UK Partner Visas: How to Meet the Financial Requirement

A partner visa is an immigration route that allows spouses, unmarried partners, fiancé(e)’s, proposed civil partners and civil partners of British citizens, Irish citizens, pre-settled holders under Appendix EU, Turkish Businessperson holders, Turkish worker visa holders, refugee status holders, humanitarian protection holders and permanent residents (sponsors) who are both present and settled to live in the United Kingdom.

However, there are various immigration conditions, including financial, accommodation, relationship and language requirements that must be met to qualify. One of the most critical aspects of the application process is the financial requirements piece, as the applicant must demonstrate that they can be adequately maintained in the UK without recourse to public funds.

There are two parts to this requirement: accommodation and a specified level of income or savings, and this blog explores the latter.

There is often a general misconception that meeting the financial requirements primarily hinges on a specific income threshold. While a minimum income through employment is indeed a commonly relied-upon, it is not the sole route. The financial requirements can be satisfied through various means, such as employment income, self-employment, non-employment, cash savings, pension income or through a combination of some of these.

Minimum income threshold

The minimum income threshold for a partner visa is £18,600 per annum. It must be demonstrated at each stage of the application: initial, extension and indefinite leave to remain.

This threshold increases if there are non-British children who are also applying for visas at the same time as the applicant’s parent or later. The threshold increases by £3,800 for the first child, and then by a further £2,400 per child for any additional children.

Each source of income category available to meet the minimum income requirements as per the immigration guidance which categorizes them in alphabetical letters is outlined below.

Categories A & B: Employment income

These categories relate to salaried and non-salaried employees and their variable income received from employment on the part of the sponsor and the applicant. It should be noted, however, that the applicant’s income cannot be considered under this section unless the applicant is already in the UK with permission to work and is applying to extend or switch visa categories.

Employment income typically needs to be evidenced over the past six months to a year depending on the fact pattern and the employment should be ongoing. Where the sponsor is overseas and returning to the UK, they must have a confirmed job offer starting within three months of their return.

Category C: Passive/non-employment income

Applicants can use passive income sources to meet the financial requirements. These include income received from property, investments, savings, specified government allowances and/or pay-outs from various schemes (such as maintenance payments resulting from divorce proceedings, study grants, insurance policies, legal settlements and royalties).

Category D: Cash savings

This tends to be the first choice for clients with sufficient means or self-employed clients, as this category requires the least documentary evidence, and the funds can be in the applicant and/or sponsor’s names regardless of where the application is submitted.

There is also flexibility for applicants to use a combination of income sources and cash savings, as this category can be combined with categories A and B. Any savings above the £16,000 threshold can contribute towards the income threshold required and make up any shortfalls. If there is £62,500 in savings, the amount can also be used as the sole means of meeting the financial requirement. The cash savings threshold is less at the indefinite leave to remain stage.

Category E: Pension income

Applicants can rely on their own (or their sponsor’s) gross annual income from any state pension (UK or foreign), occupation pension or private pension.

Unlike other categories where income or savings must be evidenced for six months to one year, the pension income must only become a source of income at least 28 days preceding the date of the application. This makes the process a bit simpler for pension-based applicants.

Categories F & G: Self-employment income, or income from a specified limited company in the UK

This category applies to those seeking reliance on income received in the capacity of sole traders or partners in a franchise and from a specified limited company in the UK.

For those who are self-employed, the most crucial aspect of this requirement is that the level of income that can be used is the gross taxable profits of the business in the last financial year. For individuals earning income from a specified limited company in the UK, the income that can be used is the salary/dividends received during the company’s accounting year for tax purposes. If applicants have earned income during two financial years and wish to use the average of the income received in both years, this is permissible.

This is the most document-heavy category under the rules where guidance and liaising with the sponsor’s accountant are often needed.

Looking ahead

The UK Home Secretary recently announced that the financial requirement for family applications will increase from £18,600 to 29,000 down from a proposed £38,700.

This change is expected to take effect in the spring of 2024, and Fragomen professionals are closely monitoring the situation for further updates.

Need to know more?

The financial requirements for a UK partner visa can be challenging, especially if any earned income or savings fall short of the minimum thresholds. However, with careful preparation, documentation, guidance on alternatives and adherence to the immigration rules, it is possible to meet these requirements.

Fragomen has extensive experience in all aspects of UK immigration law. For queries on partner visas, please contact Associate (Solicitor) Zarmina Mahmood at [email protected].

This blog was published on 28 December 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.