Breaking UK Immigration News – The Income Threshold for Family Visas Will Now Rise From £18,600 to £29,000 in 2024
Our Immigration Solicitors recently reported that the income threshold for Family Visa and Spouse Visa applicants would rise from £18,600 to £38,700 in Spring 2024.
On 21 December 2023, the government said the financial requirement would rise to £29,000 in Spring 2024 as part of a staged increase in the minimum income requirement. That’s good news for many families but we can understand if many Spouse Visa applicants and their sponsors are confused and surprised.
In this article, our Immigration Solicitors look at the further change in immigration policy and the new Spring 2024 Family Visa income threshold of £29,000.
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For expert Family Visa immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
New £29,000 income requirement for Spouse Visas and Family Visas
On 21 December 2023, the UK government published a policy paper Legal migration statement: estimated immigration impacts.
In this policy statement, the government says the financial requirement for the Family Visa and the Spouse Visa will increase to £29,000 rather than the previously reported rise from £18,600 to £38,700 in Spring 2024.
The paper says:
‘’A decision was taken to increase the family Minimum Income Requirement (MIR) in line with the standard Skilled Worker general threshold. This would see the MIR increase to median earnings for jobs at the skill level of RQF3, currently £38,700. As part of a staged implementation, an initial increase to the 25th percentile of RQF3 jobs of £29,000 will be enacted initially and this initial implementation level is assessed in this paper’’.
We have highlighted the reference in the policy statement to ‘’initial increases’’ in bold as many news outlets are reporting that the plan to increase the financial requirement to £38,700 has been changed. It has not – unless the government does not carry out any further staged increases.
Before this statement, there had been no indication of a staggered or staged implementation of the increase in the financial requirement to £38,700. The statement does not say how the minimum income requirement will increase from £29,000 to £38,700 or the timescale. All Spouse Visa Solicitors know is that the increase to £29,000 will come into force in Spring 2024.
Why has the Family Visa minimum income requirement been changed to £29,000?
Immigration solicitors cannot say with any certainty why the government is now introducing the planned rise in the Family Visa financial requirement on a phased basis, having previously said the income requirement would increase to £38,700 with no mention of staggered income rises to the eventual £38,700.
The policy paper says it is estimated that around 50 to 60% of the UK working population acting as a Family Visa sponsor could meet the threshold based on their earnings (without recourse to savings). This compares to the current 75 to 80% of the UK working population who meet the Family Visa financial requirement of £18,600.
The apparent change in direction or the timing of the increase may be down to the criticism of the immigration rule changes in national newspapers and tales of how individual families would be impacted. The headlines at Christmas did not make great reading.
Alternatively, on reflection, the government may have thought that a sudden increase of over £20,000 to the minimum income requirement could have placed the Home Office at risk of a successful challenge to the immigration rule changes using human rights law, particularly the right to family life under Article 8 ECHR.
In addition, the policy statement questions whether there would be an increased number of Family Visa applicants successfully applying for a Family Visa using the exceptional circumstances route because they did not meet the revised minimum income requirement of £38,700.
Inevitably some families will not be able to meet the £29,000 financial requirement. If that is you or your sponsoring partner then you should try to apply for your Family Visa or Spouse Visa before Spring 2024. If you cannot do that then our Spouse Visa experts can look at using the exceptional circumstances route or your other visa options.
If your sponsor earns in the range of £29,000 to £38,700 then our Immigration Solicitors recommend that you apply for your Family Visa as soon as you can do so. That is because there is no government timescale on when the increase to £38,700 will unfold.
Our Spouse Visa Solicitors hope that the rise to £38,700 will disappear but there are no guarantees. It is extremely frustrating for families and worrying if you and your sponsoring partner are in the income bracket of £29,000 to £38,700 and you are not yet ready to apply for your Family Visa.
The great unknowns
Spouse Visa Solicitors still do not know the details of how the new the financial requirement will be implemented.
For example:
- At present, if a sponsor or visa applicant has £65,000 in cash savings, they do not need to meet the income requirement. Will the figure of £65,000 increase? If so, by how much?
- If you have children who are not British citizens a visa applicant needs their sponsor to earn an extra £3,800 a year for their first child and £2,400 a year for each child the visa applicant has after their first child. Will these figures still apply or increase?
- There are complex rules on how a visa applicant and their sponsor can meet the financial requirement for a Family Visa. Will these rules stay the same or be simplified?
The immigration health surcharge increases in January 2024
Although the news on Family Visas is great news for multi-national families looking to reunite in the UK you should remember that the UK government is increasing the immigration health surcharge.
The immigration health surcharge is due to go up on around 16 January 2024. Read more about the surcharge and the planned rise here. If you can do so, Immigration Solicitors recommend that you apply for your Family Visa or Spouse Visa before the January date.
Talk to Spouse Visa Solicitors about the Family Visa income requirement
If you want to apply for a Family Visa and you or your sponsor earn less than £29,000 or less than £38,700 per year then talk to a specialist Spouse Visa Solicitor to come up with a plan on how best to make your application and when.
Our expert Immigration Solicitors are friendly and approachable and are here to help you understand the financial requirement and the eligibility criteria for the Family Visa. Our individual immigration expertise is recognised in the 2024 Chambers Guide to the Legal Profession.
UK Online and London-Based Immigration Lawyers and Spouse Visa Solicitors
For expert Family Visa immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.