FINANCIAL REQUIREMENTS FOR UK SPOUSE VISA APPLICATION
immigration law, immigration advice, Spouse Visa
From 9 July 2012 onwards, the Immigration rules have been tightened and the British spouses must meet the financial requirements if they would like to sponsor their non-EEA spouse to join them to live in the UK. The aim of this change is to ensure that family migrants do not become reliant on other taxpayers for financial support and are able to integrate into the British culture.
If the non-EEA spouses would like to apply for Entry Clearance or Leave to Remain as a family member of a British person, a minimum income threshold of £18,600 must be met. However, if the application involves dependent children, an additional gross annual income of £3,800 is required for the first child and an additional £2,400 for each further child. For example:
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
There are five acceptable income sources that you may rely on:
Income from salaried employment
Income from self-employment
Accordingly to the Annual Survey for Hourly Earnings, it indicates that around 40-45% of UK residents earn less than £18,600. The Minimum wage for a 40 hour week for workers over 21 is currently equivalent to £13,124 per annum. Due to this reason, this new rule was challenged under the case of MM v Secretary of State for the Home Department.
In July 2014, the Court of Appeal upheld the decision that the financial requirements must be met. This decision forces the British spouses to choose from either to leave the UK or to live separately from their non-EEA spouses.
With the harsh reality that some couples may not be able to satisfy the financial requirements, there is a possibility that individuals can successfully argue their case under the Article 8 of the European Convention of Human Rights - right to private and family life. However, this is only in exceptional circumstances.
Please do not hesitate to contact us on 0207 596 2765 if you would like tailored advice on your immigration matter or assist you on the application. Alternatively, please feel free to visit Avaris Law for further information on spouse visa requirements.
, immigration law
, Spouse Visa