A British or settled person can sponsor a partner (spouse, civil partner, fiancé/fiancée, or an unmarried partner in relationship for 2 years) to obtain a visa to live with them in the UK. In April 2024 the financial requirement to sponsor a partner increased significantly. The Labour government have confirmed they will maintain this increase.
The increase will affect all applications but will tend to have a bigger impact on younger families and families currently living outside of the UK. Younger families are less likely to have a high salary and/or savings. Those living overseas will find it harder to obtain UK employment that meets the minimum salary requirements.
What are the current income requirements for a spousal visa application?
From 11 April 2024 the minimum income requirement increased to £29,000 a year.
Previously, applicants had to have at least an annual salary of £18,600 together with a relatively small additional amount for any children requiring sponsorship. There is no longer a separate child financial requirement.
The previous government announced plans to further increase the threshold later on in 2024 to £34,500 and said that it will increase the threshold again, to £38,700 in 2025.
It remains to be seen whether the Labour government will implement these further increases which are currently under review.
What is treated as income for these purposes?
- Salary from employment in the UK
- Rent
- Dividends from shares
- Pension
- Self-employed earnings
Strict rules specify what evidence must be provided to prove the income. If the specified evidence is not provided then the application is likely to be rejected.
The income can belong to either party in the couple, but if the couple are living overseas when they apply, they can only rely upon a UK salary that will be earned by the British/ settled partner. A UK job-offer made to the non-UK partner who is intending to return to the UK will not help with the application. In such circumstances, the couple might benefit from considering if the non-UK partner can qualify for a Skilled Worker visa instead of a spouse visa.
A good job-offer to the UK partner on its own will not suffice. The UK partner will also need to demonstrate their previous earnings overseas have been at an acceptable level.
What if I am already living in the UK with a spouse visa and need to extend this? Will the new income requirement apply to me?
Applicants who need to extend a current spouse visa and who made their original application on or before 11 April 2024 will follow the previous salary requisite of demonstrating an annual income of £18,600 if their existing visa was granted under the 5-year route (see below). If they qualified under the 10-year route, they will be assessed against the new requirements.
Am I able to use my savings?
Applicants may be able to use their savings to satisfy the financial requirement but applicants are only given credit for savings
- which have been held by the couple (either of them) continuously for 6 months at the date of application, and
- to the extent that they exceed £16,000.
If the couple sell a property during the relevant 6-month period they can also rely on the net sale proceeds.
If your savings are high enough then it will not be necessary for you to demonstrate any income. But the required savings for this to happen has increased from £62,500 to £88,500.
In most cases, an applicant can combine income and savings over £16,000. The level of savings will reduce the amount of income required according to a formula. However, income that has been earned from self-employment cannot be combined with savings.
What if I am in receipt of disability benefits?
If the UK partner is in receipt of specified disability or carer benefits (including for example DLA or PIP), a different and more flexible financial test applies. They will qualify if they demonstrate that they have enough income (including from benefits) to ‘maintain and accommodate themselves’ and it might be possible to do this even if the income is lower than £29,000.
What if there are exceptional circumstances or Human Rights issues?
In some cases where a couple cannot satisfy the financial requirements tests it may be possible to persuade the government to be flexible under an “exceptional circumstances” test and/ or Human Rights (Article 8 – Family Life). But this is only likely to be possible in relatively unusual circumstances. Evidence will be required to show that a refusal of the visa will have particularly serious or unjust consequences. In addition, evidence should show that the family will be able to support itself without needing to rely on state benefits.
Does it make a difference if we have a child living in the UK?
If your child is British or has lived in the UK for the last seven years, there is a specific exception from which you may benefit. The application can be granted in these circumstances, even if the financial requirements are not met. This will happen if the couple can show that requiring the family to leave the UK would not be in the child’s best interests.
What is the 5-year route and what is the 10-year route?
If you meet all the financial and other requirements you will obtain a visa which allows permission to settle permanently in the UK after 5 years. If you do not meet all requirements but your application succeeds on exceptional grounds then your visa will only allow you to settle permanently in the UK after 10 years. You can if you wish make an additional application to move from the 10-year route to the 5-year route, where your circumstances change to allow you to meet all the financial requirements.
Are there other requirements for the visa?
There are other vital requirements for a partner visa. This article only considers the financial issues. For further general guidance about partner visas please see: https://www.gov.uk/uk-family-visa/partner-spouse
Bower Bailey prepares and submits spouse applications and provides relevant guidance and advice to our clients on qualification and alternative routes. Please contact us for further information.
