On 11 April 2024, the Home Office raised the minimum income requirement to £29,000 for individuals applying as a partner or spouse of a qualifying UK resident. This includes British and Irish citizens, as well as people who have settled in the UK.
However, not everyone needs to meet this new income level. In this article, we will explain who is exempt from the new threshold and how you can extend your spouse visa.
Who is Exempt from the New Minimum Income Requirement?
There are two main categories of people who do not need to meet the £29,000 income threshold:
- Those whose partner receives certain benefits
- People extending a visa granted before 11 April 2024
Adequate Maintenance Test
If your partner receives specific benefits, you will instead need to meet the adequate maintenance test rather than the standard financial requirements. The benefits that qualify for this exemption include:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Carer's Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
- Child Disability Payment (Scotland)
- Adult Disability Payment (Scotland)
What is Adequate Maintenance?
The definition of "adequate maintenance"is set out in Paragraph 6 of the Immigration Rules. This means that, after deducting income tax, National Insurance contributions, and housing costs, the remaining income must be at least equal to what the family would receive if they were on Income Support.
Unlike the standard financial requirement, there is no fixed amount for adequate maintenance. The exact amount required will depend on the number of dependants in the household.
A specific formula is used to determine whether a family meets the adequate maintenance test. If you think this applies to you, please contact us for further guidance.
Old Minimum Income Requirement for Extensions
If you applied for a partner visa before 11 April 2024 and are now applying for an extension with the same partner, you still need to meet the previous income threshold of £18,600 per year.
If you have children, you will need to prove additional income:
£3,800 per year for the first child
£2,400 per year for each additional child
However, if the total income requirement for your family exceeds £29,000, you will only need to prove that you earn £29,000 per year.
What if You Do Not Meet the Financial Requirements?
If you cannot meet the financial threshold, you may still be able to apply for a visa or extend your stay under certain circumstances. You could be eligible if:
You have a child in the UK who is a British or Irish citizen or has lived in the UK for at least seven years, and it would be unreasonable to expect them to leave the UK.
Refusing your application would breach your human rights.
If you do not meet the financial requirements, you will likely be placed on the 10-year route to settlement, meaning you will need to wait at least 10 years before you can apply for indefinite leave to remain (ILR).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
