The minimum income requirement for UK partner visas was recently raised for new applicants. Couples already on the partner route can still apply under the earlier threshold, but only where certain conditions are met. Applying under the wrong threshold at an extension or at settlement can lead to a refusal. This post provides an overview of which financial requirement applies at a UK spouse visa extension and at indefinite leave to remain.
Which financial requirement applies at a spouse visa extension?
It depends on when the applicant first applied on the partner route. A person whose first application was made on or after 11 April 2024 must show a gross annual income of at least £29,000. A person whose first successful application was made before that date can rely on £18,600 when extending with the same partner.
The two thresholds sit side by side in Appendix FM of the Immigration Rules. Paragraph E-LTRP.3.1 sets the £29,000 figure for a first application on the partner route on or after 11 April 2024. Paragraphs E-LTRP.3.5 to E-LTRP.3.8 set the transitional financial requirement for those who started earlier.
Paragraph E-LTRP.3.2 applies one list of permitted income sources to both thresholds. The choice of threshold therefore does not change which income counts towards the UK spouse visa financial requirement.
Who can still use the £18,600 threshold?
The transitional threshold applies only where every condition in the Rules is met. As per Appendix FM of the Immigration Rules, the £18,600 threshold applies where:
- the applicant made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful;
- the applicant has permission as a partner on the five-year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of the new application; and
- the applicant is applying for permission to stay with the same partner for which they were last granted permission.
The transitional rule also covers a first application as a fiancé, fiancée or proposed civil partner made before 11 April 2024. The permission must have been granted, and the extension must be with the same partner.
Whytecroft Ford’s immigration team can confirm which threshold applies before a spouse visa extension is prepared. Call 0208 757 5751 or use the contact form.
What happens if the applicant has a new partner?
The applicant must meet the £29,000 threshold. Paragraph E-LTRP.3.6 states that those applying for permission to stay with a new partner must meet the financial requirement at E-LTRP.3.1 to E-LTRP.3.4.
The date of the applicant’s first partner application does not change this. A person first granted permission in 2022 with a former partner, who now applies with a new spouse, is assessed at £29,000.
Does the £18,600 threshold rise for children?
Yes. Under paragraph E-LTRP.3.7, the transitional threshold rises by £3,800 for the first child and £2,400 for each additional child. As per Appendix FM of the Immigration Rules, a child counts towards the transitional threshold where the child depends on the applicant or partner and:
- the child is under the age of 18 years, or was under the age of 18 years when first granted entry under this route;
- the child is applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
- the child is not a British Citizen, settled in the UK, or in the UK with valid limited leave to enter or remain granted under paragraph EU3 or EU3A of Appendix EU; and
- the child is not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.
Paragraph E-LTRP.3.8 caps the total at £29,000. Where children take the transitional requirement above that figure, the applicant only needs to show £29,000.
| Children who count | Transitional threshold |
|---|---|
| None | £18,600 |
| One | £22,400 |
| Two | £24,800 |
| Three | £27,200 |
| Four or more | £29,000 (capped) |
Do children add to the £29,000 threshold?
No. Paragraph E-LTRP.3.1 sets a single figure of £29,000 for an applicant whose first partner application was made on or after 11 April 2024. There is no separate addition for each child at that threshold.
A family on the £29,000 threshold with several children therefore shows the same income as a couple with no children. A family on the transitional threshold with four or more qualifying children reaches the same £29,000 figure through the cap.
Which threshold applies at indefinite leave to remain?
The same test applies at settlement. Paragraph E-ILRP.1.3(1A) requires a partner applying for indefinite leave to remain to meet all the requirements of Section E-LTRP. Those requirements include the financial requirement.
An applicant who qualified for the transitional threshold at the extension stage therefore applies the same E-LTRP.3.5 test again at settlement. The applicant must still hold permission as a partner and be applying with the same partner. Paragraph E-ILRP.1.4 also provides that only periods with the same partner count towards the 5 years. Any period of leave as a fiancé(e) or proposed civil partner is also disregarded under E-ILRP.1.3(2).
Paragraph E-ILRP.1.3(1A) refers to E-LTRP.3.7 by name, so the child additions and the £29,000 cap described above also apply at settlement.
An applicant for indefinite leave to remain as a partner applies on the SET(M) application form. The other settlement requirements apply as well. Whytecroft Ford’s immigration team can confirm which threshold applies to a settlement application. Call 0208 757 5751 to arrange a review.
How much cash savings are needed at extension and ILR?
Less is needed at indefinite leave to remain than at an extension. Savings can be used alone or alongside income, and the savings figure starts at £16,000 plus an amount linked to any shortfall in income.
At an extension, the additional savings are 2.5 times the shortfall between the income relied on and the threshold. At indefinite leave to remain, paragraph E-ILRP.1.3(1A) disregards the words “2.5 times”, so the shortfall is counted once.
Where cash savings are relied on with no income at all, the figures are:
| Stage | £29,000 threshold | £18,600 threshold |
|---|---|---|
| Extension | £88,500 | £62,500 |
| Indefinite leave to remain | £45,000 | £34,600 |
Cash savings for a spouse visa must also meet holding-period and evidence rules, not only the amount. One Whytecroft Ford client, a spouse of a British citizen, settled relying on cash savings measured against the £34,600 figure.
Whytecroft Ford’s immigration team can check whether savings, income or a combination best meets the threshold at each stage. Use the contact form to arrange a review.
Frequently asked questions
Is the £18,600 threshold before or after tax?
Before tax. Paragraph E-LTRP.3.7 refers to a specified gross annual income of at least £18,600, so the figure is measured before tax and other deductions.
Does a refused application before 11 April 2024 count?
No. Paragraph E-LTRP.3.5 refers to an application made before 11 April 2024 which was successful. A refused application made before that date does not bring the applicant within the transitional threshold.
Does time on another visa affect the £18,600 threshold?
Yes, on the wording of the Rules. Paragraph E-LTRP.3.5 applies to a person who holds permission as a partner, fiancé(e) or proposed civil partner at the date of application. An applicant who holds permission on another route at that date does not meet that condition.
Is the threshold based on the applicant’s income or the couple’s income?
Both can count. Paragraph E-LTRP.3.2 allows the partner’s income and the applicant’s own specified employment or self-employment income, unless the applicant is working illegally. Each income source relied on changes the documents needed for a spouse visa extension.
How Whytecroft Ford can help
The financial requirement at an extension or at settlement depends on dates, the partner, the children who count and the form of the funds. A couple who apply under the wrong threshold, or count a child who does not qualify, risk a refusal. Whytecroft Ford’s immigration team is experienced, approachable and professional. The team prepares spouse visa extensions and settlement applications every day, including applications under the transitional threshold.
To discuss your extension or settlement application with our team, call 0208 757 5751 or use the contact form.
Disclaimer: The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
