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Satisfying the Appendix FM Partner Visa Financial Requirement Based on Employment Income (Part 2)

Appendix FM Partner Visa Financial Requirement: Category B Employment Income

By Anna Bregstein - Immigration Barrister
Anna Bregstein

Part 1 of this series explains Category A employment income. This Part 2 guide considers Category B, which is commonly used where the person whose employment income is relied on has been with their current employer for less than six months, or has been employed for longer but does not rely on the Category A method.

This article forms part of our wider Partner and Family Visa coverage. It explains the two calculations that must be satisfied, the treatment of salaried and non-salaried work, permitted combinations, specified evidence and the position of a sponsor returning to the UK.

1. When Does Employment Income Fall Under Category B?

Category B is often relevant after a recent job change, where only a short period of payslips is available from the current employer. It may also be chosen by someone who has been employed for at least six months but does not rely on the Category A calculation.

Variable earnings do not automatically mean that Category B must be used. A person in non-salaried employment can use Category A where the current employment has been held throughout the six months before application and the applicable six-month average meets the requirement. The correct category therefore depends on the employment history and the calculation relied upon, not simply whether monthly earnings fluctuate.

2. Which Minimum Income Threshold Applies?

The applicable threshold is set by Appendix FM and depends on the applicant’s route history.

  • A person making their first qualifying partner-route application on or after 11 April 2024 will normally need to meet a gross annual income requirement of at least £29,000.
  • An eligible person continuing on the five-year partner route with the same partner after a successful application made before 11 April 2024 will normally remain within the transitional regime: £18,600, plus £3,800 for the first relevant child and £2,400 for each additional relevant child, capped at £29,000.

Different provisions apply where the adequate-maintenance test is engaged. Before carrying out any Category B calculation, it is therefore important to identify the correct threshold for the particular application.

3. The Two-Part Category B Test

Appendix FM-SE sets the calculation methods and the specified evidence required for Category B.

Category B cases must satisfy two separate tests:

  • Part 1 – current annualised income: the gross annual salary at the date of application, or the annual equivalent of current non-salaried income, together with any permitted specified non-employment and pension income.
  • Part 2 – actual income in the previous twelve months: the total permitted employment, specified non-employment and pension income actually received in the twelve months before the application.

Both parts must meet the applicable threshold. A strong current salary does not compensate for a shortfall in the actual twelve-month income test, and actual historical earnings do not compensate for a current-income shortfall.

4. Combining the Applicant and Sponsor’s Employment Income

Where the applicant is in the UK, aged 18 or over and working legally, their employment income may be added to the sponsor’s. However, if both parties rely on employment income, all of that employment income must be calculated under Category A or all under Category B with the twelve-month test. Category A and Category B employment income cannot be mixed in the same application.

For an entry-clearance application, the applicant’s overseas employment income and prospective UK earnings may not be relied upon as specified employment income. The sponsor’s qualifying employment or self-employment income will be the relevant employment source.

5. Part 1: Current Salaried Employment Income

For a person in salaried employment, Part 1 normally uses the gross annual salary as it stands on the date of application. The employment does not need to have been held for at least six months under Category B, but the current employment and salary must be established by the specified evidence. The first payment will need to be evidenced by a payslip and corresponding bank statement showing the incoming salary payment, together with a letter from the employer outlining the requisite details. These documents are mandatory in a Partner visa application.

Overtime, commission, bonuses and certain allowances can be treated differently from basic salary and should not simply be assumed to form part of the contractual annual salary. The applicable averaging and evidence rules must be considered separately.

6. Part 1: Current Non-Salaried Employment Income

Non-salaried employment includes work paid at an hourly or other rate where the hours or pattern of work may vary, or where pay varies according to the work undertaken.

  • If the current non-salaried employment has been held for more than one month, calculate the average gross monthly income over the period for which that current employment has been held, then multiply by 12.
  • If the current non-salaried employment has been held for no more than one month, annualise the gross income received in the period immediately before the application.

This is different from the Category A non-salaried method, which uses the average over the six months before application where the employment was held throughout that period.

7. Category B Example: Salaried Employment

A sponsor working in the UK moved to a new salaried job four months ago. Their current gross annual salary is £36,000. Before that, they worked for eight months at a gross annual salary of £28,500.

Part 1 is met because the current gross annual salary is £36,000.

  • Actual income from eight months in the previous job: (£28,500 / 12) x 8 = £19,000.
  • Actual income from four months in the current job: (£36,000 / 12) x 4 = £12,000.
  • Total actual employment income in the previous twelve months: £31,000.

On a £29,000 threshold, Part 2 is also met. The sponsor can therefore rely on Category B despite having held the current job for only four months, provided the specified evidence is supplied.

8. Category B Example: Non-Salaried Employment

An applicant who is lawfully working in the UK has held their current non-salaried video-editing employment for four months. Their gross monthly earnings in that current employment were £2,400, £2,700, £2,100 and £3,000.

Part 1 is calculated as follows:

  • Total gross income in the four-month current-employment period: £10,200.
  • Average gross monthly income: £10,200 / 4 = £2,550.
  • Current annualised income: £2,550 x 12 = £30,600.

If the applicant’s total permitted actual income in the twelve months before application is £31,200, Part 2 is also met on a £29,000 threshold. The calculation must use the earnings from the relevant current-employment period and the actual income received in the separate twelve-month period; the figures should not be interchanged.

9. Combining Category B With Other Income Sources

Category B employment income can be combined, where permitted, with specified non-employment income, pension income and cash savings.

For Part 1, specified non-employment income and pension income may be added to the current employment figure. Specified cash savings may also be relevant, subject to the cash-savings rules, including the usual holding-period requirement and the specific exceptions.

The position is narrower for Part 2. Actual employment income in the previous twelve months may be combined with specified non-employment income and pension income received in that period, but not with cash savings. Savings therefore cannot cure a shortfall in the actual twelve-month income test.

A separate guide explains how to approach combining permitted income sources under Appendix FM.

10. Category B Specified Evidence

The specified evidence normally includes:

  • formal payslips covering each relevant period of employment relied upon in the twelve months before application;
  • a letter from every relevant employer confirming the employment, gross annual salary or income, length of employment, the period over which the relied-on pay level applied, and whether the employment was permanent, fixed-term or agency work; and
  • personal bank statements covering the same periods and showing the pay entering an account held by the person or jointly with their partner.

For employment outside the UK, reasonable equivalent evidence should be provided. Where the Rules require evidence for a period ending on the application date, the most recently dated item must generally be dated no earlier than 28 days before the application.

The current Home Office minimum income requirement guidance should be checked alongside the Rules.

11. Sponsors Returning to the UK

A sponsor outside the UK can rely on Category B without already being in UK employment at the application date. The case still has two limbs:

  • Part 1 – a confirmed offer of salaried or non-salaried employment in the UK, starting within three months of the sponsor’s return. The employer letter or contract must confirm the start date and pay. For non-salaried work, the calculation is based on the rate or amount of pay and the standard or core hours set out by the employer.
  • Part 2 – qualifying actual income received in the twelve months before application must meet the applicable threshold under the paragraph 15 calculation.

The applicant’s own prospective employment in the UK does not ordinarily satisfy the standard specified-income requirement for entry clearance.

12. Policy Context and the Current £29,000 Figure

The minimum income requirement for new partner-route applicants increased to £29,000 on 11 April 2024. Further staged increases announced by the previous government did not take effect.

The Migration Advisory Committee subsequently reviewed the family visa financial requirements. It presented different options and trade-offs and did not recommend a single replacement threshold. At the legal review date, the Immigration Rules continued to specify £29,000 for the post-11 April 2024 cohort, subject to the transitional and adequate-maintenance provisions described above.

13. Contact Our Immigration Barristers

Category B applications are document-sensitive and small differences in employment duration, pay structure or the evidence period can change the calculation. For expert advice and assistance with a Partner or Family Visa application relying on Category B employment income, contact our immigration barristers on 0203 617 9173 or complete our enquiry form.

14. Frequently Asked Questions

When is Category B used for a partner visa application?

Category B is commonly used where the current employment has been held for less than six months, or where it has been held for longer but the person does not rely on the Category A method.

Does variable income automatically mean Category B applies?

No. Variable or non-salaried income can be assessed under Category A where the current employment was held throughout the relevant six months and the six-month average meets the requirement.

What are the two parts of the Category B test?

Part 1 tests current annualised income and Part 2 tests permitted actual income received in the twelve months before the application. Both must meet the applicable threshold.

Can Category A and Category B employment income be combined?

No. If both applicant and sponsor employment income is relied upon, all of that employment income must be calculated under Category A or all under Category B.

How is current non-salaried Category B income calculated?

Where the current employment has been held for more than one month, average the gross monthly income over that current employment and annualise it. If it has been held for no more than one month, annualise the gross income from the immediately preceding period.

Can cash savings be combined with Category B income?

Cash savings may assist with Part 1 if the savings rules are met, but they cannot be added to the Part 2 actual-income total. Savings cannot cure a Part 2 shortfall.

Can the applicant rely on their own employment income?

An applicant in the UK who is aged 18 or over and working legally may rely on qualifying employment income. In an entry-clearance case, the applicant’s overseas employment income or prospective UK earnings do not count as specified employment income.

Can a sponsor who is overseas use Category B?

Yes. A returning sponsor may rely on a qualifying UK job starting within three months of return and must separately meet the actual twelve-month income test.

Is the financial requirement always £29,000?

No. £29,000 normally applies to first qualifying partner-route applications made on or after 11 April 2024. Eligible same-partner applicants continuing after a successful pre-11 April 2024 application may remain under the transitional threshold.

What evidence is normally required for Category B?

Normally, provide the relevant payslips, a compliant letter from each employer and matching personal bank statements. Overseas employment requires reasonable equivalent evidence, and the 28-day recency rule may apply.

Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.

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