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Hi Joppa

I am an Australian citizen and have been living and working in London on a Tier 5 Youth Mobility visa that began on the 1st August 2015 and expires on 1st August 2017. I have applied online for an unmarried partner visa and will be attending my visa application appointment in Sydney Australia on the 3rd of August 2017.

I have been working full-time as a freelancer since October 2016 (more than 6 months). I am employed by an umbrella company in the UK however I work for only one client on a full-time basis at their offices in London.

I want to know if I am allowed to rely solely on my own income to meet the financial requirements for the unmarried partner visa. My annualised income exceeds the minimum requirement of $18,600 when calculated under category A as a non-salaried worker. I have been advised by a third party immigration consultant that I cannot rely solely on my own income to meet the financial requirements of the visa as I won't have the right to work in the UK on the date of my application. However, section 3.1.3 of the Appendix FM 1.7 states that:

'All employment or self-employment income must come from working legally. All income and savings must be lawfully derived. Where an application relies on the earnings of the applicant, they must be in the UK with permission to work and their hours of work must not exceed any limit specified in their conditions of leave. Earnings from employment undertaken by the applicant when they did not have leave to enter or remain and permission to work (excluding those whose leave has expired within 28 days of the current application) cannot be included.'.

Does this mean that because I am applying for the unmarried partner visa within 28 days of my Tier 5 Youth Mobility visa expiring (from Sydney) that I am allowed to rely on my own income as the applicant to meet the financial requirements?

Is the advice that I received, that I cannot successfully just rely on my income correct?

Thanks in advance!
 
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