Visas for partners: how will the change in the Minimum Income Requirement affect you?

Under current rules, applicants for a visa as the partner of a British citizen need to show that the couple have a minimum income of £18,600 (more if there will be children applying for visas at the same time). That "minimum income requirement" was introduced in 2012 and set at a level at which it was calculated that the couple would not have any recourse to public funds. The income required has remained at the same level since then.

So what has been announced?

In response to growing unease within government as to the level of net migration, the Home Secretary announced a series of steps the government would be taking to reduce legal migration to the UK, to come into force in spring 2024. While most of these measures relate to people coming to the UK for work (principally, health and care workers) the announcement also included a reference to more than doubling the minimum income requirement for family visas to £38,700.

While an increase in the minimum income requirement from the level set in 2012 is not completely unexpected as a means of continuing to meet the aim that family visa holders should not be a burden on the taxpayer, such a significant increase has come as quite a surprise. According to the Bank of England's inflation calculator, had the minimum income requirement been increased in line with the Consumer Price Index then based on today's prices it would only have increased to £25,560.

The new figure is even higher than the median annual earnings for full-time employees in the UK, which for 2023 is £34,963. This means that the majority of British citizens would not be able to meet this requirement in the event they make the mistake of falling in love with a foreigner. The situation is even worse for people living outside of London, women, and men under the age of 30 or over the age of 60, with each of those groups having median salaries below the proposed new threshold. And the impact of the new threshold will felt more keenly by workers in some sectors, including education, manufacturing, healthcare, arts and entertainment and hospitality, each of which have median salaries below £38,700.

What about family members who are already in the UK?

Since the Home Secretary's announcement there has been some confusion over whether the increased salary threshold will be applied to people who already hold spouse and partner visas. The day after the Home Secretary's announcement, the Prime Minister's spokesman confirmed to reporters that while a couple's income would not need to increase immediately upon the new policy coming into force, they would need to meet the new minimum income requirement when the time came to renew the visa. Three days later, the Home Office media blog rowed back slightly from that position, confirming 

We are establishing the specifics of the policy, including how it will apply to those renewing visas, and will confirm more details in due course.

And then on 13 December, just 9 days after the Home Secretary's announcement, another government minister appeared to suggest in a radio interview that the new threshold would not be applied to couples who have already been granted a spouse or partner visa and are applying to extend their stay in the UK.

Clearly there is lots of confusion and uncertainty over the new policy, including from those responsible for it. This is incredibly unhelpful for couples and families, including those who are already in the UK and those hoping to begin their lives together in the UK in the near future.

 For assistance with applications for spouse and partner visas, or any other immigration issue affecting you or your family, please contact Talitha Degwa in our immigration team on 07384 813 082 or by completing the form below.