Spouse Visa UK Financial Requirements 2021


Spouse Visa UK Financial Requirements 2021- Since 09 July 2012, the Immigration Rules in Appendix FM have contained a financial requirement to be met by an applicant for Entry Clearance, Leave to Remain or Indefinite Leave to Remain in the UK as a Partner or Dependent Child of a person who is either: 

  • A British Citizen
  • Persent and settled in the UK
  • In the UK with refugee leave or humanitarian protection

Since 01 December 2013, the Immigration Rules in Appendix Armed Forces have also contained a financial requirement to be met by an Applicant for Entry Clearance, Leave to Remain or Indefinite Leave to Remain in the UK as a partner or dependent child of a person (British or foreign or Commonwealth) who is a member of HM Forces. On 31 December 2020 the Immigration Rules were further changed to include 2 additional sponsorship categories: 

  • In the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3(d)
  • In the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with Paragraph GEN 1.3(e)

 “Partner” means – 

  • A fiancé
  • Proposed civil partner
  • Spouse
  • Civil partner, or
  • Unmarried partner

From 28 July 2014, Section 117B(3) of the Nationality, Immigration and Asylum Act 2002, has reinforced the public interest under Article 8 of the ECHR in the financial independence of migrants, to prevent burdens on the taxpayer and promote integration. On 22 February 2017 the Supreme Court in MM (Lebanon) & Others v SSHD [2017] UKSC 10 upheld the lawfulness of the minimum income requirement under Appendix FM. 

The Court held that the minimum income requirement is not a breach of the right to respect for private and family life under Article 8 of the European Convention on Human Rights (ECHR) and is not discriminatory. In view of the Supreme Court Judgement, Statement of Changes were introduced in Immigration Rules HC 2090, to implement court’s findings, in circumstances where refusal of the application could otherwise breach Article 8 of the ECHR. The Rules provided that other credible and reliable sources of income or funds available to couple should be taken into account to meet the minimum income requirement. Further, the Appendix FM needed to give direct effect to the SSHDs duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard as a primary consideration to a child’s best interest in making an immigration decision. 

Who needs to meet the financial requirement? The financial requirement or the minimum income requirement applicable in most Appendix FM categories of – 

  • Family life as a Partner
  • Family life as a Child of a person with limited leave as a Partner
  • Some Applicants under Part 8 of the Immigration Rules
  • Partners and children Applications made under Appendix Armed Forces

 Note:  Child applicants making an application with their parents, where their parents are not required to meet financial requirements, the children are also not required to do so. Just like their parents the children have to meet ‘adequate accommodation requirements’. 

Calculating the financial requirement The minimum income requirement for a partner under both Appendix FM and Appendix Armed Forces, without dependent children is £18,600. Unless exempt, the applicant must meet the financial requirement in the form of a minimum income. The financial requirement increases with the number of children included in the application. An additional gross income is required as follows – 

  • For the first child - £3,800
  • £2,400 for each additional child

 Example- 

  • Partner without any dependent children - £18,600
  • Partner together with the first dependent child - £22,400
  • Partner together with two dependent children - £24,800
  • Partner with three additional children - £27,200

Where other requirements together with the financial requirements are met, the applicants will be granted leave on a 5 year route to settlement. Where any of the requirements are not met the application will be considered on exceptions and exceptional circumstances and leave may be granted on a 10 year route to settlement or may be refused. What is meant by 5 year or 10 year Route to Settlement? Route to Settlement, refers to the period of lawful and continuous residence in the UK, after which the migrant is likely to be granted Indefinite Leave to Remain. Where children are granted leave and then they turn 18 whilst remain dependent on their parent, the same requirements will apply to their further leave applications until the main applicant – parent qualifies for settlement. On the plus side, the 18 year old child’s income and savings can count towards meeting the family’s financial requirements.