By Leena Chouhan, Taylor Hampton Solicitors
Explained here: Often overlooked details of the financial requirement for UK spouse and partner visas.
The minimum income threshold under Appendix FM can seem simple at first glance, but it’s not just about how much money you have. Instead, it’s about how that income is earned, how it’s calculated, and whether it’s supported by the right documentation.
Even well-prepared applicants can be caught out if they rely on the wrong source of income or submit the right evidence in the wrong format. Whether your income comes from employment, pensions, property, savings, or self-employment, each category comes with its own rules, timelines, and pitfalls.
Two Key Financial Requirements for Appendix FM
To qualify, you must meet:
- A minimum income threshold.
- An adequate accommodation requirement.
We’re focusing on the income threshold here.
Where the Rules Are Currently
The guidance is split across:
- Appendix FM (Family Migration),
- Appendix FM-SE (Specified Evidence), and
- Home Office policy guidance.
The rules for spouse and partner visas sit under “Family life with a partner” in Appendix FM.
Appendix FM-SE explains how to prove your income. It also outlines how different types of income are calculated.
Start with the Basics
First, check the income threshold that applies to you. Then, check whether you can meet that amount—and prove it.
From 11 April 2024, the income threshold is £29,000 for new partner applicants. This amount is fixed, even if children are applying.
If you’re already in the visa route before 11 April 2024:
- The minimum income is £18,600 (with no children).
- Add £3,800 for the first child.
- Add £2,400 for each additional child.
The total will not exceed £29,000.
A child is classed as dependent if they are:
- Under 18, or
- Were under 18 when they first applied under Appendix FM.
Categories of Income
The Home Office divides income sources into Categories A–G. These are not in the rules but appear in guidance:
- A & B: Employment income
- C: Non-employment income
- D: Cash savings
- E: Pension income
- F & G: Self-employment or income from a limited company
Some categories can be combined. Others cannot.
Employment Income (UK and Overseas)
You can use the sponsor’s income from salaried or non-salaried work. The applicant’s employment income only counts if they’re already in the UK with work permission.
- Salaried means regular pay (usually annual) with set hours.
- Non-salaried means variable pay or hours.
Always use gross income (before tax).
Income earned abroad can count, but be cautious. If the sponsor works overseas, they’ll need strong evidence that they intend to live in the UK permanently.
Category A – Employed for at Least 6 Months
This is the simplest route. You must have worked for the same employer for the last 6 months before applying. Your gross annual salary must meet the income threshold throughout.
Returning to the UK from Overseas?
You can combine:
- Income from overseas employment in the last 6 months, and
- A confirmed UK job offer starting within 3 months of return,
so long as both incomes meet the threshold.
Category B – Less than 6 Months with Current Employer
This involves two parts: Both must meet the minimum threshold.
1. Your current gross annual income at the time of application.
2. The actual income received in the last 12 months.
If you’re in non-salaried work, the income is annualised based on what you’ve earned so far.
Category C – Non-Employment Income
You can also use:
- Rental income
- Investment income
- Maintenance payments
- UK maternity, bereavement or war pensions
- Study grants or stipends
- Insurance or legal settlements
- Royalties
The income must have been received during the 12 months before your application.
Category D – Cash Savings
You can use savings held by the applicant, sponsor, or both. The funds must:
- Be in a regulated bank account
- Be instantly accessible
- Have been under your control for at least 6 months
Important: Only savings above £16,000 count towards the income threshold.
How Much Savings Do You Need?
Use this formula:
(Income shortfall × 2.5) + £16,000
- For the new £29,000 threshold:
£29,000 × 2.5 + £16,000 = £88,500 - For the older £18,600 threshold:
£62,500
Category E: Pension Income
You can use pension income to meet the minimum income threshold if it’s received by either the applicant or sponsor. This includes:
- UK state pension
- Foreign state pension
- Occupational pension
- Private pension
Key rules:
- The pension must have started paying out at least 28 days before the application date.
- The income must be gross annual income (before tax).
Evidence required:
- Official documentation showing the pension amount from a recognised authority (UK or foreign).
- Personal bank statements from within the last 12 months, showing the pension being paid in.
Categories F & G: Self-Employment and Company Income
These apply where the sponsor (or applicant, if working in the UK) is:
- Self-employed, or
- A director or employee of a “specified limited company”
Category F
- Uses income from the last full financial year.
Category G
- Uses the average income from the last two financial years.
Self-employment specifics:
- For UK applicants, the tax year is 6 April to 5 April.
- Income considered is gross taxable profits, not after deductions.
Specified limited company rules: You must use F or G if:
- The sponsor or applicant is a director/employee.
- The company is family-owned (shares held by the sponsor/applicant or close family).
- Fewer than five people hold the remaining shares.
Extra evidence needed:
- Payslips, dividend vouchers, and personal bank statements.
- Full company financial documents as per Appendix FM-SE paras 7 and 9.
Benefits: Exemption from Minimum Income Requirement
If the sponsor receives one of the specified benefits, they only need to meet the “adequate maintenance” requirement instead.
These include (but not limited to):
- Disability living allowance (DLA)
- Carer’s allowance
- Personal independence payment (PIP)
- Attendance allowance
- Armed forces payments
- Equivalent Scottish benefits (e.g. Child Disability Payment, Adult Disability Payment)
This is a lower financial bar compared to the standard £29,000 threshold.
Exceptional Circumstances
If none of the above categories apply or the income is slightly below the threshold, other reliable income sources may be considered.
This flexibility is the result of case law challenging the rigidity of the rules. However, these cases are assessed on their individual merits and require strong supporting evidence.
If you’re unsure which category applies or how to gather the right evidence, professional advice is key. Visa refusals are often avoidable with the right support.
Taylor Hampton Solicitors can help.
Leena Chouhan is a solicitor at Taylor Hampton, specialising in immigration law with a focus on family and partner visas. She advises clients on complex applications and works closely with individuals and families navigating the UK’s immigration system.