Spouse & Partner Family Visa Financial Requirement

Navigating the intricate landscape of UK immigration law can be a daunting task, especially when it comes to meeting the stringent UK Partner Visa financial requirements. Applicants seeking entry clearance or leave to remain as a partner (spouse, civil partner, unmarried partner, or fiancé(e)), must provide evidence of an annual income of at least £29,000, known as the minimum income requirement.

Ways of Meeting the Partner & Family Visa Financial Requirement

The UK Partner Visa financial requirement can be satisfied in a variety of different ways. The Home Office guidance categorises income sources from Category A-G. Interestingly, these categories are not explicitly referenced in the actual rules. However, they provide clarity on how each source of income is calculated.

Category A: Employment for more than 6 months

To rely on Category A the sponsor (or applicant if they are in the UK with permission to work) must have been employed by their current employer throughout the 6-month period prior to the date of application. Income from either salaried or non-salaried employment can be used to meet the financial requirement.

• Salaried Employment refers to work paid at a fixed annual rate, typically subject to a contractual minimum number of hours.
• Non-salaried Employment includes work paid at an hourly rate or another variable rate, where the income may vary depending on the number of hours worked or the nature of the work undertaken.

In this category, you must submit six months of payslips, an employer’s letter verifying your employment details (start date, type of employment, salary), and corresponding bank statements.

Category B: Employment for less than 6 months

Alternatively, suppose you or your sponsor have worked for less than 6 months in either salaried or non-salaried employment, or have not earned the required income level for at least 6 months before the application date. In that case, you can rely on category B. For this category, the gross annual employment income at the application date and the actual salary received in the 12 months prior must exceed £29,000. Unlike category A, the evidence provided must cover the 12-month period leading up to the application date.

Category C: Non-employment income 

Non-employment income from specified sources such as rental Income, regular dividends from investments and Interest from savings can also be used to meet the minimum income requirement.

Category D: Cash Savings 

Savings can be used to offset the income requirement. As of April 11, 2024, the required amount of savings to meet the financial requirement without employment income is £88,500. If your savings fall below this amount, you can still use them partially, provided they exceed £16,000, and compensate for the shortfall with other acceptable sources of income.

Savings must be held by the applicant, their partner or the couple jointly in a personal bank account or savings or investment account, provided the funds can be accessed immediately (with or without penalty). Savings must be held for at least 6 months prior to the date of application.

You will need to provide personal bank statements showing that the cash funds have been held throughout the period of 6 months prior to the date of application and that the level of funds has not dropped below the required amount.

Pensions: Category E

Income from both state and private pensions can be considered. This provides a reliable source of funds, especially for sponsors who are retired or approaching retirement age. Unlike the other categories, pension only needs to have become a source of income at least 28 days before the date of application. Official documentation from: Department for Work and Pensions or other relevant government department confirming the pension entitlement and amount.

Self-employment and directorships: Categories F and G

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is either the director or employee (or both) of a specified limited company in the UK, at the date of application, they can use income from the last full financial year or the average of the income received over the last two full financial year to meet the financial requirement. Therefore, you must have at least one full financial year as self-employed, or as director/employee of a specified limited company to be able to rely on this category.

Partner Visa Financial Requirement Exemptions

In certain situations, the financial requirement may be waived. If the sponsor receives specific benefits or allowances in the UK, such as Personal Independence Payment (PIP) or Carer’s Allowance, the couple only needs to pass the adequate maintenance test.

Adequate Maintenance

It can be difficult for most of the applicants to understand the meaning of adequate maintenance requirement. Simply put, the sponsor and the applicant have to demonstrate that they can maintain and accommodate themselves and any dependents in the UK without recourse to public funds.

Adequate maintenance does not have a fixed amount as it varies case by case. However, your income must equal or exceed the income support level that a comparable British family of the same size would receive. You need to provide official documentation from the Department for Work and Pensions (or another relevant agency) confirming your benefit entitlement and the amount received. Additionally, personal bank statements showing the benefit payment deposited into your account is required.

While it is possible to meet the £29,000 financial requirement by combining certain categories, it is important to understand that not all categories can be combined. It is advisable to seek expert advice from immigration specialists before proceeding with your application.

How BAYA Immigration can help

We offer Partner visas on a no-win, no-fee basis to give you the confidence that your application will be granted. If it’s not granted, we refund the whole of our legal fee.

If you need guidance on meeting the financial requirements for your partner visa, we encourage you to contact one of our specialists for a free consultation. Our team is here to offer tailored advice and support to help you navigate the visa application process effectively.

Wesal 12.07.2024