UK Government Publishes New Research Report on Spouse Visa Minimum Income Requirement

New House of Commons Research Briefing

A new research briefing has been published by the UK government investigating the history, impact and justifications of the Spouse visa minimum income requirement.

The briefing has been published on the House of Commons Library website, where briefings on a range of other topics are published primarily for the benefit of MPs. This report preceded a debate that took place in Westminster Hall on the same topic.

Within the report, government researchers discuss the financial requirement in detail, including its history, the requirements surrounding it, scrutiny and opposition towards it, and future developments that may impact it.

The briefing comes at a time of relative uncertainty for the Spouse visa minimum income requirement. The threshold was raised from £18,600 to £29,000 in April 2024 with further increases planned, but these were shelved by the new Labour government pending a review.

This review will is due to be published where the public will likely learn if the minimum income requirement will stay at £29,000 for the time being or if it will be raised after all.

IAS are listed in the Annex part of the report as a recommended source of information for Spouse visa financial requirements. To get the benefit of our lawyers’ expert advice and assistance with your Spouse visa case today, reach out to us on +44 (0)333 414 9244 or contact us online.

What’s Contained in the Research Briefing?

The research briefing, which is simply titled “The financial (minimum income) requirement for partner visas”, is separated into four sections. The contents of these sections are summarised below.

Section 1: “What is the financial requirement?”

The first section in the research briefing, which is also the shortest, simply covers basic information about the financial requirement for the Spouse visa, including the context in which it is required and its historical background.

This section also briefly touches on the rationale behind why it was first introduced in 2012, the primary reason being that “family migrants and their British/settled sponsors should have sufficient financial resources to be able to support themselves and participate in society without being a burden on other taxpayers”.

This section also covers why the threshold was set at £18,600, the main reason being that this threshold would be the level of annual gross pay “above which a couple would not receive any income-related benefits”.

Section 2: “How is the financial requirement satisfied?”

This section of the research briefing covers in detail the way in which Spouse visa applicants can meet the financial requirement, including acceptable sources of income, the rules regarding income sources, and the types of evidence that need to be given.

This section also covers exceptions to the minimum income rule, including eligible partners of EU-citizens, recipients of certain benefits, and the rules around exceptional circumstances.

Section 3: “Scrutiny and opposition”

This section of the report delves into the various criticism, comments and discourse regarding the income threshold since it was first introduced in 2012.

The research contained here acknowledges criticism from groups such as the Joint Council for the Welfare of Immigrants, the Migrants’ Rights Network and Reunite Families UK that the minimum income requirement is fundamentally unfair as it prevents those from lower-income families from bringing their partners to the UK.

From here, the report goes into detail about specific criticisms the requirement has faced throughout the years, citing surveys, independent research statistics and governmental comments to contextualise these points. The topics covered by the report here include the following:

• Whether or not the threshold should be above minimum wage
• Whether or not the threshold should vary based on regional differences in wages across the country
• If the policy is inherently discriminatory towards certain demographic groups such as women, young people and working single parents
• If the evidential requirements are too restrictive
• Whether or not the original cost/benefit assessment carried out by the government in 2012 was wholly accurate
• Whether or not the long-term effects on families are justified, and if the policy has negative effects on intangible metrics such as integration and community cohesion

The report then goes on to discuss the scrutiny the policy has received within parliament and the range of comments and evaluations that have been given on the topic by MPs and policy-makers.

The legal challenges surrounding the minimum income threshold are also discussed here. The report specifically mentions the 2017 Supreme Court ruling that the requirement was not unlawful and could continue to be enforced, also citing quotes from opposition and the resultant changes that came into place because of these challenges.

Finally, this section addresses the question of how many people have been prevented from coming to the UK due to the requirement, citing a 2018 Migration Observatory study report that stated this exact number could not be known for certain.

Section 4: “Recent and future developments”

The final section of the report touches on the changes made to the income requirement in the past couple of years, as well as looking at what we know about its future.

The increase of the threshold to £29,000 is covered, as well as the scrapping of the requirement for additional funds if bringing dependent children to the UK. The report then summarises the (largely negative) reactions to this change both from migrant rights groups, the MPs in the House of Commons, and the House of Lords.

The £29,000 threshold is discussed, touching on its temporary status as it awaits review, and its original use as a stepping stone to the much higher threshold of £38,700, which was the original target set by the Conservative government.

To finish the report, the authors discuss the upcoming review of the threshold and the various factors that will be considered when putting it together, including whether the threshold should be raised to £38,700, average UK earnings and assessing the level of income required to make someone a “net fiscal contributor” in society.

The report closes by stating that it is unlikely the upcoming review will recommend scrapping the financial requirement for the Spouse visa altogether.

How Can IAS Help?

There is no guarantee that the minimum income requirement for the Spouse or Partner visas won’t be increased after the new review is published.

If you’re looking to come to the UK on a Spouse visa and are concerned about the minimum income requirement or are unsure of how best to navigate future changes, IAS can help.

We are a team of expert and compassionate immigration lawyers who can work with you to explore all of your options to enable you to reunite with your partner in the UK. We can help advise and assist you to navigate the UK immigration rules to help reunite you and your partner in the UK, or help with any other immigration issue you may have.

We can also provide expert advice if you or your partner do not meet the Spouse visa financial requirements, providing a complete assessment of your situation and offering tailored advice to help your case.

To arrange an advice session with one of our advisers, reach out to us on +44 (0)333 414 9244 or contact us via our online form.