House of Commons Report: Partner Visa Financial Requirements
In This Article
1. Overview of the Financial Requirements for Partner Visas
2. Changes to the Partner Visa Financial Requirement: Timeline and Impact
3. Criticism of the UK’s Minimum Income Requirement for Partner Visas
4. The Rising Threshold: Financial Requirement vs. Minimum Wage
5. Debate on Regional Income Thresholds for Partner Visas
6. Disproportionate Impact of Partner Visa Financial Requirements on Vulnerable Groups
7. Challenges and Criticisms of the Partner Visa Financial Evidence Requirements
8. Was the cost/benefit assessment accurate?
9. Criticism of the Financial Requirement’s Impact on Family Life and Integration
10. Parliamentary Scrutiny and Debate on the Financial Requirement for Partner Visas
11. Legal Challenges and Judicial Scrutiny of the Minimum Income Requirement
12. Uncertainty Around the Impact of the Financial Requirement on Family Visa Applications
13. Raising the Financial Requirement: Government Plans and Paused Increases
14. Opposition to Financial Requirement Increases and Calls for Reform
15. Government’s Proposed Increase and Ongoing Review of Financial Requirement
16. Labour’s Review of the Financial Requirement and the Role of the MAC
17. Contact Our Immigration Barristers
18. Frequently Asked Questions
19. Glossary
1. Overview of the Financial Requirements for Partner Visas
On 13 January 2025, the House of Commons Library published a Research Briefing Report on the financial requirement for partner visas. You can download the full document The Research Briefing.
The Research Briefing explores four main areas, namely:
- What is the financial requirement?
- How is the financial requirement satisfied?
- Scrutiny and opposition
- Recent and future developments
Richmond Chambers offers a comprehensive collection of articles on our Knowledge Centre on the financial requirement and the various ways it can be met:
- ‘UK Partner and Family Visa Financial Requirements Explained’
- ‘UK Partner & Family Visa Financial Requirement: Employment Income’
- ‘Satisfying the Appendix FM Partner Visa Financial Requirement Based on Employment Income (Part 2)’
- ‘Appendix FM Financial Requirement: Variable Income From Non-Salaried Employment’
- ‘Self-Employment Income and the Partner Visa Financial Requirement’
- ‘Partner & Family Visa Financial Requirement: Non-Employment Income’
- ‘Partner Visa Financial Requirement: Savings, Investments and Pensions’
- ‘How to Satisfy the Partner Visa Financial Requirement as a Company Director’
This article will touch upon the findings of the House of Commons Library report with regards to scrutiny and opposition to the financial requirement, as well as recent and future developments around the financial requirement. On 11 April 2024, the financial requirement was increased from £18,600 to £29,000, with proposed further increases to £34,000 and £38,700. The current Labour Government has paused further increases and maintained the £29,000 threshold.
2. Changes to the Partner Visa Financial Requirement: Timeline and Impact
On 4 December 2023, Home Secretary James Cleverly announced a “five-point plan” to reduce immigration, including raising the minimum income threshold for partner visas. Initially set to rise from £18,600 to £38,700 in spring 2024, the increase was later phased: £29,000 in April 2024, followed by £34,000 later in 2024, and £38,700 in early 2025. Only the £29,000 increase occurred before the July 2024 general election, effective from 11 April 2024.
This change was not retrospective; applicants before 11 April remain subject to the £18,600 threshold for all future applications. Another key change eliminated higher thresholds for families with children. When the financial threshold was set at £18,600, sponsors needed an additional £3,800 to sponsor one child and £2,400 for each additional child. This extra requirement has since been abolished. The Home Office analysis found that the impact on immigration numbers was very uncertain but might be “in the low tens of thousands”. However, the government emphasised that a key principle was ensuring sponsors could financially support their partner before bringing them to the UK.
3. Criticism of the UK’s Minimum Income Requirement for Partner Visas
Migrants’ rights groups and others argue that the UK’s minimum income requirement, which applies to British, Irish and permanently settled individuals bringing a foreign spouse or partner to the country, is unfair, particularly as it can prevent British citizens on lower incomes from doing so. The policy, introduced under the 2010 – 2015 Coalition government, sparked significant debate. The threshold was increased from £18,600 to £29,000 in April 2024, prompting renewed scrutiny.
In 2017, the Supreme Court upheld the policy following a legal challenge but required some changes to offer greater flexibility. Various civil society organisations, such as the Joint Council for the Welfare of Immigrants, Migrants’ Rights Network, and Reunite Families UK, have criticised the requirement in principle, arguing it is unjust for a British citizen’s right to live in the UK with a foreign partner to be dependent on the British citizen’s income level. Specific criticisms include: the level of the threshold, its unequal impact across regions and certain demographic groups, burdensome evidence requirements, effects on family life, and its fiscal impact.
4. The Rising Threshold: Financial Requirement vs. Minimum Wage
When the minimum income requirement of £18,600 was introduced in 2012, it was significantly higher than the then minimum wage, with 40-45% of UK residents earning less than this amount. A 2015 report from the Children’s Commissioner for England highlighted that, relative to earnings, the UK’s financial requirement for family visas was the highest in the world.
While increases to the minimum wage since 2012 allowed full-time workers to typically meet the £18,600 threshold, the recent rise to £29,000 has again set the requirement above the earnings of a full-time minimum wage worker. The Immigration Law Practitioners’ Association has pointed out that the £29,000 threshold exceeds the typical salary level for many professionals in junior roles, including those in the NHS and the Home Office.
5. Debate on Regional Income Thresholds for Partner Visas
Some have proposed variable income thresholds to account for regional wage differences across the UK and abroad. In 2022, 16% of British employees in London couldn’t meet the income requirement to sponsor a partner visa, but this rises to 30% in Yorkshire and Humberside, and around 25% in Scotland, Wales, and Northern Ireland—mainly affecting part-time workers.
However, the Migration Advisory Committee’s 2011 report did not support regional thresholds, arguing that a single national threshold offered clarity and simplicity. It also noted that regional thresholds would be difficult to enforce, as sponsors could potentially move temporarily to areas with lower income requirements to secure a visa. The Coalition government agreed with this stance.
6. Disproportionate Impact of Partner Visa Financial Requirements on Vulnerable Groups
Campaigners, such as Reunite Families UK, argue that the financial requirement for sponsoring a partner visa disproportionately affects certain groups, especially women, young people, employees outside London or the South East, and working single mothers. Migration Observatory research from 2023 showed that 35% of women employees, compared to 16% of men, did not earn enough to meet the threshold. Additionally, 28% of non-white employees and 25% of white employees fell short. The study also found that 27% of British nationals in their 20s, 18% of those aged 30-44, and 25% of those aged 45-64 did not earn enough to meet the requirement.
In 2017, the Supreme Court acknowledged the disproportionate impact on women, certain ethnic groups, and regions, but ruled that it didn’t make the policy unlawful. The Home Office has since published an equality impact assessment regarding the increase from £18,600 to £29,000.
7. Challenges and Criticisms of the Partner Visa Financial Evidence Requirements
In 2022, BritCits and the Centre for Care at the University of Sheffield described the evidential requirements for sponsoring a partner visa as “highly complex” in their submission to the House of Lords Justice and Home Affairs Committee. While restrictions on permissible income sources have been relaxed in cases involving human rights issues, no such flexibility exists for standard applications. Successive governments have resisted expanding the range of acceptable income sources, with ministers arguing that third-party support is unreliable due to potential changes in circumstances, and that promises or prospects of employment in the UK are difficult to verify and do not guarantee a job.
8. Was the Cost/Benefit Assessment Accurate?
The economic impact of the minimum income requirement has been debated, particularly regarding the accuracy of its cost/benefit assessment. The Home Office’s 2012 impact assessment estimated a net benefit of £660 million over ten years. However, academics at Middlesex University argued that the Coalition government failed to consider the wider economic benefits of migrant partners’ contributions to the UK workforce. The Coalition government did not accept these conclusions.
9. Criticism of the Financial Requirement’s Impact on Family Life and Integration
The financial requirement has been criticised for negatively impacting family life, with some families arguing that it undermines self-sufficiency and family unity. Research by the Children’s Commissioner estimated that 15,000 children were separated from a parent between 2012 and 2015 due to the policy.
Critics also argue that the policy is counterproductive to its goals of promoting integration and reducing taxpayer burdens. Civil society organisations have pointed out that meeting the threshold often forces people to work long hours or multiple jobs, hindering their ability to integrate. Additionally, some sponsors have had to rely on public funds, which could have been avoided if their partner had been allowed to join them in the UK.
In 2020, the Migration Advisory Committee (MAC) expressed concern that previous analysis had given “too much weight to the fiscal contribution of such migrants and insufficient attention to the benefits that accrue, to both the family and society”.
10. Parliamentary Scrutiny and Debate on the Financial Requirement for Partner Visas
Since its introduction in 2012, the financial requirement has drawn significant parliamentary interest. In 2013, the All-Party Parliamentary Group on Migration recommended an independent review of the policy’s balance of interests, but the Coalition government declined, asserting the rules were functioning as intended. The Coalition government did say it would keep the family immigration rules’ impact under review.
In February 2023, the House of Lords Justice and Home Affairs Committee report on family migration questioned the policy’s effectiveness. The committee stated that it did not “receive any evidence suggesting that the financial requirement is achieving its aims”. It recommended shifting to a more flexible approach that would assess applicants based on prospective future earnings (rather than the sponsor’s past income), aligning the financial requirement with benefits levels.
The government rejected this, stating that the purpose of the requirement was to ensure fairness and consistency. They also expressed concerns about evidencing and assessing future income, and the risk of destitution and seeking public funds. Chapter 5 of the report considered the evidential requirements and highlighted the complexity of the rules, recommending simplified processes and multiple ways to meet requirements.
MPs debated the policy on 20 January 2025 in Westminster Hall after a petition received over 100,000 opposing the new financial requirement increase. MPs highlighted the adverse impact on family unity, especially those with children. MPs noted many essential workers, such as teachers, nurses, and police officers, earn below the proposed threshold. Some MPs argued that the policy is counterproductive to economic growth, especially in sectors like hospitality, research, and dentistry, which rely on workers from abroad. They contended that the income requirement might deter talent and harm the UK’s economy. You can read the full debate Family Visas: Income Requirements.
11. Legal Challenges and Judicial Scrutiny of the Minimum Income Requirement
In the case ‘MM Lebanon’, the £18,600 minimum income threshold for family migration was upheld by the Supreme Court as lawful in principle, despite acknowledging it could cause hardship. The Supreme Court found a rational connection between the policy’s aims and the threshold, praising the MAC’s approach as “a model of economic rationality”.
However, the Supreme Court ruled that the Immigration Rules and guidance unlawfully failed to consider children’s best interests, and called for more flexibility in funding sources. For example, one of the appellants, MM, the inflexible rules excluded his wife’s earnings and family support, despite their strong case for admission:
“The most striking example, in the cases before us, is found in that of MM and his wife… On the face of it there is a strong case on the merits for admitting her consistently with the general objectives of the new rules. The couple have no realistic prospect of living together in any other country, and, although his earnings on their own are below [£18,600], she is a pharmacist with good prospects of finding skilled employment here, and they have apparently credible promises of support from other family members. They are unlikely to be a burden on the state, or unable, due to lack of resources, to integrate. Yet the strict application of the rules will exclude them”
Following the judgment, the Home Office revised the policy in 2017 to address children’s interests and change permitted sources of funds.
In June 2024, Reunite Families UK legally began a legal challenge to the proposed £38,700 threshold.
R (MM Lebanon) v Secretary of State for the Home Department [2017] UKSC 10 has been explored before by Richmond Chambers. To read more please see our previous article Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case.
12. Uncertainty Around the Impact of the Financial Requirement on Family Visa Applications
In 2018, the Migration Observatory investigated the number of people who had been prevented from entering the UK due to the financial requirement, but concluded the exact figure “cannot be known.” This is due to the fact visa refusal reasons are not recorded, and those deterred from applying due to ineligibility cannot be counted. Estimates suggested the number was in the tens of thousands, based on four different methods. A 2012 Home Office impact assessment predicted a reduction of 13,600–17,800 family visas annually, although this was likely overestimated, as it did not account for behavioural changes, such as applicants adjusting their circumstances to meet the requirement.
13. Raising the Financial Requirement: Government Plans and Paused Increases
The Sunak government raised the financial requirement for new applicants from £18,600 per year to £29,000 in April 2024, and announced plans to increase it to £38,700 in early 2025. However, the Starmer government has paused any further increases, holding the threshold at £29,000 until the policy review has been formalised in a report due in June 2025.
14. Opposition to Financial Requirement Increases and Calls for Reform
Migrants’ rights groups have opposed increases to the minimum income threshold. A joint parliamentary briefing by Migrant Voice, British in Europe, Praxis and Reunite Families UK said that the financial requirement should be abolished or reformed.
The government did not consult the Migration Advisory Committee (MAC) before deciding on the increase in 2024, despite the original £18,600 threshold surviving legal challenges due to MAC’s rigorous analysis. Some Conservative MPs criticised delays in raising the threshold to £38,700. Opposition Labour MPs, such as Afzal Khan, presented a petition in February 2024 calling on the government not to implement the increase to £38,700. The petition highlighted the policy’s disproportionate impact on lower-paid workers, particularly those of Pakistani and Bangladeshi heritage.
Liberal Democrat MP, Alistair Carmichael, introduced a Private Member’s Bill to prohibit any increases. During an April 2024 Westminster Hall debate, where 90 MPs discussed the increase, the Labour MP Paul Blomfield noted that many UK employees earn less than the proposed thresholds. Government minister Tom Pursglove defended the policy as a balance between the right to family life and economic wellbeing.
The House of Lords Secondary Legislation Scrutiny Committee also criticised the lack of consultation and failure to publish the relevant impact assessment and equalities analysis. The Home Office did release those documents six months later. In May 2024, Labour Baroness Lister of Burtersett questioned the argument that the financial requirement promotes integration, while Lord Sharpe of Epsom argued the increase was long overdue, given the threshold had been unchanged for over a decade.
15. Government’s Proposed Increase and Ongoing Review of Financial Requirement
The Conservative government aimed to raise the financial requirement for partner visas to £38,700, matching the minimum salary required to sponsor a Skilled Worker visa. The £29,000 threshold, implemented in April 2024, was intended as a temporary staging post to this goal. While the Skilled Worker minimum salary is designed to prevent foreign workers from undercutting domestic wages, its relevance to family visas, intended to ensure sponsors can avoid reliance on public funds, is unclear. Immigration Minister Tom Pursglove justified aligning both thresholds, stating it supports the UK’s ambition for a high-wage, high-productivity economy. However, following the July 2024 general election and a change in government, the £29,000 threshold remains in place pending a policy review.
16. Labour’s Review of the Financial Requirement and the Role of the MAC
In response to concerns about the financial requirement increases, Labour announced it would review the evidence before determining an appropriate threshold. Upon taking office in July, Home Secretary Yvette Cooper initiated a major review of the financial requirement, which will remain at £29,000 until the review is completed.
She stated:
“The Family Immigration Rules, including the Minimum Income Requirement, need to balance a respect for family life whilst also ensuring the economic wellbeing of the UK is maintained. To help ensure we reach the right balance and have a solid evidence base for any change, I will commission the [Migration Advisory Committee] to review the financial requirements in the Family Immigration Rules. The Minimum Income Requirement is currently set at £29,000 and there will be no further changes until the MAC review is complete.”
Home Secretary Yvette Cooper commissioned the Migration Advisory Committee (MAC) to assess the rules, balancing family life with the UK’s economic wellbeing. This is different from the question the MAC was asked in 2011, which focused solely on what income level was needed to prevent partners “becoming a burden on the state”.
The review, set to report in June 2025, includes examining previous government proposals, which will likely include linking the threshold to the Skilled Worker visa salary. The MAC will likely consider various income reference points, such as average UK earnings or the level of income needed to make someone a net fiscal contributor (that is, paying more in tax than they receive in public services). However, it is unlikely to recommend abolishing the financial requirement entirely.
Please note that if you are currently on a partner visa route, you may receive a letter inviting you to participate in research commissioned by the MAC. This has been discussed in our previous article ‘Help Shape the Future of Family Visa Financial Requirements’.
17. Contact Our Immigration Barristers
In this article we have highlighted some of the key subjects discussed in the House of Commons Library report on ‘The financial (minimum income) requirement for partner visas’.
For expert advice in relation to UK visa applications or immigration appeals for the partner route, and or the financial requirement, please contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
