Get financial ducks in row now if you need a partner visa - Jack Freeland

Jack Freeland is a Senior Solicitor, Immigration, Shepherd and Wedderburn

The minimum income threshold for foreign spouses and partners of British citizens is changing, so be prepared

From 11 April, the minimum income threshold foreign spouses and partners of British citizens need for a spouse/partner visa will increase from £18,600 to £29,000. For those not relying on income, the threshold for cash savings will increase from £62,500 to £88,500.

These changes will not affect existing spouse/partner visa holders. Those already admitted to this visa route before 11 April will continue to have their applications assessed against the current £18,600 income threshold all the way through their five-year visa pathway.

Anyone considering a spouse/partner visa and earning less than the new minimum income threshold of £29,000 should consider making their visa application before 11 April 2024 to beat the changes.

The minimum income requirement can be met by relying on income from employment, self-employment, cash savings or other non-employment sources such as property rental, pension, or dividend income. When relying on income from employment or self-employment, unless the foreign applicant is already living in the UK with permission to work, only the British partner’s income can be used.

For employment, the standard position relies on income from the same employer for at least six months. The requirement can also be met by showing gross earnings above the threshold from multiple employers over 12 months, or with the same employer for less than six months if the applicant can show gross earnings above the threshold over a shorter period.

The level of self-employment income that can be used to meet the financial requirement is the gross taxable profits of the business in the last full financial year, not including any deductible allowances, expenses or liabilities. The financial year runs from 6 April to 5 April. This is important for those applying shortly after the tax year ends on 5 April as self-assessment tax returns must be provided with the application and may have to be filed earlier than planned.

When relying on income from all other sources, income from both the applicant and their partner will count towards the requirement, regardless of the applicant’s location or visa status. Cash savings normally need to have been held for at least six months unless they have been generated by the sale of investment or property assets. Pension income and other non-employment income must have been received in the 12 months prior to the date of application.

The definition of “Partner” in the immigration rules has been changed to remove the requirement for unmarried partners to have been living together for at least two years. Now they only need to demonstrate two years of relationship similar to marriage. This update recognises that modern-day international relationships may not always involve periods of continuous cohabitation. Partners will still be expected to start cohabiting together when the application is granted unless there is a good reason preventing them living together, such as temporary separation for work.

The change is significant, but not surprising, as it simply aligns the rules for unmarried partners of British citizens with the existing rules for unmarried partners of other visa holders.

Meeting the minimum income threshold for a spouse/partner visa is not always straightforward. Simply having the money is not enough. It must come from a specific source, be calculated in a certain way, and specified evidence must be provided to prove the income is genuine. Applicants should consult Home Office guidance carefully or seek legal advice before applying.

Jack Freeland is a Senior Solicitor, Immigration, Shepherd and Wedderburn