The Effect of Changes to the Family Visa Minimum Income Requirement on Applications for Spouse Visa Extensions and Family Visa Switch Applications
There have been lots of articles about the impact of the changes to the Spouse Visa financial requirement on Family Visa applicants but our Immigration Solicitors are also receiving panicked calls from Spouse Visa holders and their sponsors concerned that a husband, wife or partner will not be able to remain in the UK because when they come to apply for a Spouse Visa extension or for indefinite leave to remain they will not meet the new minimum income requirement.
In this blog, our Immigration Solicitors look at how the government’s planned changes to the minimum income requirement for the Family Visa will affect you if you are already in the UK on a Family Visa.
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.
In the UK on a Family Visa and applying for a visa extension
If you enter the UK on a Family Visa you will need to apply to extend your Family Visa before you can apply to settle in the UK. Unless you secure your visa extension you will not meet the residence requirement for indefinite leave to remain.
Many people in the UK on Family Visas, such as the Spouse Visa or Partner Visa, are understandably anxious about their future in the UK. That’s because when they entered the UK their sponsor only just satisfied the financial requirement of £18,600 and they and their sponsor would not meet an increased minimum income requirement of £29,000 or £38,700.
The financial requirement is due to rise from £18,600 to £29,000 in Spring 2024. It is then going to be subject to a further increase to £38,700 in January 2025. Spouse Visa Solicitors say there is every chance that these dates may change as originally the government announced a rise from £18,600 to £38,700. The Home Office then said it would increase the minimum income requirement on a phased basis rather than in one go. There is also the small matter of a UK general election in the next 12 months.
A recently released Home Office fact sheet says that if you are already in the UK on a Family Visa (including a Spouse Visa or Partner Visa) the minimum income requirement when you come to apply for your Family Visa extension will remain at £18,600 and will not increase to either £29,000 or £38,700.
This announcement makes it even more important for those looking to come to the UK on a Family Visa to make their application before Spring 2024 so they only have to meet the minimum income requirement of £18,600 when they make their initial application and their visa extension application.
In the UK and switching to a Family Visa
If you are already in the UK, perhaps on a Skilled Worker Visa or Student Visa, and you want to switch to a Family Visa then you may assume that as you are already living in the UK the increase to the minimum income requirement for the Family Visa will not apply to you. That is incorrect.
If you switch to the Family Visa route before Spring 2024 you will only need to meet the financial requirement of £18,600 when you make your first Family Visa application and when you apply for any Spouse Visa or Partner Visa extension. However, if you switch to the Family Visa after Spring 2024 when the minimum income requirement increases to £29,000, you will need to meet the new financial requirement.
Spouse Visa Solicitors are recommending that if you want to switch to a Family Visa you do so before Spring 2024. Your sponsoring partner may earn more than £29,000 but there is always a risk that they might lose their employment and have to take a lower-paid job or be forced to work part-time because of ill health or other family-related reasons.
Talk to Spouse Visa Solicitors about the Family Visa income requirement
If you are in the UK on a Family Visa and need a visa extension or if you are interested in switching to the Family Visa route it is best to speak to specialist Spouse Visa Solicitors before the minimum income requirement changes.
Spouse Visa Solicitors can tell you if you meet the eligibility criteria for a Spouse Visa extension or if you would qualify to switch to a Family Visa route and the best time to make your application. It is best to talk to an Immigration Solicitor as soon as you can as it is not just a case of being given expert legal advice on your best visa options and the timing of your visa application. You also need to understand what evidence you will need to support your application. That may involve gathering payslips or bank statements for a few months before your visa application.
Getting the timing of your visa application right as well as submitting the right documents in support of your application will give you the best chance to successfully secure your Family Visa or Spouse Visa extension.
With OTS Solicitors you are in safe hands as our individual immigration expertise is recognised in the 2024 Chambers Guide to the Legal Profession.
However, our Spouse Visa Solicitors recognise that we are often chosen through word-of-mouth recommendations or reviews. On 22 December 2023 one former client posted a review saying:
‘’I am immensely grateful to Nollienne at OTS Solicitors for her exceptional assistance in obtaining my partner visa for the UK. Nollienne's expertise and dedication were evident throughout the process, and her personalized approach made a significant difference. She navigated the complexities of immigration law with precision, providing clear and timely communication. Thanks to her efforts, I am now happily reunited with my partner in the UK. I highly recommend OTS Solicitors and Nollienne for her outstanding work. Thank you for making this journey smoother and ensuring a positive outcome for my case. A 10/10 from me!’’
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.
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