Sponsorship and co-sponsorship

	Transpondia Immigration FAQ ©

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My capacity for sponsorship has deficiencies. Can I have a co-sponsor?
This oft asked question has two sides: that from policy and that from advocacy. Let's take a look at the policy side first. We'll begin by looking at the rules. Here's paragraph 281 from HC395: 281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that: (i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or (b) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and (ii) the parties to the marriage have met; and (iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and (vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity. For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom. This statement makes it clear that the couple must maintain themselves without recourse to public funds, and this is the intent of our laws. At issue is the phrase "...from their own resources...", which does not appear in paragraph 281 shown above. Let's now have a look at what an adjudicator wrote when an appeal was taken up: If a rich relation or a benefactor is willing and able to maintain a family in this country so that there is no need to have recourse to public funds, I see no reason in principle why that family should be kept apart. The purpose of the rules is quite clearly met and the natural meaning of the language used is consistent with the construction I have espoused ... the wording of the rule does not in terms suggest that the ability to maintain must be from the parties' own resources... (Collins J.) So based upon this ruling, sponsors are generally permitted to have a co-sponsor offering financial help or temporary accommodation.

My capacity for sponsorship has deficiencies. Can I have a co-sponsor?

This oft asked question has two sides: that from policy and that from advocacy. Let's take a look at the policy side first. We'll begin by looking at the rules. Here's paragraph 281 from HC395:

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or
(b) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
(ii) the parties to the marriage have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

This statement makes it clear that the couple must maintain themselves without recourse to public funds, and this is the intent of our laws. At issue is the phrase "...from their own resources...", which does not appear in paragraph 281 shown above. Let's now have a look at what an adjudicator wrote when an appeal was taken up:

If a rich relation or a benefactor is willing and able to maintain a family in this country so that there is no need to have recourse to public funds, I see no reason in principle why that family should be kept apart. The purpose of the rules is quite clearly met and the natural meaning of the language used is consistent with the construction I have espoused ... the wording of the rule does not in terms suggest that the ability to maintain must be from the parties' own resources... (Collins J.)

So based upon this ruling, sponsors are generally permitted to have a co-sponsor offering financial help or temporary accommodation.

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