FAQ on the Increase in Financial Requirement for Family Visas
Following the Home Secretary's initial announcement on 4 December 2023 regarding a significant increase in the minimum income requirement for family visas to £38,700, there has been a pivotal update from the Home Office. A more gradual and phased approach to increasing the financial requirement has been unveiled, starting at £29,000. Here's an essential update on the latest developments:
Revised Minimum Income Thresholds: What's Changed?
The Home Office has adjusted its plan, starting the minimum income requirement for family visas at £29,000, effective 11th April 2024. This initial increase is part of a phased approach that will eventually align the family visa income requirement with the General Skilled Worker threshold of £38,700 by early 2025. This strategy gradually escalates the financial requirement, providing predictability and time for families to adjust.
Who will it affect?
This update impacts family members of British citizens and those settled in the UK who are applying for family visas. Applicants must meet the new phased financial requirements starting at £29,000, with planned incremental increases.
When will the new financial requirements for family visa changes take place?
The new financial requirements will commence on 11th April 2024, starting at £29,000. The Home Office plans to raise this threshold incrementally to £34,500 and ultimately to £38,700 by early 2025. Exact dates for each phase will be provided closer to implementation, and we will update this FAQ accordingly.
Transitional Provisions and Impact on Existing Applicants
The Home Office has outlined specific provisions for various scenarios:
1. Existing Family Visa Holders: Those on the five-year partner route will continue to be assessed against the current £18,600 requirement for extensions or settlements.
2. Pre-Increase Applications: Applications submitted before the phased increases take effect will be assessed against the £18,600 threshold.
3. Fiancé(e) Visa Holder: Those granted a fiancé(e) visa before the increases will also be assessed against the £18,600 threshold for subsequent family visa applications.
4. Post-Increase Applications: New thresholds apply to applicants on the five-year partner route after the initial increase to £29,000 on 11th April 2024.
5. Switching Routes: Those switching to the five-year partner route within the UK after the increase must meet the new thresholds at each phase.
Extensions and Indefinite Leave to Remain
The updated financial requirement applies to first-time applicants and those applying for extensions or indefinite leave to remain under the family visa category. Details regarding exceptions or specific provisions are yet to be fully disclosed; we will continue to provide updates as more information becomes available.
Meeting the financial requirement
Applicants may combine incomes with their partners to meet the threshold. For those facing challenges, the rules consider exceptional circumstances where refusal could lead to disproportionately harsh consequences. It's possible to apply from within the UK under such circumstances, although these applications carry a higher risk of refusal. Seeking professional advice from our expert team at OTB Legal is recommended to navigate these complex situations.
Staged Increase: What Lies Ahead
The government's planned phased increase aims to align family visa requirements with the General Skilled Worker threshold by early 2025. The political landscape may influence these plans, and we will inform our readers of any developments.
Conclusion
The incremental approach to raising the financial requirement for family visas introduces a period of adjustment and planning for affected families. As the requirements evolve, staying informed and seeking professional guidance from our expert team at OTB Legal is crucial. OTB Legal is committed to providing up-to-date information and expert advice to navigate these changes. Schedule a free consultation with us to discuss how these developments may impact your situation and explore your options.