between the applicant and their partner must be genuine and subsisting • The applicant and their partner are in a valid marriage or civil partnership • All previous relationships that the applicant and their spouse have had must be permanently broken down • The applicant and their partner must not be married to or in a civil partnership with anyone else
Relationship & Eligibility Evidence • Applicant passport • Spouse passport • Marriage Certificate • Photographs of applicant and spouse together • Greetings card to one another and addressed to you both • Divorce certificate from previous relationship (if applicable) • SU 07 form • Applicants Biometric Residence permit • Applicants Passport • TB certificate (if required) • Appendix 2 financial form • Photos of all rooms in the property that sponsor resides in • Evidence of contact and time spent together • If rented: • Tenancy • Letter from landlord • If Owned: • House deed • Latest mortgage Statement • • English language level A 1 certificate; Or • A UK taught Bachelor’s, Master’s or Ph. D level degree
Financial Requirements E-ECP. 3. 1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP. 3. 2. , of(a) a specified gross annual income of at least(i) £ 18, 600; (ii) an additional £ 3, 800 for the first child; and (iii) an additional £ 2, 400 for each additional child; alone or in combination with (b) specified savings of(i) £ 16, 000; and (ii) additional savings of an amount equivalent to 2. 5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP. 3. 2. (a)-(d) and the total amount required under paragraph EECP. 3. 1. (a)
Financial Evidence • Employed If you have worked for the same employer for at least 6 months – payslips covering the past 6 months prior to the application Or If you have not worked for the same employer for at least 6 months – payslips covering the past 12 months prior to the application • Letter from employer(s) who issued the payslip confirming your employment and gross annual salary, the length of your employment, the period you have been paid the level of salary you have relied on for your application and they type of employment (permanent, FTC or agency) • Personal bank statements covering the same 6 month / 12 month period as your payslips, showing your salary being paid into an account in the name of the person either solely or jointly with their partner • Your most up to date P 60 and signed contract of employment
Financial Evidence Self-Employed as a Partner, a Sole Trader or in a Franchise • Evidence of the amount of payable tax for the last full financial year • Annual self assessment tax return • Statement of account (SA 300 or SA 302) • Proof of registration with HMRC as self-employed • Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business • Business bank statements (if a business bank is held) for the same 12 month period as the tax returns • Personal bank statements covering the same 12 month period as the tax return, showing self employed income • Evidence of ongoing self employment – E. g. , personal/business bank statements to date, renewal of license to trade, payment of business rates, business related insurance premiums, employer NI contributions, etc.
Financial Evidence • Self-Employed as a Partner, a Sole Trader or in a Franchise One of the following: • If business is required to produce annual audited accounts, then these must be provided for the last full financial year; • If company is not required to produce audited accounts, then unaudited accounts for the full financial year along with an registered accountants certificate of confirmation; • Certificate of VAT registration and the VAT return confirming VAT registration number (if turnover was higher than £ 79, 000 threshold); • Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); • A franchise agreement signed by both parties (must be provided if you are part of a franchise)
Financial Evidence Self-Employed with shares in a Limited Company • Company Tax Return CT 600 for the last full financial year and evidence it has been filed (written or emailed confirmation of receipt by HMRC) • Evidence of registration with Registrar of Companies House • If business is required to produce annual audited accounts, then these must be provided for the last full financial year • If company is not required to produce audited accounts, then unaudited accounts for the full financial year along with an registered accountants certificate of confirmation • Business bank statements for the same 12 month period as the CT 600 • Current Appointment Report from Companies House
Financial Evidence • Self-Employed with shares in a Limited Company One of the following: • Certificate of VAT registration and the VAT return confirming VAT registration number (if turnover was higher than £ 79, 000 threshold); • Proof of ownership or lease of business premises (if applicable) • Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, Proof of PAYE reference number and Accounts Office reference number. • Where registered as a director, an employee or both, and receives a salary from the company, the following must be provided: • Pay slips and P 60 (if issued) covering same period as the CT 600 • Personal Bank statements covering same period as CT 600 to show payment of salary
Financial Evidence • Self-Employed with shares in a Limited Company Where person receives dividends, the following must be provided: • Dividends vouchers for the same period as the CT 600 showing person’s details and net dividend amount • Personal bank statements showing that the dividends were paid into an account in the persons name • Evidence of ongoing Self-Employment E. g. , personal/business bank statements to date, renewal of license to trade, payment of business rates, business related insurance premiums, employer NI contributions, etc.
Financial Evidence Cash Savings • The savings must be held in any form of bank/savings account, provided that the account allows for the savings to be accessed immediately. This can include savings held in a pension savings account which can be withdrawn immediately. • Paid out competition winnings or a legacy which has been paid can contribute to cash savings • Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the 6 month period prior to the application, provided that: • The funds have been in ownership and control for at least the 6 month period • Funds in the form of investments, stocks, shares, bonds or trust funds the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
Financial Evidence • Cash Savings Funds held in cash savings can be the proceeds of the sale of a property, in the form of only a dwelling, other building or land, which took place in the 6 month period prior to application date if: • The property was owned at the beginning of the 6 month period prior to the application date and the date of the sale by the applicant, their partner or both jointly • Where ownership was shared with a third party, only the proceed of the sale of your share of the property will be included • The funds deposited as cash savings are the net proceeds of the sale, once the mortgage or loan secured on the property has been repaid and once any taxes and professional fees have been paid. • Evidenced by: • • • Registration information or documentation from the Land Registry A letter from a solicitor instructed in the sale of property, confirming the sale price and other relevant information A letter from a lender, on its headed stationary, regarding repayment of mortgage or loan secured on property Confirmation of payment of taxes or professional fees associated with the sale Any other relevant evidence