For an application for a spouse/partner visa under the 5-year route to be successful, the applicant must meet the financial requirements set out in Appendix FM and Appendix FM: Specified Evidence of the Immigration Rules.
Transitional Financial Requirement Of £18,600 For Applicants Who Made Their Initial Partner Visa Application Before 11 April 2024
The Home Office UKVI has introduced the transitional financial requirements for an applicant who made their first application as a fiancé(e), proposed civil partner, or as a partner before 11 April 2024 and who was granted permission as a fiancé(e), proposed civil partner or as a partner on the five-year route to settlement as a result of that application. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, a person who has permission as a partner on the five-year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of application, must meet the transitional financial requirement of income which is £18,600 gross per year if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful. Under the new rules, where the financial requirement exceeds £29,000 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £29,000.
The transitional financial requirement of £18,600 per year applies to applicants applying for permission to stay with the same partner for whom they were last granted permission. Applicants applying for permission to stay with a new partner must meet the financial requirement of £29,000 gross per annum.
Financial Requirement Of £29,000 Gross Per Year From 11 April 2024
As a result of changes to Appendix FM of the Immigration Rules effective from 11 April 2024, the new financial requirement of £29,000 gross per annum applies to an applicant who is making their first application on the partner route on or after 11 April 2024. You will not have to meet higher income requirements if you have any dependent children applying simultaneously along with the lead applicant, and the threshold will remain at £29,000 gross per annum.
Applicants can combine employment income under Category A with savings if the employment income is less than £29,000 gross per annum. The savings must be £16,000 plus additional savings equivalent to 2.5 times the difference between the applicant's gross annual income and £29,000.
What Are Various Sources Of Meeting Financial Requirements?
Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following 5 ways:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Depending on the employment history, this is referred to as Category A or Category B.
- Non-employment income, such as income from property rental or dividends from shares, is referred to as Category C.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
- State (UK or foreign), occupational, or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.
What Is Exemption From Meeting The Financial Requirement Of Earning £18,600/£29,000?
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above, or £29,000, as the case may be,:
- Disability Living Allowance; or
- Severe Disablement Allowance; or
- Industrial Injuries Disablement Benefit; or
- Attendance Allowance; or
- Carer’s Allowance; or
- Personal Independence Payment; or
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
- Police Injury Pension; or
- Child Disability Payment; or
- Adult Disability Payment
If the applicant’s partner is receiving one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance.” The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.
What Is The Formula For Meeting Adequate Maintenance Requirements?
The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement:
A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.
