UKVI makes further changes to the family route

A significant number of changes were announced on 4 December 2023 that will affect immigration categories and are expected to come into effect this spring. One of the changes announced was the intention to increase the minimum salary requirement for partner (spouse) visas under appendix FM from £18,600 per annum to £38,700 per annum.

Following this announcement, many current visa holders and new applicants were concerned about the implications of this drastic increase. The Migration Observatory set out some striking figures in relation to salaries, the commented that 70% of UK employees earn less than the new salary minimum. Previously, approximately 25% of UK employees earned less than the salary requirement.

The financial requirement has always been a topic of concern as too has been its compatibility with the Human Rights Act 1998.

Government clarification

However by the 21 December 2023, the government announced further clarification on their previous announcement and published further information that the salary threshold for partner visas would only increase to £29,000 in the spring of 2024 and then steadily increase to £38,700 within one to two years. The exact dates are yet to be confirmed.

In addition, the government confirmed that it will remove the separate child element (which essentially would have increased the figure further) “to ensure that British nationals are not treated less favourably than migrants who are required to meet the General Skilled Worker threshold as a flat rate, regardless of any children being sponsored”.

Clarification was also provided to those already on a family visa within the five-year partner route, including those who apply before the threshold is increased “will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold”.

What to do next

Those already in the UK in a different immigration route will not be exempt from the new financial requirement if they wish to switch their visas (to a spouse or partner visa) after the new threshold has been introduced.

For those wanting to apply it would be best that they review the situation and look at making an application as soon as possible, especially if it is believed that the new financial threshold will not be reached.

Those coming up to indefinite leave to remain should prepare ahead of time – such as the English language and "life in the UK" tests – to ensure that the requirements are met.

Osborne Clarke comment

Being moved to a 10-year route would mean an increase in government costs, as more applications are needed to bring you up to 10 years. It would also mean that an additional immigration health surcharge and the application fees would need to be paid. It is recommended that spouses check their visas, expiries and entitlement to indefinite leave to remain early and carefully.

Please contact our team for detailed assistance in this regard.