# New Third Party income rule for spouse visa



## Rheard (Apr 9, 2014)

Hello 

I would like to if the new income rule ( Third Party ) for the UK spouse visa can be a Grand parent that lives in South Africa ? Or does it need to be someone that Lives in the UK already ?


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## Rheard (Apr 9, 2014)

Can anyone assist with this ? as I have a Grand father in South Africa that can assist us when we in the UK...


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## HKG3 (Jan 11, 2015)

Rheard said:


> Hello
> 
> I would like to if the new income rule ( Third Party ) for the UK spouse visa can be a Grand parent that lives in South Africa ? Or does it need to be someone that Lives in the UK already ?


The Home Office currently allows family members to help out. Your South African grandparent can give you the sum required (£62,500) to meet the financial requirement. The money needs to be a gift from the relative and written confirmation is required for spouse visa application.


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## Joppa (Sep 7, 2009)

It can be, but before they consider external support, there must be exceptional circumstances in your case.


> “Exceptional circumstances” means circumstances which could or would render refusal of entry clearance or limited leave to remain a breach of ECHR Article 8 (the right to respect for private and family life), because refusal could or would result in unjustifiably harsh consequences for the applicant, their partner or a relevant child, or would result in unjustifiably harsh consequences for another family member whose Article 8 rights it is evident from the application would be affected by a refusal.


 https://www.gov.uk/government/uploa...fe_as_a_Partner_or_Parent_-_5-year_rou....pdf Page 58
You should read the rest of the document to see further details and the revised FM 1.7 financial requirement guidance. As this is yet untried, we don't know how Home Office will exercise powers and judgments in this regard.
What is clear is for most applicants, you still need to meet the financial requirement without external support, as the burden of proof of what constitute 'exceptional circumstances' is quite high and Home Office will defend its judgment most vigorously.


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## Crawford (Jan 23, 2011)

With regard to the new ruling of 10th August, it would appear that, where the applicant does not meet financial requirements, where there is a child in involved and where there are exceptional circumstances, the decision maker (ECO) can decide as to whether additional resources, such as third party support, can be used.

The following statement appears throughout the document I previously linked:

_Require the decision-maker, where an application for entry clearance or leave to remain made or considered under Appendix FM does not otherwise meet the relevant requirements of the Immigration Rules, to go on to consider, on the basis of the information provided by the applicant, whether there are exceptional circumstances which would render refusal of the application a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. This
brings the test of proportionality under Article 8 into the Rules. _

Therefore if you are thinking that you can get monetary resources from your Grandparents, but do not have exceptional circumstances and Article 8 reasons,I d not think this will apply.

As HKG3 says your grandparents or anyone else for that matter can 'gift' you what money you need already.


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