For UK Spouse Visa applications under Appendix FM of the Immigration Rules, the minimum income requirement for new applicants has been set at £29,000 per annum from 11 April 2024, representing a significant increase from the previous £18,600 threshold. The separate child element to the financial requirement has been removed. This means that, regardless of the number of dependent children included in the application, the minimum threshold remains the same.
For many applicants and sponsors, the financial requirement will be met through traditional salaried employment. However, for those whose earnings come from non-salaried or variable employment, the process of meeting and evidencing the requirement is more complex. In this post, we discuss how the Home Office assesses non-salaried income for UK Spouse Visa applications.
Understanding Non-Salaried Employment
Non-salaried employment refers to work where there is no fixed annual salary guaranteed by contract. Instead, earnings fluctuate based on hours worked, tasks completed, or commissions earned. This may apply whether the role is permanent, fixed-term, or agency-based.
Common examples include:
- Zero-hour contracts in sectors such as hospitality, retail, or security
- Casual week-to-week jobs such as cleaning or delivery services
- Commission-based roles in sales, real estate, or creative industries
- Freelance work where payment is based on invoiced projects or irregular assignments
The key distinction from salaried employment lies in the pay structure. In salaried roles, the contractual annual salary is fixed and typically based on a set number of hours per week, whereas in non-salaried roles, income depends on actual output, hours worked, or other performance measures.
Where the sponsor, or the applicant if in the UK with permission to work, receives a fixed gross annual salary paid into a personal bank account on a monthly or weekly basis, calculating the income for a Spouse Visa application is relatively straightforward. However, where income varies, as is the case with non-salaried employment, the Home Office UKVI applies different calculation methods to determine whether the financial requirement is met.
Applicable Categories for Non-Salaried Income
The category under which non-salaried income is assessed depends on the length of time the sponsor or applicant has been in that specific employment at the date of application:
- Category A applies where the individual has been in the same non-salaried employment for at least six months.
- Category B applies where the individual has been in that employment for less than six months.
These income categories are set out in Appendix FM-SE (Specified Evidence) of the Immigration Rules and applied strictly by caseworkers.
Category A – Six Months or More in the Same Non-Salaried Employment
Where the sponsor has been employed in the same non-salaried role for at least six months prior to the date of application, the gross annual income is calculated using an annualised average of earnings from the most recent six months. The calculation is:
(Total gross income from the six months ÷ 6) × 12 = annualised non-salaried income
If paid weekly, the total gross income from the last 26 weeks is used before dividing by 6 and multiplying by 12.
This method can work to the applicant’s advantage if additional hours or overtime have been worked during the period. However, it also carries the risk that a reduction in available hours or earnings within those six months could bring the average below the £29,000 threshold. Careful monitoring of income over the qualifying period is therefore essential.
Category B – Less Than Six Months in Non-Salaried Employment
Category B applies where the sponsor has been in non-salaried employment for less than six months or where income is highly variable. This category involves two separate tests, both of which must be met to rely solely on non-salaried income:
- Current Annualised Income Test – Using the same formula as Category A, calculate the current annualised income at the date of application. This figure must meet or exceed the £29,000 threshold.
- Historic 12-Month Income Test – Calculate the total gross income from all non-salaried employment in the 12 months prior to the application date. This must also meet or exceed the threshold.
If the income at the current annualised rate is below the requirement, the applicant may add specified non-employment income, such as rental income, dividends, or pension payments, to the calculation.
Income Types That Can Be Included
For non-salaried employment, the Home Office permits inclusion of various payment types in the calculation, provided they are demonstrated correctly. These include overtime payments, commission, bonuses, and tips (where paid through a tronc scheme registered with HMRC). Payments to cover travel time may also be included. All such earnings are assessed based on the actual income received during the relevant calculation period; future projected earnings are disregarded, except in limited cases where the sponsor is returning to the UK with a confirmed job offer.
Combining Income Sources
The Immigration Rules allow non-salaried income to be combined with other permitted income streams in certain situations. Under Category B, this can include:
- Category C – Specified non-employment income, such as rental income or dividends
- Category E – Pension income from a state or private pension
It is important to note that cash savings under Category D Cash Savings cannot be combined with the historic income calculation under Category B, although they may be used independently to meet the financial requirement if the savings exceed £88,500 (to meet a £29,000 threshold).
Where both partners are employed and combining incomes, they must both be assessed under the same category; a mix of Category A and Category B calculations is not permitted.
Read more on which income sources can be combined for a UK Spouse Visa?
Evidencing Non-Salaried Income
Appendix FM-SE prescribes strict evidential requirements for non-salaried income, including original payslips, corresponding bank statements showing payment, and a letter from the employer confirming terms of employment and payment arrangements. In cases involving multiple employers or variable contracts, ensuring complete and consistent documentation is important for a successful application.
How Whytecroft Ford Can Help
At Whytecroft Ford, we have extensive experience in preparing successful UK Spouse Visa applications involving non-salaried and variable income.
If you are relying on variable earnings to meet the financial requirement for your UK Spouse Visa, our specialist immigration team can guide you through every stage of the process. Contact us on +44 208 757 5751 or via our contact form to arrange a consultation.
