My constituent will be extending their spouse/partner visa on or after 11 April – will the £29,000 threshold apply to them, or only to first-time visa applicants?
Only to first-time applicants. A Government spokesperson initially said the higher threshold would apply to visa extensions, but the Home Office announced on 21 December that it would not: “Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold”.
People applying for permanent residence (formally known as ‘settlement’ or ‘indefinite leave to remain’) after being on a spouse/partner visa are also required to meet the minimum income rule. As worded, this exemption also appears to cover them. Full details are awaited.
Can both the applicant’s and the sponsor’s income be counted towards the £18,600 / £29,000 required?
When applying for the initial visa from outside the UK, only the sponsor’s income can be counted towards the minimum income threshold. For extensions and permanent residence, both incomes count. People generally need to provide evidence of having earned that income for the past six months (although the exact rules are complicated).
There are also some options for people who do not earn the minimum income, allowing them to qualify for the visa by other means such as by using savings above £16,000 or in exceptional circumstances. The Home Office has said this will still be possible once the threshold rises.
Will there be changes to the amount of savings needed as an alternative to income?
Under the current rules, the amount of savings required would automatically increase as the headline income threshold rises. If nothing in the rules were to change other than the income threshold rising to £29,000, that would push up the maximum savings required from £62,500 to £88,500. But there has been no announcement about this either way and the Government may not have decided on the appropriate level of savings: it is reportedly “consulting over whether to increase it”.
As with the main income rule, people generally need to have had the required amount of savings in their account(s) for six months before applying.
Will the minimum income increase apply to foreign members of the armed forces who want to sponsor a spouse/partner visa?
Yes.
Do any comparable countries apply minimum income rules to spouse visas?
Many countries require proof of sufficient economic resources. The way the requirement is expressed and assessed varies, making exact comparisons difficult. Where countries do express the requirement as a minimum income, such as in Belgium or Norway, Library research has so far not found any examples of the threshold being set above or close to £38,700 (the level the UK Government ultimately intends to reach).
Opponents of the minimum income policy often cite a ranking called the Migrant Integration Policy Index or MIPEX. In 2020, the UK was placed second from bottom among 56 countries for ease of family reunion. The family reunion ranking takes economic resources requirements into account, along with several other factors, in comparing the various countries.
What about the higher £38,700 salary threshold for the Skilled Worker visa – will that apply to people already here on that visa?
No. “Those already in the Skilled work route, and applications made before the rules change, will not be subject to the new £38,700 salary threshold when they change employment, extend, or settle”, according to the Minister for Legal Migration.
In certain circumstances, people can be paid a little less than the baseline minimum salary and still be sponsored for a Skilled Worker visa. This includes “new entrants” to the labour market, such as people aged under 26 and post-doctoral researchers. There has been no indication that this would change, except for the significant revisions to the shortage occupation list.
UK Raises Minimum Salary Requirements for Skilled Worker and Spouse/Partner Visas