In our recent post – The price tag on love – we reviewed the announcement of the 4th December from the Home Secretary which introduced changes to UK Spouse and Partner Visas, designed to reduce legal migration to the UK. This included a minimum threshold increase for UK spouse Visa requirements under Appendix FM from £18,600 to £38,700, which is set to come into effect in Spring 2024.

Three weeks later, a further announcement followed which sought to calm concerns, indicating that the minimum income levels for families would be introduced incrementally, with the initial increase schedule for Spring 2024 rising to £29,000 and not the £38,700 as originally announced.

The announcement further confirmed that the plan is to move the income levels to an interim increase of £34,500 with a final increase still planned to the £38,700 figure, being the level at which the General skilled worker threshold is set on the new plans. It is understood that this final increment will come into effect in 2025 but the full timetable for changes to UK spouse Visa financial requirements has yet to be confirmed.

It was also confirmed that there will no longer be a separate child element to the minimum income requirement, 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.

Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income threshold and will not be affected by new UK spouse Visa financial requirements This will also be the case for children seeking to join or accompany parents.

Anyone granted a fianc(é)e visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.

Those already in the UK on a different route who apply to switch into the five-year partner route, after updated UK spouse Visa requirements have been rolled out, will be subject to the new conditions.

Therefore whilst this second announcement from the Home Secretary and effective u-turn is welcome for families considering relocation to the UK, in such a period of uncertainty, it is advisable to make an application prior to Spring 2024 to avoid being impacted by changes to UK spouse Visa financial requirements.

Please contact our Immigration team for assistance.