On 4 December 2023, the Home Secretary announced a large increase in the minimum income requirement for a spouse or partner visa from £18,600 to £38,700. Things have become slightly clearer since then – the minimum income requirement will initially rise to £29,000 in Spring 2024 and will be incrementally increased to £38,700 over the year.
More details are available in a Home Office policy paper on reducing legal migration which states: “A decision was taken to increase the family Minimum Income Requirement (MIR) in line with the standard Skilled Worker general threshold. This would see the MIR increase to median earnings for jobs at the skill level of RQF3 [on the Regulated Qualifications Framework], currently £38,700. As part of a staged implementation, an initial increase to the 25th percentile of RQF3 jobs of £29,000 will be enacted initially and this initial implementation level is assessed in this paper.”
We are concerned that as a result of this great increase in minimum income requirement, in the middle of a cost-of-living crisis, many applicants will not be able to show that they meet the requirements of the immigration rules. Applicants in this position would have no option but to argue that a refusal of their application would result in a breach of their Article 8 ECHR rights – the right to a family and private life. They would then need to meet the exceptional circumstances test which is not an easy task. According to the Home Office police paper, while currently only several hundred such claims are made a year, it is likely a greater proportion of people will no longer meet the threshold based on earnings alone and rely on their Article 8 rights.
Our advice would be to make your application before the new minimum income requirement is implemented or to seek advice in good time where you know you will have to rely on exceptional circumstances. Contact our expert team of immigration lawyers on 020 3930 3831. We are here to help you.
