The Financial (Minimum Income) Requirement for Partner Visas

by Dos team

The Financial (Minimum Income) Requirement for Partner Visas

Since 2012, Sponsors of Partner Visas Must Have an Annual Income of at Least £18,600.

In July 2012, the Coalition Government introduced a financial requirement stipulating that sponsors of partner visas must earn at least £18,600 annually. This measure was part of a broader strategy to reduce net migration, ensuring that families could support themselves without relying on public funds.

The £18,600 threshold can be met only through specific sources of income and funding as outlined in the Immigration Rules, which are complex and stringent.

For instance, when relying on employment income, typically only the sponsor’s earnings are considered. The visa applicant's employment income may only be included if they are already legally working in the UK and are either switching to a partner visa or extending an existing one.

In exceptional cases, where a visa refusal would infringe on the couple’s human rights, there may be some flexibility. Additionally, this requirement does not apply if the sponsor receives Carer’s Allowance or certain disability-related benefits.


Criticisms of the Policy

Migrants’ rights organisations and other stakeholders argue that the minimum income requirement is unjust. A key criticism is that it prevents British citizens, among others, from bringing a foreign spouse or partner to the UK, potentially forcing families to live apart until the sponsor meets the requirement.

Critics also highlight specific flaws and impacts of the policy, such as the level of the threshold, its varied effects across regions and demographics, and the rigorous evidential requirements. The policy’s impact on immigration numbers is uncertain but may involve tens of thousands.

In February 2017, the Supreme Court upheld the minimum income requirement’s lawfulness in principle but mandated changes to the rules to allow more flexibility.

Since its introduction, the policy has garnered significant parliamentary interest. In 2023, the House of Lords Justice and Home Affairs Committee recommended its reform.

However, interest has declined in recent years, partly due to inflation diminishing the effect of the £18,600 threshold. The upcoming increase to £29,000 and eventually to £38,700 has reignited public and parliamentary attention.


Income Threshold Increase to £29,000 in April, Rising to £38,700 in 2025

From 11 April 2024, the Government is increasing the minimum income threshold from £18,600 per year to £29,000. It will further rise to around £34,000 later in 2024, reaching £38,700 in early 2025, contingent on the general election outcome.

As in 2012, ministers assert that immigration levels are too high and that foreign partners should not burden the state. The increases will not be retroactive; thus, individuals who already hold a spouse/partner visa or apply before 11 April will only need to meet the current £18,600 threshold for future applications.

The £38,700 annual income will align with the new salary threshold for migrants on a Skilled Worker visa. The rationale for this benchmark is unclear, and the Migration Advisory Committee was not consulted, potentially making the higher thresholds more susceptible to legal challenges.

The Home Office is scheduled to publish a statement of changes to the Immigration Rules on 14 March 2024, detailing the increase to £29,000 effective from 11 April. For ongoing updates on these changes, refer to Library briefing CBP-9920, Changes to legal migration rules for family and work visas in 2024.

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