Immigration Solicitors

The Government has announced major changes to legal immigration under a new ‘five-point plan’, raising minimum skilled worker salary and income requirement for spouse visa to over £38K.

But, what does the increase to the minimum income threshold mean for family members of British and settled people and when should you seek expert legal advice?

The Home Secretary, James Cleverly, set out the Government’s plan to reduce net migration to the UK. One of the key changes, the Home Secretary announced in what he called a new ‘five-point plan’ was the following:

"We will ensure that people bring only dependants whom they can support financially, by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which is £38,700. The minimum income requirement is currently £18,600 and has not been increased since 2012. This package of measures will take effect from next spring”.

Current Financial requirements

The best way to approach this is to initially 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.

The Government’s guidance on immigration rules for family members stipulates the minimum income requirement for a partner without children is £18,600. That amount has remained the same since Appendix FM was introduced in 2012.

However, if there are dependent children(s) included in the application, the threshold increases. The threshold increases by £3,800 for the first child, and then by a further £2,400 per child for additional children.

New changes

Following on from the announcement on 04 December 2023, the government intend to bring new migration down, by hiking the minimum financial requirement from £18,600 to £38,700, which is an increase of 103%. This change means that anyone earning less than £38,700 will be ineligible to sponsor a foreign spouse or partner to the UK. They will need either to live separately in different countries or move together abroad. The Government are yet to announce the amount the fee will increase for any dependent children on such applications.

Despite calls for reduced migration, net migration figures amount to only 1% of the UK's overall population. The sudden increase in the minimum income threshold for family visas came as a shock and will notably impact low to mid-wage British Citizens seeking to sponsor overseas spouses. This change is expected to face intense scrutiny.

When does the change come into force?

The Home Secretary stated the new ‘five-point plan’ will take effect in Spring 2024. It is presumed the changes will apply to new applicants who submit their application after the change, but this will be confirmed by the government in due course.

It’s safe to say these will be unwelcomed changes for many British citizens and settled people who will be unable to live legally in the UK with their spouses. The minimum income threshold announced is twice the national minimum wage. Many people simply cannot afford it, no matter how hard they work.

How we can Help

If you’re concerned the new changes the Government have announced will impact you, it’s advisable to seek legal advice. Duncan Lewis has one of the largest legal aid immigration practices in the UK and is ranked and recommended as a top tier practice by The Legal 500 directory for its services including, business immigration, human rights, appeals and overstay.

About the Author

Amrit Raindi is an Immigration solicitor based in our Birmingham Office. He has significant experience dealing with vulnerable clients, including those in detention, those suffering from complex psychological issues, and victims of both torture and trafficking. He has particular specialism in challenging the detention of vulnerable clients and has achieved success securing their release and awards of damages for the client. For advise or assistance on an immigration matter, contact Amrit Raindi via email at AmritpalS@duncanlewis.com or via telephone on 020 7275 2650.