Thursday 28 December 2023

The spouses, unmarried partners and fiancé(e)s of people present and settled in the UK (eg British citizens, those with indefinite leave to remain in the UK and pre-settled or settled status holders) can apply for immigration permission to live with their partner in the UK on the basis of their relationship (commonly referred to as a spouse visa). One of the criteria an applicant must meet is the minimum income requirement, the threshold for which is £18,600 per annum. The sources that can be relied upon to meet the threshold are limited and in part, subject to whether the applicant is already legally living and working in the UK. This means that the ability to actually maintain one’s family financially does not always go hand in hand with being able to satisfy this requirement.

The government announcement on 4 December 2023 increasing the minimum income requirement for partners of people present and settled in the UK to £38,700 took us all by surprise. The sheer scale of the increase (more than doubling the threshold) and the apparent lack of any kind of consultation preceding the announcement were key points of concern.

Even more surprising was the subsequent, subtly delivered news that the minimum income requirement would be increased incrementally, initially to £29,000 in Spring 2024. This revision was announced via a parliamentary answer on 21 December 2023, and the Home Office fact sheet on the changes was updated on the same day, setting out further details.

The apparent u-turn followed heavy criticism of the seemingly chaotic policy change, and it is certainly welcome news in the circumstances.

The fact sheet also provided some welcome clarification in relation to the retroactivity of these changes and confirms that those already in the UK with permission as the partner of a person present and settled in the UK will not be required to meet the increased threshold when they apply to extend and settle.

However, £29,000 is still a substantial increase and the implementation of this new threshold will affect many families’ lives. There remains a lack of clarity as to when the further increases of £34,500 and finally £38,700 will be implemented and the impact the next general election may have on this. It also remains to be seen whether the government will consider widening the sources of income permitted and the nature of the supporting evidence required so that the minimum income requirement can serve as a more accurate test as to whether a family can support themselves in the UK without recourse to public funds.

Get in touch

Laura Devine Immigration offers strategic advice on all aspects of UK and US immigration nationality law. We regularly advise clients on their family immigration options. If you would like advice on the upcoming changes to the spouse visa route, see our website and contact your assigned LDI lawyer or enquiries@lauradevine.com