Education
What are the financial requirements for UK spouse and partner visas?
Financial requirements for UK spouse and partner visas: The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be provided to prove that the income is genuine.
There are two financial requirements for spouse and partner visas: a minimum income requirement and an adequate accommodation requirement. We will focus solely on the minimum income requirement here.
The information you need to understand the minimum income requirement is spread across three sources: Appendix FM, Appendix FM-SE, and the accompanying Home Office policy guidance.
The “FM” in Appendix FM stands for “Family Migration”. This sets out the rules governing several different categories of family application. The spouse and partner visa application rules are found under the heading “Family life with a partner”.
Appendix FM-SE stands for “Family Migration – Specified Evidence”. It contains another set of rules that specify the format of supporting evidence and, importantly, stipulate how different types of income are calculated.
Perhaps the most helpful document is the Home Office’s accompanying policy guidance. It provides useful worked examples to demonstrate how the financial requirement works with different types of income.
We will consolidate these sources here in summarising the financial requirements for spouse and partner visa applications.
What is the minimum income threshold?
Broadly, the best way to approach this is to first establish what your minimum income requirement is (because children push it up). Then, you need to establish whether you can provide sufficient evidence to prove that you meet that requirement.
For those applying under Appendix FM as a partner for the first time on or after 11 April 2024, the minimum income requirement is £29,000. This threshold does not increase if there are also children applying.
Pre-11 April 2024 position
For those who were already in this route before 11 April 2024, Appendix FM stipulates a minimum income requirement for a partner applying with no children is £18,600. The threshold becomes higher if the applicant is including dependent children in the application.
In this context, a dependent child means any non-British or settled person under the age of 18 years, or who was under the age of 18 when they first applied for a visa under Appendix FM. The threshold increases by £3,800 for the first child, and then by a further £2,400 per child for additional children, to a maximum of £29,000 so that it does not exceed the post-11 April 2024 threshold.
| Number of children | Minimum income threshold |
|---|---|
| Partner with no children | £18,600 |
| 1 child in addition to the partner | £22,400 |
| 2 children in addition to the partner | £24,800 |
| 3 children in addition to the partner | £27,200 |
| 4 children in addition to the partner | £29,000 |
Income categories
The Home Office guidance categorises each source of income from Category A-G. Confusingly, there is absolutely no reference to these categories in the actual rules. The categories are helpful to understand how each permitted source of income is calculated:
Categories A and B: Salaried and non-salaried employment.
Category C: Non-employment, such as property rental income and investment income.
Category D: Cash savings.
Category E: Pension income.
Categories F and G: Self-employment income or income from directorship/employment of a limited company.
Some income categories can be combined to reach the minimum income threshold, but others cannot.
Salaried and non-salaried employment: general rules
The sponsor’s income from salaried or non-salaried employment can be used to meet the financial requirements for entry clearance applications. The applicant’s employment income can only be used in leave to remain or indefinite leave to remain applications, where they are already in the UK with permission to work.
Salaried employment includes work paid at a minimum fixed rate (usually annual), which is normally subject to a contractual minimum number of hours worked. Non-salaried employment includes work paid at an hourly or other rate or paid an amount which varies according to the work undertaken.
For both salaried and non-salaried employment income, it is the gross income that is relevant, i.e. the income before tax.
It is possible to rely on employment income from outside the UK as well as inside the UK, for example where a sponsor works offshore. Those relying on employment income from outside the UK should be wary as they must still meet the requirement at paragraphs E-ECP.2.10 and E-LTRP.1.10 of Appendix FM that they intend to live together permanently in the UK. Working overseas could be an indicator that they do not intend to live permanently in the UK and so this scenario may need supported with extra evidence.
Employment income is calculated differently depending on how long the person has been employed and the requirements differ depending on whether the sponsor is in the UK already or returning to the UK with the applicant after a period living abroad.
With current employer for at least 6 months: Category A
Applicant and/or sponsor in the UK: Category A
Category A is one of the simplest ways to meet the income requirement. 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 months before the date of application.
For salaried employment, the person must have earned a gross annual salary above the minimum income threshold throughout the full 6-month period. This is significant when someone has received a pay rise at some stage in the 6 months.
Example
Jack has been working as an administrator for two years. He wants to bring his partner Sam to the UK.
Jack has earned £28,000 for the past two years, but three months ago he was promoted and started earning £30,000. Although, at the date of application, Jack is paid a gross annual salary above £29,000, he cannot meet the minimum income requirement under Category A as he has not been paid at this level for 6 months. He can only rely on £28,000 of this employment income. He may be able to combine this with other sources of income to meet the requirement, such as cash savings or other non-employment income.
For non-salaried employment, you rely on the annual equivalent of your average gross monthly income from non-salaried employment in the 6 months before the date of application. This is calculated by adding up actual gross income received in the last 6 months, dividing by 6 to obtain a monthly average, and multiplying by 12 to get the annual average.
If your gross annual employment income falls short of the minimum income requirement, you combine with it non-employment income (Category C), cash savings (Category D), or pension income (Category E).
The evidence required under this category is as follows:
| Document type | What it must include |
|---|---|
| Payslips | Covering the 6 months prior to the date of application. |
| Letter from the overseas employer who issued the payslips | The person’s employment and gross annual salary. The length of their employment. The period over which they have been or were paid the level of salary relied upon in the application. The type of employment (permanent, fixed-term contract or agency). |
| Personal bank statements of the applicant and/or partner | Covering the same period as the payslips showing that the salary has been paid into an account in the name of the applicant, the applicant’s partner or both jointly. |
In entry clearance applications where the sponsor is returning to the UK and is employed overseas, their employment income can be combined with evidence of a job offer in the UK to meet the minimum income requirement under Category A.
This involves a more complex two-part calculation.
First, they must calculate their salaried or non-salaried employment income from the last 6 months in the same way as above. Again, if this employment income is not sufficient, they can add to this other non-employment income, cash savings, or pension income.
Second, they must have a confirmed job offer or signed contract for employment in the UK starting within 3 months of their return to the UK. The job must pay a gross annual salary (or have an annualised gross non-salaried income) above the minimum income threshold.
Example
Han has been working in India for four months earning £40,000. His partner Leia is applying for entry clearance to the UK. Han and has a job starting in four weeks of his return with a gross annual salary of £50000. The requirement is not met under Category A because Han has not been working for 6 consecutive months.
Han may be able to satisfy the financial requirement under another category for example if he has savings or non-employment income.
The evidence required under this category is as follows:
| Document type | What it must include |
|---|---|
| Payslips | Covering the 6 months before the date of application. |
| Letter from the overseas employer who issued the payslips | The person’s employment and gross annual salary. The length of their employment. The period over which they have been or were paid the level of salary relied upon in the application. The type of employment (permanent, fixed-term contract or agency). |
| Personal bank statements of the applicant and/or partner | Covering the same period as the payslips showing that the salary has been paid into an account in the name of the applicant, the applicant’s partner or both jointly. |
| Contract of employment or letter from employer in the UK for job starting within 3 months of return to the UK. | Confirming job offer, start date and gross annual salary. |
With current employer for less than 6 months or with variable income: Category B
Applicant and/or sponsor in the UK: Category B
This category applies to those who have not been in the same salaried or non-salaried employment for at least 6 months before the application, or to those with the same employer for more than 6 months on a variable income.
Category B has two parts:
- Gross annual employment income at the date of the application; and
- Actual salary/income received in the 12 months prior to the application.
Income calculated under both parts must meet the minimum income threshold.
For those in salaried employment, the level of gross annual employment income will be their salary at the date of application. To calculate gross annual income from non-salaried employment, you take total gross income received from non-salaried employment in the 12-month period, divided by the number of months (or weeks or days) you have held that employment, and multiplied by 12 (or 52 for weeks, 52 for days).
Secondly, the applicant and/or sponsor must calculate actual income from salaried or non-salaried employment received in the previous 12 months.
Example
Simon wants his wife Amanda to him in the UK. Simon has been in non-salaried employment in the UK for five months. His income each month has varied: £6,000, £9,000, £4,000, £8,000 and £7,000.
Simon meets part 1 of the Category B requirement because (£6,000 +£9,000 + £4,000 + £8,000 + £7,000) divided by 5 months = £6,800. Multiplied by 12 = £81,600. Simon has not had any other job in the past 12 months, but his actual gross income during the past 12 months is above the required level of income of £29,000 because (£6,000 +£9,000 + £4,000 + £8,000 + £7,000) = £34,000. The second part of the requirement is therefore also met.
The evidence required under this category is as follows:
| Document type | What it must include |
|---|---|
| Payslips | Covering the 12-month period prior to the date of application. |
| Letter from the overseas employer who issued the payslips | The person’s employment and gross annual salary. The length of their employment. The period over which they have been or were paid the level of salary relied upon in the application. The type of employment (permanent, fixed-term contract or agency). |
| Personal bank statements of the applicant and/or partner | Covering the same period as the payslips showing that the salary has been paid into an account in the name of the applicant, the applicant’s partner or both jointly. |
This option is for sponsors overseas relying on actual employment income earned in the previous 12 months. It doesn’t require the sponsor to be employed at the date of application, but at some stage in the previous 12 months. Again, the minimum income threshold must be met under both parts:
- Sponsor’s confirmed job offer for employment in the UK starting within 3 months of their return to the UK; and
- Actual salary/income received in the 12 months prior to the application.
Income under both parts can be topped-up using non-employment or pension income, but cash savings can only be combined with part 1.
The evidence required under this category is as follows:
| Document type | What it must include |
|---|---|
| Payslips | Covering the 12-month period prior to the date of application. |
| Letter from the overseas employer who issued the payslips | The person’s employment and gross annual salary. The length of their employment. The period over which they have been or were paid the level of salary relied upon in the application. The type of employment (permanent, fixed-term contract or agency). |
| Personal bank statements of the applicant and/or partner | Covering the same period as the payslips showing that the salary has been paid into an account in the name of the applicant, the applicant’s partner or both jointly. |
| Contract of employment or letter from employer in the UK for job starting within 3 months of return to the UK. | Confirming job offer, start date and gross annual salary. |
Non-employment income: Category C
The applicant or sponsor’s non-employment income from specified sources can also be used to meet the minimum income requirement. The following sources of non-employment income are permitted:
- Property rental
- Dividends or other income from investments, stocks and shares, bonds or trust funds
- Interest from savings
- Maintenance payments from a former partner of the applicant in relation to the applicant or any children of the applicant and their former partner. Also, maintenance payments from a former partner of the applicant’s partner in relation to that partner
- UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance
- Payments under the War Pensions Scheme, the Armed Forces Compensation Scheme and the Armed Forces Attributable Benefits Scheme
- A maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research
- Ongoing insurance payments
- Ongoing payments from a structured legal settlement
- Ongoing royalty payments
Appendix FM-SE stipulates how the minimum income threshold is calculated under these sources of non-employment income, and any requisite evidence, but in general income received 12 months prior to date of the application can be counted.
The asset owned at the date of application does not need to have been owned for 12 months prior to the date of application, but it must have been a source of income for at least part of that 12-month period.
Example
Luke’s wife is applying to come to the UK. Luke’s been on a career break and hasn’t been employed for 2 years. He owns a large house in Inverness which he rents out. In the last 12 months, he has received £35,000 in rental income from the house.
Luke meets the financial requirement under Category C. Appendix FM-SE requires him to provide the title deeds or mortgage statements to prove his ownership of the property, the rental agreement to prove that the property is leased, and personal bank statements covering the last 12 months showing that the rental income has been paid into his account.
Dividend income can only be counted under Category C if the company is not a family business of the type described under category F or G, which we will look at later.
Non-employment income can be combined with Categories A, B, D and E.
Cash savings: Category D
The cash savings of an applicant, an applicant’s sponsor, or combined savings from both, can be used towards the minimum income requirement.
The money must be held in an account in the name of the applicant, the sponsor, or both jointly. The account must be a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body in the UK or overseas. Funds must be readily accessible and immediately withdrawable. If a penalty would be deducted from the savings if withdrawn from the account without notice, the amount of the penalty should not be deducted from the level of savings held at date of application.
The savings can originate from any legal source, but must have been owned by and been under the control of the applicant and/or their partner for at least 6 months prior to the date of application. The owner(s) of the savings must provide a signed declaration with the application confirming the source of funds.
Cash savings are not considered equivalent to income, so £1 in cash savings does not equal £1 towards the income requirement. Only cash savings above £16,000 can be counted towards the minimum income threshold. This is because £16,000 is the level of savings at which a person generally ceases to be eligible for income related benefits.
To calculate the level of cash savings required:
- Take the minimum income requirement, £29,000 for application from 11 April 2024 onwards, £18,600 (adjust for children if required) for anyone already in the route before then.
- Multiply it by 2.5 (the number of years of leave granted).
- Add the minimum of £16,000.
To meet the minimum income threshold with cash savings, a partner with no children would therefore need £88,500 in cash savings (£62,500 if in the route before 11 April 2024).
| Minimum income threshold pre-11 April 2024 |
Cash savings required |
|---|---|
| Partner with no children: £18,600 | £62,500 (£16,000 + 2.5(£18,600)) |
| 1 child in addition to the partner: £22,400 | £72,000 (£16,000 + 2.5(£22,400)) |
| 2 children in addition to the partner: £24,800 | £78,500 (£16,000 + 2.5(£22,400)) |
| 3 children in addition to the partner: £27,200 | £84,000 (£16,000 + 2.5(£22,400)) |
If you are applying for indefinite leave to remain, you don’t multiply the relevant minimum income threshold by any period of leave, and simply add £29,000 (or £18,600 for those in the route before 11 April 2024) + 16,000 to get a requisite £45,000 (or £34,600) in cash savings.
Importantly, the funds cannot dip below the minimum income threshold at any point during the 6-month period. If you hold cash savings of £90,000 at the date of application, but 3 months earlier you only held £60,000, this would not be sufficient to meet the minimum income requirement if you are relying on cash savings alone.
If you are using cash savings to top-up income from another category, such as employment income, you replace the minimum income threshold in the calculation with the shortfall between the minimum income threshold and the income available from other sources.
The evidence required to prove adequate cash savings is as follows:
| Document type | What it must include |
|---|---|
| Personal bank statements of the applicant and/or sponsor | Showing that the level of cash savings relied upon has been held throughout the 6-month period prior to the date of application. |
| Signed declaration from account holder(s) | Confirming the source of the cash savings. |
In certain cases, it is possible to rely on cash savings that have not been held for 6 months prior to the date of application. Funds previously held in investments, stocks, shares, bonds or trust funds can count if they are liquidated before the application, and held as cash at the date of application.
The same is true the money is generated from the of sale of a property (dwelling or land) in the previous 6 months. In both cases, the sale of assets must be clearly demonstrated with documentary evidence found at paragraph 11A of Appendix FM-SE.
Example
Mohamed owns various properties in the UK. Two months before his wife and child’s application for entry clearance, he sells one flat and transfers the net proceeds of the sale into his savings account. The proceeds from the sale, after payment of taxes and solicitors’ fees, are £90,000.
Mohamed needs to show savings of £72,000 and therefore meets the minimum income requirement by relying on the cash savings from the proceeds of the sale of property.
Mohamed provides his bank statements for the past two months, a letter from the conveyancing solicitors confirming the sale, evidence from the Land Registry confirming that Mohamed was the owner of the flat for three years, and confirmation that the mortgage on the sold property has been closed and all taxes and fees for the sale have been paid.
Pensions: Category E
The gross annual income from any state pension (UK or foreign), occupational pension or private pension received by the applicant or the sponsor can be used to meet the minimum income requirement. Unlike the other categories, pension only needs to have become a source of income at least 28 days before the date of application.
| Document type | What it must include |
|---|---|
| Official documentation from: Department for Work and Pensions or other relevant government department or agency An overseas pension authority A pension company | Confirming the pension entitlement and amount. |
| Personal bank statements of the applicant and/or sponsor | At least one from the 12-month period prior to the date of application, showing the payment of the pension into the person’s account. |
Self-employment and directorships: Categories F and G
Where the sponsor (and/or the applicant if they are in the UK with permission to work) is self-employed or a director/employee of a specified limited company, they can use income from:
- the last full financial year (Category F); or
- the average from the last two financial years (Category G)
Self-employment
For self-employment in the UK, the financial year runs from 6 April to 5 April. This is important for those applying shortly after the tax year ends on 5 April, as self-assessment tax returns must be provided with the application and may have to be filed earlier than planned. Financial years may vary in other countries.
The level of self-employment income that can be used to meet the financial requirement is the gross taxable profits of the business in the last full financial year, not including any deductible allowances, expenses or liabilities which may be applied to the gross taxable profits to establish the final tax liability.
Director or employee of a specified limited company
Normally, employees and directors who receive a salary can count their income under Category A or Category B, and dividend income can be counted under Category C.
However, the applicant and/or sponsor’s income must be calculated under Categories G or F if they are a director or employee (or both) of a “specified limited company” in the UK. This is essentially a family business. A specified limited company is one in which:
- the person is either a director or employee of the company, or both, or of another company within the same group; and
- shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
- any remaining shares are held (directly or indirectly) by fewer than five other persons.
In addition to providing the requisite evidence of their employment or dividend income from the business (payslips, dividend vouchers, bank statements), employees and directors of specified limited companies must also provide specified evidence relating to the business itself.
The relevant financial year is the 12-month company tax year, which differs between companies.
The evidential requirements under Category G and Category F are burdensome, so it is important that you carefully consider paragraphs 7 and 9 of Appendix FM-SE to ensure that all requisite evidence is provided.
If the sponsor is on benefits, they meet the income requirement if they receive one or more of the following:
- disability living allowance
- severe disablement allowance
- industrial injury disablement benefit
- attendance allowance
- carer’s allowance
- personal independence payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme or
- Police Injury Pension
Any other benefits not specified in paragraph 12 of Appendix FM-SE and cannot be relied upon.
The evidence required where the sponsor is in receipt of benefits is as follows:
| Document type | What it must include |
|---|---|
| Official documentation from: – Department for Work and Pensions – Veterans Agency – Police Pension Authority |
Confirming the benefit entitlement and amount currently received. |
| Personal bank statements of the applicant and/or sponsor | At least one from the 12-month period prior to the date of application, showing the benefit payment into the person’s account. |
Exceptional circumstances
If the applicant and their sponsor are unable to satisfy any of the categories above, other reliable sources of income can be taken into account.
This is the consequence of court cases which led to a relaxation of the rules.
Paragraph GEN 3.1 of the immigration rules now states when
It is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of the application a breach of Article 8 because it could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child
it is acceptable to produce evidence of other credible and reliable sources of income, financial support or funds available to the couple.
The original author of this guide, Gabriella Bettiga, discusses exceptional circumstances applications further here.
Format of evidence
Finally, don’t forget that Appendix FM-SE not only stipulates specific evidence that must be provided, it also specifies the format of the evidence.
There are specific rules on, for example, the format of bank statements, employer’s letters and payslips, and various other financial evidence.
Appendix FM-SE also requires that any financial evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.
Where a document is not in English or Welsh, the document must be accompanied by a certified translation by a qualified translator, that can be independently verified by the Home Office.
Failure to provide the correct evidence in the correct format could lead to refusal of an application, even if you do have sufficient income to meet the requirement.
This article was originally published on 6 August 2018 written by Gabriella Bettiga and it has been updated so that it is correct as of the new date of publication shown above.
