How do I satisfy the financial requirements for a UK spouse/partner visa?

23 Nov 2022, 06 mins ago

If you are applying for a UK spouse/partner visa on the basis of your relationship with a British citizen, someone settled in the UK or someone who holds leave under the EU Settlement Scheme (in limited circumstances), one of the biggest hurdles to overcome is demonstrating that you satisfy the financial requirement.

The financial requirement is only one of the requirements for the UK spouse/partner visa, all other requirements will also have to be met for an application to be successful.

What is the financial requirement?

The financial requirement exists as a way for the Home Office to ensure that you/your partner have sufficient financial resources to maintain your life in the UK without having to rely on public funds.

The financial requirement can be met in two principal ways:

The first way is via income and the threshold for income is set at £18,600 (more if there are non-British children applying). There are specific evidential rules depending on which source of income you are relying on (e.g. employment income, non-employment income, etc.) 

The second way is via savings and where one is relying on savings alone, the threshold is £62,500 (more if there are non-British children applying). There are specific evidential rules on how the savings can be shown, the most common way is via bank statements. There are other ways to meet the financial requirement including pensions, bereavement benefits from HM Forces, police injury pension, disability allowance and so forth. There is also the possibility of combining savings with income. 

What are the requirements if I am applying from outside the UK?

If making an initial application from outside the UK, generally, you can only rely on employment income from the British/settled partner. However, if you are relying on savings, this can be savings under your name, your partner’s name or under joint names.

What are the requirements if I am apply from inside the UK?

If you are applying to switch into or extend this visa route inside the UK, you can rely on your own (provided that you had the right to work in the UK) or your partner’s income or savings.  

What happens if I cannot meet the financial requirements?

In cases where you cannot meet the financial requirements, you may still be able to submit a discretionary application for a spouse/partner visa, although the thresholds are quite high. This generally only applies where there are exceptional circumstances and the refusal of your application would cause unjustifiably harsh consequences for you/your family’s private life.

How Gherson can assist

Gherson’s Immigration Team is highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an email, or, alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2022