Get financial ducks in row for partner visa

◆ Jack Freeland on immigration rules changes to minimum income threshold

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 cashsavingswillincreasefrom £62,500 to £88,500.

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 should consider making their visaapplicationbefore11april 2024 to beat the changes.

The minimum income requirement can be met by relying on income from employment, selfemployment, 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 foreignapplicantisalreadyliving in the UK with permission to work, only the British partner’s income can be used.

For employment, the standard position relies on income fromthesameemployerforat least six months. The requirementcanalsobemetbyshowing gross earnings above the threshold from multiple employers over 12 months, or with the same employer for less than six months if the applicantcanshowgrossearningsabovethethresholdovera 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 returnsmustbeprovidedwith the application and may have tobefiledearlierthanplanned.

When relying on income fromallothersources,income from both the applicant and their partner will count towards the requirement. Cashsavingsnormallyneedto have been held for at least six monthsunlesstheyhavebeen generatedbythesaleofinvestment or property assets. Pension income and other nonemployment 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 twoyearsofrelationship similar to marriage. Partners will still be expected to start cohabiting together when the application is granted unless there is a good reasonpreventingthemliving 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 citizenswiththeexistingrulesfor unmarried partners of other visa holders.

Meeting the minimum incomethresholdforaspouse/ 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 carefullyorseeklegaladvicebefore applying.