The minimum salary requirement for UK family visas is due to increase to £29,000 from 11 April 2024. Appendix FM of the Immigration Rules has been amended by the Statement of Changes to the Immigration Rules (HC 590), published on 14 March 2024.
The Statement of Changes to the Immigration Rules (HC 590) was laid out before Parliament on 14 March 2024. This has amended Appendix FM of the Immigration Rules, the legislative instrument behind the UK family immigration route.
We are covering in this article the minimum income requirement increase as a follow up of our previous article.
What are the reasons behind the increase?
The Explanatory Memorandum to the Statement of Changes confirms that the minimum income requirement for family visas has been raised on the basis that the previous threshold (£18,600) had not been increased for over a decade. It is explained that the previous threshold no longer reflects the level of income required by a family to ensure that they are self-sufficient and do not need to rely on public funds.
Further to the above explanation, the change must be understood as one of the measures adopted by government to advance its plan to reduce net migration in the UK. The Explanatory Memorandum refers to the wider context in which these drastic measures are taking place:
“5.18 The new minimum income requirement has been set at a level which is based on earnings as well as benefit levels to help ensure that migrants are more likely to make a net positive contribution to the public finances. This includes supporting the aim to reduce the overall level of net migration, which is too high. This change will also support the Government’s wider ambition for the UK to be a high-wage, high-productivity, high-skill economy.”
What has changed and when will it come into force?
The minimum income requirement threshold for family visas has been drastically increased from £18,600 to £29,000 with effect from 11 April 2024.
Furthermore, the ‘child element’ required to meet the financial threshold has been scrapped. The child element had the effect of increasing the minimum income required for partners applying with dependent children by £3,800 for the first dependent child, and £2,400 for any further additional children. This change has been implemented in order to align the financial requirements under the family route with those from other routes, such as the Skilled Worker route.
Will this change impact the cash savings needed as an alternative to income?
Applicants are still able to rely on cash savings rather than income, however the amount of cash savings that must be held has also increased. The total amount of cash savings required has been raised from £62,500 to £88,500, as a result.
For context, in order to rely on cash savings, in part or in full, individuals must have a minimum amount of savings of £16,000. Appendix FM sets out the formula used in calculating cash savings; this is as follows: (amount of cash savings – £16,000) ÷ (the period of the grant of leave: 2.5 years) = must equal at least £29,000. To rely solely on cash savings, individuals will therefore need to show £88,500 in cash savings, which is calculated as follows: (£29,000 x 2.5 + £16,000 = £88,500).
It is worth noting that those individuals who hold less than £88,500 may be able to rely on a combination of other permitted income sources (i.e. employment) to make up for the deficit.
Who will be affected by the increase?
The Statement of Changes clarifies that the change will affect new applicants to the family route, which includes children, spouses, civil partners, unmarried partners, fiancés, and proposed civil partners.
Individuals who already have a family visa granted on the five-year route to settlement and who wish to apply to extend their stay, or apply for indefinite leave to remain with the same partner, will continue to be assessed against the £18,600 income requirement. Similarly, those who make an application before the increase comes into effect on 11 April 2024 will also have their applications assessed against the current threshold.
The above has been confirmed in the Explanatory Memorandum:
“5.20. Once a minimum income requirement (MIR) has been met, the same MIR must be met through to settlement on the route, provided the applicant is applying to stay with the same partner. This will also be the case for children seeking to join or accompany a parent. These arrangements provide certainty for those already within the route, or who apply before the increase comes into force.”
We therefore strongly recommend that anyone who is planning to make an application does so sooner rather than later if they may not meet the increased income requirement.
It is also important to be aware that those already in the UK on a different visa category who apply to switch into the five year partner route, after the minimum income requirement has been increased, will be subject to the new income requirement.
What can individuals do if they cannot meet the new threshold?
Applicants who cannot meet the new increased threshold, would have to apply under the more onerous ten year route to settlement, which is granted in four tranches of 30 month periods.
The above is a difficult route rooted on Human Rights principles (ECHR Article 8), which requires partners to show that there are exceptional circumstances and insurmountable obstacles to their family life continuing outside the UK. Applications involving children would be required to prove that it would not be reasonable for their child to leave the UK, and more generally, that a potential refusal would be in breach of human rights because it would result in unjustifiably harsh consequences for the applicant or their family members.
These types of applications are very complex and require professional legal assistance coupled with substantial evidence to demonstrate the individual’s need to enter or remain in the UK on human rights grounds.
Are there going to be further changes impacting the minimum income requirement?
Correct. Going forward, the government intends to raise the minimum income requirement further which will ultimately lead to a minimum income requirement of £38,700. The dates for any potential further increases have not yet been announced.
How our Immigration Solicitors can help
Our immigration experts are able to provide advice and guidance in relation to spouse, partner, and other Appendix FM applications. If you are interested in making an application, our team would be happy to have an initial discussion with you. To arrange this, please contact us or complete the enquiry form below.
