UK Immigration Announces Higher Salary Threshold for Spouse Visas and Family Visas
Up and down the country families are reeling from the shock UK government announcement about the planned increase in salary threshold for Spouse Visas and Family Visas.
In this article, our Immigration Solicitors examine the planned salary threshold increase from £18,600 to £38,700 for Spouse Visa eligibility and look at your options.
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.
New income requirement for Spouse Visas and Family Visas
On 4 December 2023, the Home Secretary, James Cleverly, announced a 5-point plan to reduce net migration to the UK. In his statement, he said:
‘’ The government will also increase the minimum income required for British citizens and those settled in the UK who want their family members to join them. Altogether this reinforces that all those who want to work and live here must be able to support themselves, are contributing to the economy, and are not burdening the state.’’
Tough words, designed to reduce net UK migration figures by 300,000 people per year through a combination of measures.
The government has said it will increase the minimum income required for British citizens and those settled in the UK who want their family members to join them from the current £18,600 financial requirement to £38,700. That is more than doubling the financial requirement.
Date for new income requirement for Spouse Visas and Family Visas
No finalised set date was announced for the start date of the new financial requirement although Spring 2024 was suggested.
Immigration Solicitors recommend that you act now if you want to come to the UK on a Spouse Visa or a Family Visa or if you want to sponsor a loved one to come to the UK on a Family Visa.
Spouse Visa Solicitors warn that dates could be brought forward so if you want to apply for a Spouse Visa or Family Visa it is best to act now.
Remember, it takes time to get the paperwork together to make an application for a Spouse Visa, so do not leave it until March 2024 to talk to a Spouse Visa Solicitor about applying for a Family Visa.
Another key date for action – January 2024
As well as changes to the financial requirement for the Spouse Visa the government is also massively increasing the immigration health surcharge. This is a fee that must be paid by the applicant when applying for a Family Visa. The immigration health surcharge is due to go up on around 16 January 2024. The planned rise is big and you can read more here. If you can, it makes financial sense to apply for your Spouse Visa before the January date.
Talk to Spouse Visa Solicitors about the Family Visa income requirement
If you want to sponsor a loved one to come to the UK and you earn less than £38,700 per year then you cannot afford to wait for your husband, wife, civil partner, or unmarried partner to apply for their Family Visa.
If you delay your partner may not meet the financial requirement in their Spouse Visa application.
This will not just affect reunification with your partner. If you want your children to come to the UK, they will only be allowed to join you on Family Visas if the financial requirement is met.
At present the sponsor needs to earn £18,600 to sponsor their partner and an additional:
- £3,800 a year for your first child
- £2,400 a year for each child you have after your first child
At the moment, Spouse Visa Solicitors do not know if the government intends to increase the additional income requirement per child. If they do not, based on the figures above, a sponsor will need to earn nearly £45,000 a year to sponsor a partner and 2 dependent children. These figures are not confirmed as all the government has done is announce headlines, not details.
The message is clear though even if Immigration Solicitors do not have all the details, act now.
Could you be exempt from meeting the financial requirement for a Spouse Visa?
A visa applicant may be exempt from meeting the income requirement if the sponsor receives specified benefits. Talk to our Spouse Visa Solicitors about the qualifying benefits. If a partner intends to apply for benefits, they need to do so quickly as benefit applications can take a long time to process. A pending application for state benefits will not exempt a visa applicant from having to meet the income requirement at the date of the Family Visa application.
Could you meet the financial requirement for a Spouse Visa from savings?
If your partner earns less than £18,600 per year gross or their finances are complicated because they are self-employed, it may be best to see if you can meet the financial requirement through savings or a combination of income and savings. That way you may be able to apply for your Spouse Visa before the income requirement increases.
Under the current immigration rules, you need at least £62,500 in cash savings if you want to rely on cash alone to meet the Spouse Visa financial requirement. The figure is higher if children will be accompanying a parent on a Spouse Visa or Family Visa. The amount is £78,500 for a partner and 2 children. These figures may rise when the financial requirement rises from an income figure of £18,600 to £38,700.
You can, in some cases, use a combination of income and capital to meet the financial requirement. The immigration rules on the financial requirements are complicated. Plus, it may take time to move funds to suitable investments to meet the criteria. That is why it is best to take specialist legal advice now so you can apply for your Family Visa under the current immigration rules.
The rules on capital and the financial requirement say that the money must be held in an accessible account in the name of the applicant, the sponsor, or jointly. The account must be a current, deposit or investment account, provided by a financial institution regulated by the regulatory body in the UK or overseas. Critically, the rules say the savings must have been owned by and been under the control of the Spouse Visa applicant and/or their partner for at least 6 months before the date of application.
Next steps
Spouse Visa Solicitors stress that you cannot afford to wait to take expert legal advice on reunifying your family through a Spouse Visa, Family Visa or Partner Visa.
Our specialist Immigration Solicitors are friendly and approachable and here to help you navigate the changing rules and ideally ensure your application is submitted before the new rules come into force. 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.
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