The Immigration Rules in Appendix FM specify the financial requirement to be met by a person applying for spouse visa entry clearance, leave to remain or indefinite leave to remain in the UK as a partner or dependent child of a person who is either a British Citizen or permanently settled in the UK. A ‘partner’ can include an applicant’s fiancé(e), proposed civil partner, spouse, civil partner, or unmarried partner.
Individuals applying under the partner route must demonstrate a minimum income from permitted sources by providing evidence that meets the specified criteria of the Home Office UKVI. In an earlier post, we discussed how financial requirements could also be met through cash savings.
This post discusses the rules for meeting the Partner Visa financial requirement through employment income. The rules are different for those working abroad and looking to return with their partners to the UK.
Partner Visa Minimum Income Requirement
Before we look at how to demonstrate employment income for a spouse visa, the income level must be determined. The financial threshold or minimum income requirement for a Partner applying under Appendix FM without dependant children is £18,600 per annum.
However, where the application includes sponsorship of a child dependent simultaneously, the minimum income requirement increases, and a higher financial requirement must be met.
An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child. The level of financial requirement will therefore be
- Partner with no children who are subject to the income requirement – £18,600
- One child in addition to the partner – £22,400
- Two children in addition to the partner – £24,800
- Three children in addition to the partner – £27,200
The financial requirement does not apply to a child who is a British Citizen or settled in the UK. The Home Office decision-makers cannot exercise any flexibility concerning the level of the financial requirement that must be met, so the calculation must be correct.
Partner Visa Employment Income Requirement
Income from employment is divided into Categories A and B, based on the duration and type of work undertaken.
Category A: Working in the UK with the same employer for six months or more
An applicant can rely on their British sponsor’s salaried employment income if they have been with the same employer for at least six months before the date of application. The income must be lawfully derived, and the employment can be full-time or part-time, permanent, on a fixed-term contract or with an agency.
The sponsor must have been paid throughout six months at a gross annual salary equal to or exceeding the level relied upon in the application, i.e. at least £18,600 per year without any dependants. Salaried employment includes that paid at a minimum fixed rate (usually annual) subject to a minimum contractual number of hours to be worked.
In situations where the UK-based partner receives a non-salaried income, their gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer for six months or more at the date of application. Non-salaried employment includes that paid at an hourly or other rate or paid an amount which varies according to work undertaken. In non-salaried employment, the number and pattern of hours required to be worked may vary.
The only difference in Category A between salaried and non-salaried employment is how gross annual salary or employment income is calculated. Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application will be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the six months before the date of application (where that employment was held throughout that period).
To calculate this annualised average for non-salaried employment in Category A, the following calculation should be used:
(Total gross income from employment held throughout the 6-month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.
Megan is a British national working in the UK, and her partner Chris is applying to join her from Canada. Megan is in non-salaried employment in the UK, and she works on a weekly rota basis. She had earned £550 each week in the same job for the last seven calendar months, except for the week before the date of application when she earned £100 owing to a holiday. With the formula above, Megan’s non-salaried income will be £27,700. She meets the minimum income requirement.
To discuss your Family Visa application with an experienced immigration adviser, contact our team on 0208 757 5751 or complete our contact form.
Category A: Overseas Sponsor Returning to the UK
Where the applicant’s partner is returning with the applicant to the UK to work, they must meet two different requirements to rely on Category A.
First, the applicant’s partner must be in employment at the date of application and have been with the same employer for at least six months before the date of application. They must be earning at or above the required income threshold. The income earned from employment in a foreign currency will be converted to pounds sterling (£) using the closing spot exchange rate, which appears on www.oanda.com on the date of application.
As with employment in the UK, gross income earned outside the UK from non-salaried employment held throughout the six months will be calculated similarly.
Second, the applicant’s partner must also have a confirmed offer of salaried or nonsalaried employment in the UK, starting within three months of their return. The UK job offer must be at or above the minimum income requirement.
The applicant’s partner currently works in India but is returning with the applicant to the UK to work. The applicant’s partner has worked for the same employer for the last three years in India, earning a gross annual salary of £25,000. The applicant’s partner has a confirmed job offer to start in the UK within six weeks of their return, with an annual salary of £30,000. Therefore, the applicant’s partner has a current gross annual salary and a future starting salary that meet the financial requirement under Category A.
Whether the sponsor is working inside the UK or is returning with the applicant, their income under Category A can be combined with nonemployment income, cash savings and pension income if necessary to meet the financial requirement.
Category B: Working in the UK for less than six months with the same employer or variable income
This category can be used where the applicant’s partner is in salaried or non-salaried employment at the date of application but has not been with the same employer for at least six months before the date of application. Or the applicant’s partner has earned a variable income for at least six months before the date of application.
Also, if the applicant is in the UK with permission to work, they can use their income towards meeting the minimum income requirement. Where the applicant wishes to rely on their own employment income and that of their partner, both parties’ employment and non-employment income must be calculated under Category A or Category B; those categories cannot be used in combination.
Under Category B, the financial requirement must be met and evidenced in two parts.
First, where the person is in salaried or non-salaried employment at the date of application and has been with the same employer or earning the amount relied upon for less than six months, they can count the gross annual salary at the date of application towards the financial requirement. Secondly, the person must demonstrate that they received the amount relied upon during the 12 months preceding the application.
Usually, wages for salaried employment are paid at a minimum flat annual rate subject to a minimum contractual number of hours worked. In contrast, non-salaried employment includes that paid at an hourly rate or an amount that varies based on the work undertaken.
Where the person is in non-salaried employment, the gross annual employment income relied upon in the application can be no greater than the annual equivalent of the person’s average gross monthly income from that non-salaried Employment.
To correctly calculate the annualised average income under this category, the following calculation should be used:
The total gross income from non-salaried employment is divided by the number of months and multiplied by 12 months or 52 weeks or 365 days where the payment is daily.
To meet the first part of the minimum income requirement, the applicant may combine category B income with the applicant’s or partner’s specified non-employment income, such as property rental or interest from shares (provided they continue to own the asset), cash savings above £16,000 held for at least six months, or pension income.
To meet the second part of the MIR, the applicant can combine their actual gross income received from any salaried or non-salaried employment in the 12 months before the application with the actual gross income received from specified non-employment income and pension income. Cash savings cannot be used under the second requirement in this category.
Milo is an Italian national, and his partner Luna works in the UK. Luna started a new job four months before the date of Milo’s application, and her gross annual salary is £30,000. She meets part (1) of the calculation for Category B because she is in salaried employment at the date of application and her gross annual salary meets the minimum income requirement. Before starting her new job, Luna worked for another company for six months during the last 12 months. Including her current and previous job, the total amount Luna has earned from employment in the last 12 months is £40,000. The financial requirement is met under Category B because Luna is currently in a job paying at least £18,600 a year and has earned more than £18,600 from employment in the last 12 months.
Category B: Less than six months with current employer or variable income overseas sponsors returning to the UK
When the applicant’s British partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts.
First, the applicant’s partner must have a confirmed offer of salaried or non-salaried employment that begins within three months of their return to the UK. This must have a gross annual starting salary or income sufficient to meet the financial requirement, alone or in combination with other permitted sources such as non-employment income, cash savings and pension income.
Secondly, the applicant and British partner must have received in the 12 months before the date of application the level of income required to meet the financial requirement, based on the gross amount of salaried or non-salaried employment income overseas of the applicant’s partner. This can be combined with income from permitted sources such as non-employment or pension income.
Financial Documents for UK Partner Visa Employment Income
The evidence required to demonstrate employment income for a UK Partner Visa will depend on your circumstances. Generally, employment evidence may include the following:
- Employment letter confirming details of employment
- Signed employment contract
- Payslips for the relevant period
- P60 Certificate in case of UK employment
- Personal bank statements correlating to the payslips for the required period
- If returning to the UK, a job offer letter confirming employment details with a start date within three months of the applicant’s partner’s return to the UK.
How can we help
The financial requirement rules are particularly complex and include mandatory requirements regarding the documentary evidence that must be provided to the Home Office UKVI to demonstrate access to the relevant funds. An experienced immigration advisor from our team can advise or assist with your application process. Call us to discuss your application at 02087575751 or use our contact form.
Frequently asked questions
Promises of support from a third party cannot be generally counted towards the financial requirement. Permitted sources include the following
– Category A: employment for more than 6 months
– Category B: employment for less than 6 months or variable income
– Category C: Non-employment income, such as property rental income or dividend income
– Category D: cash savings of the applicant and partner
– Category E: State or private pension income
– Category F: self-employment (sole trader, partnership or franchise) and directorships for the recent tax year
– Category G: average income from self-employment or directorships during the recent two tax years.
Yes, getting a mortgage on a spouse visa in the UK is possible, provided you meet the mortgage criteria.
Your British partner’s overseas income will be considered to meet the UK Partner visa financial requirement.