UK Spouse Visa New Rules 2024: Key Changes Explained

UK Spouse Visa New Rules 2024

IN THIS SECTION

The minimum income threshold required for spouse visa applications was increased in 2024, with further uplifts potentially following in 2025.

The UK spouse visa, also known as the UK partner visa, allows British citizens and settled individuals in the UK to bring their foreign partners to live with them.

Applicants must meet specific eligibility criteria, including proving their relationship’s genuineness and stability, as well as satisfying strict financial requirements.

In this guide, we set out the changes and what these mean for spouse visa applicants. We also update on the proposed timelines for further future increases.

Read our extensive guide to the Uk Spouse Visa here >>

 

Section A: Overview of the New Rules in 2024

 

On 4 December 2023, the UK’s then-Conservative government announced significant changes to the spouse visa minimum income requirement. The changes formed part of a broader strategy to align family visa income requirements with those of skilled worker visas.

 

1. Increase in Spouse Visa Minimum Income Threshold 2024

 

Initially, the plan was to increase the threshold from £18,600 to £38,700 by spring 2024. However, on 21 December 2023, the government revised this approach, opting for a phased implementation.

The UK government had planned to implement the changes to the minimum income requirement in stages. The threshold was increased to £29,000 for applications made on or after 11 April 2024.

The change in threshold applies to first-time spouse visa applications from 11 April 2024. It also applies to those already in the UK on a different route who are applying to switch into the five-year partner route after this date.

It does not apply to spouse visa extensions, which are instead subject to specific transitional arrangements.

 

2. Transitional Rule

 

For those who, before 11 April 2024, already held a family visa within the fiancé(e) or proposed civil partner or five-year partner route or who applied before 11 April 2024, transitional rules apply. This means that once the relevant minimum income requirement has been met, that same threshold must be met in extension and settlement applications on the route, provided the applicant is applying to stay on the basis of the same relationship with the same partner.

 

3. Future Changes to the Spouse Visa Threshold

 

Further incremental uplifts were also put forward by the Conservative Government in December 2023, with an increase to £34,500 proposed for later in 2024 and finally, by early 2025, the minimum income requirement was to reach £38,700. This final increase would align the spouse visa threshold with the general threshold for Skilled Worker visa applicants.

However, following the General Election in July 2024, the new Labour government announced that the Migration Advisory Committee (MAC) would review the spouse visa income threshold, holding the current threshold at £29,000 pending the review’s completion and the MAC’s recommendations.

As such, any additional increases beyond the current £29,000 threshold remain uncertain until the review concludes and the government issues further guidance.

 

4. Removal of Separate Child Maintenance Requirement

 

Alongside the increase in the overall threshold, the government also removed the separate child element to the minimum income requirement.

The Home Office stated this was “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.”

 

Section B: UK Spouse Visa Requirements

 

The UK spouse visa comes under the family visa category. It’s a type of immigration permission granted to foreign nationals who are married to or in a civil partnership with a British citizen or a person settled in the UK.

The primary purpose of this visa is to allow couples to live together in the UK, ensuring that families can maintain their relationships despite international borders.

The spouse visa is typically granted for an initial period of 30 months, after which holders may apply for an extension or seek Indefinite Leave to Remain (ILR) if they meet certain criteria.

To qualify for a UK spouse visa, both the applicant and their partner must meet specific eligibility criteria set by the UK Home Office.

Key requirements include:

 

a. Relationship Status

The couple must be legally married or in a civil partnership that is recognised in the UK. Unmarried partners who have lived together for at least two years may also qualify.

 

b. Genuine Relationship

Applicants must demonstrate that their relationship is genuine and subsisting. This is typically supported through various forms of evidence, such as joint bank statements, photographs, communication records and witness statements.

 

c. Minimum Age

Both partners must be at least 18 years old at the time of application.

 

d. Financial Requirement

The UK partner must meet a minimum income threshold, currently set at £29,000 per year for applications made after 11 April 2024. This is to ensure families can financially support themselves without relying on public funds.

 

e. English Language Proficiency

The applicant must demonstrate proficiency in the English language, typically by passing an approved language test or by being a national of a majority English-speaking country.

 

f. Accommodation

Applicants must show that they have adequate accommodation available for themselves and their dependents upon arriving in the UK.

 

Section C: Meeting the Spouse Visa Financial Requirement

 

Applicants must provide extensive evidence to prove they meet the relevant minimum financial threshold. While in most cases, the requirement is typically met through employment income alone, those who do not meet the income requirement have alternative options.

The financial requirement can also be met using a combination of income sources, such as using savings or qualifying under exceptional circumstances, as long as these are well-documented and verifiable. These provisions remain unchanged under the new rules.

 

1. Do Both Partners’ Incomes Count?

 

When applying for an initial spouse visa from outside the UK, only the income of the sponsoring partner (i.e. the British citizen or UK-settled person) is considered to meet the minimum income threshold.

However, for visa extensions and applications for settlement, the incomes of both partners can be combined.

 

2. Financial Documentation or Evidence

 

In line with the increased minimum income requirement, applicants must provide detailed financial documentation to demonstrate their income sources. This may include:

 

a. Bank statements from at least the past six months

b. Proof of employment or self-employment, such as contracts or business registration documents

c. Tax returns and pay slips for the past six months

 

3. Employment Income

 

If the sponsoring partner is employed in the UK, their salary can be used to meet the income requirement. The sponsor must have been continuously employed with the same employer for at least six months before applying. The gross annual salary must total at least £29,000. For sponsors who have not been employed for six months, it is still possible to qualify by demonstrating that they earned at least £29,000 over the past 12 months, even if this income came from multiple jobs.

To verify this, applicants need to submit six months of pay slips and corresponding bank statements showing that the salary has been regularly deposited. Additionally, an employment contract or a letter from the employer confirming the job role, salary, and length of employment, as well as the most recent P60 form, will be required.

 

4. Self-Employment Income

 

For sponsors who are self-employed, meeting the income requirement can be more complex but is still achievable. The sponsor needs to demonstrate their income over the past full financial year, which typically runs from April to March. The income reported must total at least £29,000 after business expenses are deducted.

To prove this, sponsors should provide certified tax returns (SA302 forms) for the most recent financial year, accompanied by a statement of accounts from an accountant. Additionally, bank statements showing business income, along with invoices, receipts, and proof of registration with HMRC, will be necessary.

 

5. Savings

 

If the sponsor does not meet the income threshold through employment or self-employment, cash savings of over £16,000 can be used to supplement the income shortfall or use savings alone if necessary.

Only savings above £16,000 are counted, with the amount over this limit divided by 2.5 to calculate its contribution towards the income requirement.

For those who do not have any other income sources, meeting the threshold entirely through savings would now require a lump sum of £88,500. This calculation accounts for the need to cover the equivalent of 2.5 years’ worth of income at the new rate.

Savings can be held by the applicant, the applicant’s partner, jointly or by a child dependent relative over the age of 18.

Applicants must ensure that the required savings have been held in their account(s) continuously for at least six months before submitting their visa application. This period is used to demonstrate financial stability and ensure that the funds are readily available.

Supporting evidence, such as bank statements and a letter from the bank confirming the account details, will be required to prove that the savings meet the criteria.

 

6. Combining Multiple Income Sources

 

Sponsors are allowed to combine different sources of income to meet the £29,000 requirement, such as employment income, self-employment earnings, savings, and even rental income from properties owned either in the UK or abroad. This will require evidence for each income source, along with a detailed explanation of how the combined amounts meet the required threshold.

 

7. Other Acceptable Sources of Income

 

Additional sources, such as rental income, dividends from investments or pension income, can also be used to meet the financial requirement. For example, retired sponsors can rely on their pension income, while those with investment portfolios may use dividends.

In these cases, applicants will need to present proof of ownership, such as property deeds or investment statements, along with tax documents and bank statements reflecting these earnings.

 

Section D: Impact of the Increased Spouse Visa Threshold

 

The increase reflected the government’s intention to prioritise financial independence and self-sufficiency among visa applicants.

The UK Government cited a number of reasons for the increase in the minimum income threshold.

The UK has seen a general rise in the cost of living, particularly in housing, utilities, and daily expenses. The government aims to ensure that visa applicants can maintain a reasonable standard of living for themselves and their families.

By raising the income threshold, the Home Office seeks to minimise the likelihood of new arrivals relying on state benefits or public assistance. This aligns with broader governmental objectives of promoting financial independence and self-sufficiency among immigrants.

Ensuring that applicants meet higher income standards is also a measure to maintain economic stability within the UK, as financially stable families are less likely to face financial crises that could lead to a burden on public resources.

However, the higher threshold for the spouse visa is expected to have wide-ranging implications.

 

1. Implications for Applicants

 

The increased minimum income threshold has several implications for prospective applicants.

Many couples may now find it more challenging to meet the financial requirement, particularly those with lower incomes or in industries that have not kept pace with inflation. This could lead to a greater number of applications being denied on financial grounds, and fewer overall applications for spouses and partners as those who are no longer eligible simply won’t apply.

For couples where one partner is not working or earning significantly less, this increase may affect family dynamics and future decisions regarding employment, education, or childcare. Families may need to reassess their situations and make significant changes to comply with the new requirements.

Applicants will need to engage in careful financial planning to ensure they can meet the new threshold. This may involve seeking higher-paying employment, taking on additional work or finding alternative sources of income.

With notable scrutiny on financial evidence, applicants may also experience longer processing times as the Home Office reviews applications more thoroughly to ensure compliance with the new income standards.

The stress of navigating these changes can also take an emotional toll on couples, particularly those who may have already faced lengthy application processes. The uncertainty surrounding their immigration status may impact their overall well-being and relationship stability.

 

2. Implications for Couples in Different Income Brackets

 

The increase in the minimum income threshold creates distinct implications for couples across various income brackets:

 

a. Higher-Income Couples

Couples whose incomes comfortably exceed the new threshold may find the changes relatively straightforward. However, they still need to ensure that their income documentation meets the requirements, which may include increased scrutiny by the Home Office.

 

b. Middle-Income Couples

Couples in this bracket may need to reassess their financial strategies. They might consider pursuing additional employment opportunities or finding alternative sources of income to meet the new threshold. This could necessitate significant lifestyle adjustments to improve their financial standing.

 

c. Low-Income Couples

Couples whose incomes are at or below the new threshold face the greatest challenges. They may need to explore options such as securing a higher-paying job, combining incomes from both partners (if one is not currently employed) and seeking financial support from family or friends to supplement their income.

Low-income couples might also consider alternative pathways to immigration or reconsider their plans if they find it impossible to meet the financial requirements.

 

3. Potential Challenges for Applicants Meeting the New Income Requirement

 

The increased minimum income requirement presents several challenges for applicants:

 

a. Financial Verification and Documentation

Applicants must provide extensive documentation to verify their income. This process can be cumbersome and stressful, especially for those with irregular income streams or multiple sources of income. The need for clear and detailed financial records may pose difficulties for applicants who are self-employed or work in cash-based jobs.

 

b. Job Market Conditions

The ability to secure a higher income may be hampered by external factors such as economic conditions and job market availability. Couples may struggle to find suitable employment that meets the new income requirements, especially in areas with high unemployment rates or limited job opportunities.

 

c. Increased Pressure on Relationship Dynamics

The financial strain of meeting the new income threshold can lead to increased stress within relationships. Couples may experience anxiety about their financial futures, potentially leading to conflicts and affecting their overall relationship satisfaction.

 

d. Time Constraints and Application Delays

The need to gather additional financial documentation may extend the application process, leading to longer waiting times. Applicants may face delays in securing their visas, which can have immediate implications for their personal and professional lives.

 

e. Access to Legal and Financial Advice

Navigating the new rules effectively often requires access to legal and financial advice. Not all applicants may have the resources or knowledge to seek such guidance, making it challenging for them to understand and comply with the new requirements.

 

Section E: Tips for Applicants Under the New Rules

 

The following may help applicants approach the new rules for their application:

 

1. Thoroughly Review the Updated Guidelines

 

Before beginning the application process, applicants should familiarise themselves with the latest guidelines and requirements outlined by the UK Home Office. This includes understanding the new income threshold, as well as the required documentation and the application process.

 

2. Create a Checklist

 

To stay organised, applicants should create a checklist of all necessary documents and evidence needed for their application. This can help ensure that no crucial information is overlooked and that all required materials are submitted correctly.

 

3. Document Everything

 

It’s essential to gather comprehensive evidence of the relationship and financial situation. Applicants should keep records of:

 

a. Joint financial commitments (like bank statements and shared bills)

b. Correspondence that reflects the authenticity of the relationship (such as messages, photos, and travel receipts)

 

4. Plan Financially

 

Given the increase in the minimum income requirement, applicants should carefully assess their financial situation. This may involve evaluating existing income sources and considering options to increase income, such as additional employment or side jobs, and reviewing the potential for joint income if both partners are working.

 

5. Prepare for Potential Interviews

 

Applicants may be required to attend an interview as part of the application process. It’s beneficial to prepare by discussing possible questions with your partner and ensuring both individuals can articulate their relationship clearly and honestly.

 

6. Use Resources

 

The UK government provides a range of online resources to assist applicants. The official Home Office website includes detailed guidance on financial requirements, required documentation, and application procedures. Applicants should regularly check for updates or additional resources.

There are various online calculators available to help applicants determine their eligibility based on income. These tools can assist in assessing whether current income meets the new threshold, taking into account multiple sources of income.

Using budgeting tools or financial advisors can help applicants create a realistic financial plan to meet the new income requirements. These professionals can provide tailored advice on managing finances effectively and exploring ways to increase income.

Various websites and forums offer templates and examples of the types of documents needed for the spouse visa application. These can guide applicants in organising their evidence more effectively.

Joining forums or community groups focused on UK immigration can provide applicants with valuable insights and shared experiences. Engaging with others who have gone through the process can offer practical tips and emotional support.

 

Section F: Summary

 

In 2024, the UK government introduced new changes to the spouse visa minimum income threshold, impacting those applying to bring their non-UK partners into the country.

From 11 April 2024, the spouse visa income requirement increased from £18,600 to £29,000 per year for sponsors. Further increments may follow, depending on the outcome of the MAC’s review into threshold levels.

The new income threshold is designed to account for rising living costs in the UK and to align family visa requirements more closely with those of skilled worker visas. For applicants, this means a higher bar for eligibility, which may require some to rethink their financial planning.

Following the new rules, it has become even more important for applicants to gather robust financial documentation and, where necessary, seek advice to strengthen their application under the updated rules.

 

Section G: Need Assistance?

 

For expert guidance on a UK spouse visa application, speak to our immigration specialists.

 

Section H: FAQs

 

What is the current income threshold for a UK spouse visa?
The current minimum income threshold for a UK spouse visa is set at £29,000 per year as of spring 2024. This applies if you are sponsoring your spouse from outside the UK.

 

Can I include my partner’s income to meet the financial requirement?
If you are applying for the initial spouse visa from outside the UK, only the sponsor’s income can be considered. However, for extensions or applications for Indefinite Leave to Remain (ILR), the incomes of both partners can be combined to meet the threshold.

 

Are there alternatives if I do not meet the income requirement?
If you do not meet the minimum income threshold, you may still qualify by using savings of over £16,000 or by demonstrating exceptional circumstances, which might exempt you from the standard financial requirements.

 

What types of income can be used to meet the threshold?
You can use various types of income, such as salaried employment, self-employment, rental income, dividends from investments, and pensions. It is crucial to provide detailed documentation to support any claimed income.

 

How can I prove my income if I am self-employed?
Self-employed sponsors must provide certified tax returns (SA302 forms), bank statements, a statement of accounts from an accountant, and proof of registration with HMRC. The income must be shown over the most recent financial year.

 

Can savings be used to meet the financial requirement?
Yes, savings over £16,000 can be used to cover any shortfall in income. You will need to show that you have held at least £62,500 in cash savings for a continuous period of six months if you are using savings alone.

 

Do I need to take an English language test?
Yes, applicants must demonstrate their proficiency in English, either through an approved English language test or by providing proof of nationality from a majority English-speaking country.

 

What documents are needed to prove my relationship is genuine?
You should provide evidence such as joint bank statements, photographs together, travel receipts, communication records, and any shared financial commitments to prove that your relationship is genuine and ongoing.

 

How long does it take to process a spouse visa application?
The standard processing time for a UK spouse visa is approximately 12 weeks. However, you can opt for priority processing, which may speed up the process for an additional fee.

 

What should I do if my visa application is refused?
If your application is refused, you may be able to appeal the decision. It is highly recommended to seek advice from an immigration solicitor to understand your options and increase your chances of a successful appeal.

 

Can I apply for an extension once I am in the UK?
Yes, once you are in the UK, you can apply for an extension of your spouse visa if you still meet the financial and other requirements. Extensions are typically granted for an additional 30 months.

 

Will the new government changes affect future income thresholds?
Currently, the income threshold is set at £29,000, but further increases have been proposed. It is advisable to keep an eye on updates from the UK government as policies may change.

 

Section I: Glossary

 

Term
Definition
Sponsor
The UK-based partner who supports the visa application for their non-UK spouse.
Spouse Visa
A type of visa that allows a foreign national to live in the UK with their British or settled spouse.
Minimum Income Threshold
The minimum annual income that the sponsor must earn to qualify for a spouse visa, set at £29,000 from spring 2024.
Extension
A renewal of the initial spouse visa, allowing the applicant to continue living in the UK with their partner.
Permanent Residence
Also known as Indefinite Leave to Remain (ILR); allows an individual to live in the UK without time restrictions.
Self-Employment Income
Income earned from running a business or working as a freelancer, used to meet visa financial requirements.
Savings Requirement
The amount of cash savings that can be used to offset income shortfalls, set at £16,000 or higher.
Exceptional Circumstances
Situations where applicants may be exempt from meeting the standard income threshold due to specific hardships.
Supporting Documents
Evidence submitted with a visa application to prove eligibility, such as bank statements, pay slips, and tax returns.
Financial Requirement
The obligation to demonstrate sufficient income or savings to support the visa applicant without public funds.
Proof of Relationship
Evidence required to show that the marriage or partnership is genuine, such as photos, communication logs, and travel history.
Bank Statements
Financial records used to demonstrate regular income deposits and savings.
P60 Form
A summary of an employee’s pay and tax deductions for a given tax year in the UK.
SA302 Form
A form from HMRC that shows a summary of self-employed income for a tax year.
Priority Processing
An optional, faster processing service available for visa applications, subject to an additional fee.
Health Surcharge
An additional fee that applicants must pay to access the NHS during their stay in the UK.
Appeal
The process of challenging a refusal decision made by the UK Home Office regarding a visa application.
Genuine Relationship
A legal requirement for demonstrating that a couple’s relationship is real and ongoing.
Documentation
The collection of papers and evidence needed to support a visa application.
Immigration Solicitor
A legal professional who specialises in immigration law and assists with visa applications.

 

Section J: Additional Resources

UK Government Family Visa Information
https://www.gov.uk/uk-family-visa
The official UK government guide detailing eligibility criteria, application procedures, and requirements for family visas, including spouse visas.

 

Financial Requirement Guidance
https://www.gov.uk/government/publications/financial-requirement-caseworker-guidance
Comprehensive guidance on the financial requirements for spouse visa applicants, including acceptable income sources and necessary documentation.

 

English Language Requirements
https://www.gov.uk/english-language
Information on the English language proficiency standards required for visa applicants, including approved tests and exemptions.

 

Approved English Language Test Providers
https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt
A list of approved providers for Secure English Language Tests (SELT) necessary for visa applications.

 

Immigration Rules: Appendix FM
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
The official immigration rules pertaining to family members, outlining the legal framework for spouse visa applications.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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