It is crucial to consider whether you can meet the financial requirement of the visa on your own or by combining income with that of your UK citizen or settled partner.
Immigration rules stipulate a minimum income requirement for a partner applying for entry clearance or leave to remain. Applicants must provide evidence of an annual income of at least £18,600. The income threshold increases by £3,800 for the first child, and then by a further £2,400 per child for additional children.
How to Meet the Financial requirement
The Home Office guidance categorises each source of income from Category A to G. The categories are helpful to understand how each permitted source of income is calculated:
Category A: Employment for more than 6 months
The sponsor (and/or the applicant if they are in the UK and permitted to work) has been employed for 6 months or more by their current employer throughout the 6 months prior to the date of application.
Category B: Employment for less than 6 months
The sponsor and/or applicant 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 C: Non-employment income
The applicant or sponsor’s non-employment income from specified sources can also be used to meet the minimum income requirement. The non-employment income source includes:
Income from these sources received in the 12 months prior to the application can be counted.
Category D: Cash savings
The applicant's cash savings, the applicant's sponsor's cash savings, or a combination of both can be applied to the minimum income requirement.
There is no equivalence between cash savings and income, so £1 in cash savings does not equal £1 towards the income requirement. Only cash savings in excess of £16,000 can be applied to the minimum income threshold.
To calculate the level of cash savings required:
To meet the minimum income threshold with cash savings, a partner with no children would therefore need £62,500 in cash savings.
Category E: Pension
The total annual income from any state pension (UK or foreign), occupational pension, or private pension that the applicant or sponsor receives can be used to satisfy the minimum income requirement. Unlike the other categories, a pension must only have become a source of income at least 28 days prior to the application date.
Category F: Self-employment and Directorships
At the time of application, if the applicant's partner (and/or the applicant if they have permission to work in the UK) is self-employed or the director or employee (or both) of a specified limited company in the UK, they can use income from the previous full financial year to meet the financial requirement.
Category G: Self-employment and directorships
If the sponsor (and/or the applicant if they have permission to work in the UK) is self-employed or a director/employee of a specified limited company, they can use the average income from the previous two financial years.
Which Sources of Income Can Be Combined to Meet the Financial Requirement?
If your total Category A income is less than the minimum income requirement for a spouse or partner visa application, you can combine it with income from Categories C, D, and E (non-employment income, cash savings, and pension) to meet the requirement. Category A may also be combined with Categories F and G, but only during the relevant financial year(s).
Which Sources of Income Cannot Be Combined to Satisfy the Financial Requirement?
Category A income and Category B income cannot be combined. Therefore, if you and your partner are both employed in the United Kingdom, you can only combine your income if you both fall into Category A or Category B.
The income from a job held for less than six months cannot be combined with the income from a job held for more than six months by your partner. However, you may combine income from two positions held for less than or more than six months.
Lastly, cash savings cannot be combined with income from self-employment or employment as a director or employee of a specified limited company in the United Kingdom under Category F or Category G.
For expert advice and assistance with a spouse, partner or other family member application, contact us at 0203 865 6219 or leave us a message.