In a move aimed at reducing legal migration numbers to the UK by around 300,000, while social care workers will not be permitted to bring dependents to the UK from Spring 2024, there was no announcement regarding limitations on dependents for Skilled Workers or Global Business Mobility Migrants.
However, the increase in the minimum income threshold for family visas under Appendix FM from £18,600 to £38,700 will introduce a financial barrier for many British citizens, or those settled in the UK, seeking to sponsor a spouse, partner or fiancée.
According to the Migration Observatory, just under 70% of British employees working in the UK earned less than the new income threshold in 2023 and the increased income threshold will disproportionately impact certain demographic groups. Specifically, while approximately 60% of men earn less than the new income requirement, this percentage rises to over 75% for women. Moreover, nearly all part-time employees earn below the threshold, effectively restricting the ability of migrant dependents to reside in the UK to full-time workers.
Recalling the Supreme Court’s judgment in MM (Lebanon) [2017] UKSC 10, the increase in the partner visa minimum income requirement is arguably incompatible with Article 8 of the European Convention on Human Rights and will, no doubt, be subject to legal challenge.
However, more immediately, applicants who fear that they may not be able to satisfy the new financial requirement may wish to consider applying for their spouse, partner, fiancée to join them before the new income requirement is introduced in Spring 2024.
Family members who are not able to apply before the new rules are introduced and who are not able to satisfy the new financial requirement for a UK spouse, partner or fiancée visa may still be able to enter or remain in the UK by relying on third party support or by invoking an exception to the financial requirement. Due to the complexity of such applications, we recommend that anyone considering an application on either of these bases seeks legal advice.
