On 4 December 2023 the Home Secretary announced a variety of proposed changes to the Immigration Rules with the intention to cut migration. One of the announcements is the intention to increase the minimum income requirement for UK partner visas. It is understood that the income requirement will increase to £38,700 in the spring of 2024.
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Current minimum income requirement
The minimum income requirement was first introduced in July 2012. It applies to anyone seeking leave to enter or remain in the UK as the partner of a British citizen or a person settled in the UK. You must normally be able to show that you have access to a minimum annual income. This is currently £18,600, and under the new proposals it will be increased to £38,700.
The figure increases if you are applying for leave to enter or remain for a child to come with you to the UK. Currently this means an extra £3,800 for the first child, and £2,400 for each additional child. We do not yet know if these amounts will be increased also.
Exemptions to the minimum income requirement?
If the UK partner is claiming one of a limited set of benefits (including Personal Independence Payment and Carer's Allowance), then the minimum income requirement does not apply and instead there is a requirement to demonstrate that ‘adequate maintenance’ is available. Also, where a case involves significant human rights issues (normally where a child would be detrimentally impacted by a refused application) it may be that the minimum income requirement would not apply at all.
Given the proposed increase to the minimum income and the significant number of individuals and families this is likely to impact (only 25% of the UK population earns enough to meet this new requirement) it is logical to expect there will be more people seeking to rely on these human rights exemptions. There is no information so far as to whether there will be changes to these exemptions when the minimum income requirement is increased.
What can I do?
Given the early days of this announcement there are currently still a number of unanswered questions.
When will the increase happen? Will the proposed figure change? Will there be transitional arrangements for those people already in the UK as a partner when they come to extend? What (if any) exemptions will apply?
Changes to the Immigration Rules have up to now largely applied only to new applicants applying after the date they are introduced. Also we do expect to have some period of notice of the change but this may not be long. Once the changes are finalised and announced there may still be time to make an application under the current (old) rules.
If you are a British citizen and have future plans to relocate to the UK with your partner or you are settled in the UK and looking to have your partner join you from abroad, it is likely going to be worthwhile to consider if your plans can be brought forward.
For advice from our expert immigration team, you can book a ‘Where Do I Stand?’ consultation with one of our team who will be happy to guide you.
You might benefit from making an application as a fiancé or proposed civil partner to come to the UK. You may meet the requirements to apply as an unmarried partner. You may also want to consider bringing forward planned dates for your travel or marriage if you do not expect to be able to meet the new higher threshold, or you could consider whether there is opportunity for a change to a job with a better salary.
You should bear in mind that under the current version of the rules the UK sponsor/partner must have been earning the required minimum salary level for a least 6 months as at the date of application.
Certainly, you will want to keep a regular and close eye on future announcements and news stories on this issue to make sure you are up to date with the latest information.
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