The financial requirement that applies to spouse visa applications can be complex. This is especially so if the couple is relocating back to the UK following time spent overseas.
We have recently assisted a number of couples who have spent time overseas and who wish to relocate back to the UK. Below, we have set out some tips on how such applicants may be able to meet the financial requirement.
The requirements that an applicant must meet in order to obtain a spouse visa are set out in Appendix FM of the Immigration Rules. These rules contain a minimum income requirement of least £29,000, or a cash savings requirement of at least £88,500. The cash savings must have been held for at least six months before the date of application. Income and cash savings can be relied on together in certain circumstances.
The income rule – returning to employment in the UK
Generally, in a spouse visa application, if the applicant is relying on income from employment, this must usually have been earned from work in the UK. The income must have been paid over a six-month period and must have been earned by the British or settled spouse. This is unless the foreign spouse has been lawfully entitled to work in the UK, in which case, their income can also be relied on.
Where the British or settled spouse has been working overseas, the good news is that it is possible to rely on the income they have earned from that employment. This is providing they have secured the offer of a job in the UK, and as long as the following two conditions are met:
- if they have been employed by the same employer for six months or more, they must have received a gross annual income of at least £29,000 in the six months prior to the spouse visa application being filed; and
- they must have a guaranteed UK job offer and the work must commence within three months of returning to the UK. The guaranteed salary for the role must be at least £29,000 a year.
Unfortunately, income or potential future income of the foreign spouse cannot be relied upon in these circumstances.
Cash savings – the sale of property
If the applicant cannot rely on income, or would prefer to rely on cash savings, evidence must be provided to show that the couple (jointly or individually) have held savings of at least £88,500 for the six months prior to submitting the application.
Many couples planning to relocate to the UK may not have cash savings in a bank account but may have sold a property which has released funds of at least £88,500. This would be acceptable, even if the funds have been held for a period of less than six months.
In order to rely on funds held in cash savings from the sale of a property, the couple must show that:
- The property was in the form of a dwelling, other building or land.
- The property (or relevant share of the property) was owned by the applicant, their partner or both jointly at the beginning of the six-month period prior to the date of application.
- The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid.
- If the ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner, or both jointly, may be counted.
Pension
Those who are no longer working due to retirement can, in the majority of cases, rely upon any pension received in order to demonstrate that they meet the financial requirement.
The gross annual income from a state pension (UK or foreign), occupational pension, or private pension received by the applicant, or their partner, can be counted as income. This is providing the pension has been a source of income for at least 28 days prior to the application date.
If an applicant relies on pension income to meet the financial requirement, the evidence required in support of this is minimal and it is therefore one of the simpler methods of meeting the financial requirement.
Maintenance grant or stipend
If either of the couple are, or will be, studying then any maintenance grant or stipend they will receive can be counted as an income in order to meet the financial requirement.
The person must be:
- currently in receipt of the grant or stipend; or
- will be within three months of the date of application.
In addition:
- the grant or stipend must be payable for a period of at least 12 months; or
- for at least one full academic year, from the date of application or from the date on which payment of the grant or stipend will commence.
Alternative options
There are many methods of meeting the financial requirement and many of the options can be combined. All the options are covered in Appendix FM.
In our experience, the above represent the most common ways of meeting the financial requirement for couples seeking to relocate to the UK.
Transitional provisions for applicants who applied before 11 April 2024
The Home Office has put in place transitional arrangements for applicants who made their applications for permission to enter or permission to stay before 11 April 2024. Such applicants will continue to be required to meet a minimum income requirement of £18,600, or £62,500 if relying on cash savings. These transitional provisions are only applicable to individuals who:
- have permission as a partner on the five-year route to settlement, or as a fiance or proposed civil partner at the date of application;
- made their first application as a fiance, proposed civil partner, or as a partner, before 11 April 2024, and were granted permission as a fiance, proposed civil partner, or as a partner as a result of that application; and
- are applying for permission to stay with the same partner for which they were last granted permission.
All the above requirements must be met, if they are not, applicants will be required to meet the new, higher financial requirement of £29,000. Do note, these transitional arrangements do not apply to those who currently hold permission under the 10-year route to settlement. If such applicants wish to switch into the five-year route, they will be required to meet the new minimum income requirement of £29,000.
It is important to note that the transitional minimum income requirement of £18,600 applies only to single applicants (i.e. applications where there are no sponsored children). Where there are children also applying, this minimum income requirement will increase. An additional gross annual income of £3,800 is required for the first child sponsored, and an additional £2,400 for each further child. This is now capped at a maximum of £29,000. This means that the minimum income requirement any applicant and their dependants will need to meet will not exceed £29,000.
How our Immigration Solicitors can help
Our Immigration Solicitors specialise in advising couples who are returning to the UK. If you require legal advice regarding a UK spouse visa application, our immigration specialists are always happy to have an initial discussion. Please contact us, or complete the enquiry form below.
This article was originally published in February 2019 and has been lightly updated; it is accurate as of the new date of publication shown.
