minimum income requirement changes for partner and child

March 15

Minimum income requirement changes for partner and child routes

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OTB Legal

Minimum income requirement changes for those in the five-year partner and child routes under Appendix FM

The statement of change to the Immigration Rules published on 14 March 2024 confirms the increase to the minimum income requirement to £29,000 (from £18,600) for those applying under the five-year partner and child family routes. This will take effect from 11 April 2024.

There will no longer be an additional child element to the minimum income requirement. Where an applicant is not able to meet this requirement, there remain some exceptions if they are able to show insurmountable obstacles to their family life with their partner continuing outside the UK, if it would be unreasonable for their child to leave the UK, or there are exceptional circumstances which would render refusal of the application a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Those who are granted leave to remain based on exceptional circumstances will be put on a 10-year route to settlement in the UK.

Transitional provisions

Arrangements have been put in place for those who, before 11 April 2024, already have a family visa within the fiancé(e) or proposed civil partner or five-year partner route, or who apply before 11 April 2024 and are granted leave to enter or remain. They will not be subject to the increased minimum income requirement in subsequent applications provided they are applying to stay with the same partner. This will also apply to cases for children seeking to join or accompany a parent. This provides certainty for people who are already on the route, or who apply before the increase comes into force.

If you have concerns about meeting the new financial requirement then our experienced team of immigration lawyers can assist. We offer a free initial consultation and provide flexible services depending on your needs.

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