Changes to immigration law for families

The UK government has now confirmed the implementation date for the change to the minimum income threshold for spouse/ partner visa applications. There is also a welcome change to the definition of “Partner” for unmarried partner visa applicants.

2 February 2024

Couple in immigration office

Implementation date for spouse/ partner visa minimum income threshold changes

From 11 April 2024, foreign spouses and partners of British citizens will need to meet a minimum income threshold of £29,000 to obtain a spouse/ partner visa.

The minimum income requirement was first introduced in 2012 and had remained at a constant £18,600, until now. The minimum income requirement can be met by relying on income from employment, self-employment, or other non-employment sources such as property rental, pension, or dividend income. It can alternatively be met by relying on cash savings of at least £62,500.

The new changes bring the minimum income threshold up to £29,000, or £88,500 if relying on cash savings. Families that may struggle to meet the new minimum income threshold of £29,000 are urged, if possible, to make their applications before 11 April 2024 to beat the changes.

The threshold is then expected to rise even further in early 2025, going up to £38,700 for income, or £112,750 for cash savings.

These changes will not affect existing spouse/ partner visa holders. People who have already been admitted to this visa route will continue to have their applications assessed against the £18,600 income threshold all the way through their five-year visa pathway.

Unmarried partners

The definition of “Partner” in the immigration rules has been changed to remove the requirement for unmarried partners to have been living together for at least two years. This is a hugely significant change. Until now, unmarried partners needed to prove two years of cohabitation. Now they only need to demonstrate two years of relationship.

This change is not surprising, however, as it simply aligns the rules for unmarried partners of British citizens with the existing rules for unmarried partners of other visa holders.  

In the Introduction section of the immigration rules, the definition of "Partner" currently states:

"(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years."

It has been changed to:

"(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years."

This update recognises that modern-day international relationships may not always involve periods of continuous cohabitation.

This will be a welcome change for unmarried partner visa applicants, with the rules for unmarried partners of British citizens now being brought in line with the rules already in place for unmarried partners of other visa holders.