Appendix FM was first introduced back in 2012 but was updated in July 2017 after being challenged in the Supreme Court. Although the financial requirement of earnings of £18,600 was deemed to be lawful, there was an acceptance that this amount could now be made up from a variety of different sources. This includes savings of above £16,000 and non-earned income such as dividends or rental income.
The rules are still quite strict in relation to Appendix FM and rental income and obviously, proof of such income is required. The rules quite clearly define “rental income” in 6.2 leia o artigo.1. 20 (c) as “Any rental income from property, in the UK or overseas, must be from property that is: (i) owned by the person; (ii) not their main residence and will not be so if the application is granted, except in the circumstances specified in paragraph 20(e); and (iii) if ownership is shared with a third-party, only income received from their share of the property can be counted. (cc) The amount of rental income from property received before any management fee was deducted may be counted.”
Here in Thailand, it is relatively common for sponsors to own property for the purposes of attaining rental income. This once again gives a greater opportunity for more UK nationals to take their Thai wives back to the UK. Obviously, the correct visa in the form of a Spouse Visa must still be sought but the relaxing of the laws with regards to other sources of acceptable income is definitely a positive move and one that should be welcomed by those looking to take their Thai wife back to the UK to live permanently.
Any property that is owned in Thailand and the income that is derived from it must be properly accounted for with regards tax purposes. Evidence such as rental contracts along with proof of income from the previous year may well be requested in order for it to qualify under the Appendix FM rules relating to rental income. This may be more complex if it is a house rather than condo due to the laws relating to ownership of land in Thailand and therefore meeting the criteria laid out concerning ownership in section 6.2.1.
In order to ensure that you meet all the requirements, it is advisable to use the services of a professional company who can offer expert advice on the matter. If you are currently living in Thailand but looking to move back to the UK we are more than happy to assist you or alternatively, you may already be living back in the UK, in which case are UK based team will be able to help you.
Here at Thai Visa Express, we are the only UK OISC accredited company in Thailand. As such, we are in a perfect position to be able to help you with your application. So, if you would like more information, call us on: +66 (0)80 102 2328, +66 (0) 38 420 313 or +44 (0) 20 8133 8059, email us on: firstname.lastname@example.org or alternatively contact us via our website.