Minimum income threshold: additional info for family visa applicants

Two months ago, the Home Office challenged the High Court’s 2013 ruling on the minimum income threshold for spouses/partners and their children. The outcome of the appeal is still being decided, but the government has published some extra info that will hopefully clarify things during this stressful time.

Minimum income threshold: additional info for family visa applicants

We know it’s a tough wait, but we’ll keep you informed of any and all developments until the outcome of the appeal is known. photo credit: Dustin Diaz via photopin cc

The income threshold affects non-EEA spouses/partners and their children who are applying to settle in the UK with someone who already lives there. Generally, these applications fall under Appendix FM of the Immigration Rules.

How the appeal affects applications

  • Until the outcome of the appeal is known, UK Visas and Immigration (UKVI) will continue to put on hold some spouse/partner and child applications for settlement visas/leave to remain.
  • If your application has been put on hold, it could, unfortunately, take a few months until UKVI reopens the case. This is because UKVI will not make a decision on your application until the High Court makes their decision. In all cases, you’ll be notified by UKVI in writing if your application has been put on hold.
  • UKVI has published info on the number of non-EEA applications on hold.

Which applications are put on hold?

  • If your application has been put on hold, it will be because you don’t meet the requirements for the minimum income threshold under Appendix FM of the Immigration Rules. You can find these rules in Appendix FM-SE.
  • If your application was turned down for a reason not relating to the minimum income threshold (eg. by not meeting English language requirements), your application will be processed and decided as normal.
  • Adoption applications made on or after 9 July 2012 are required to meet the minimum income threshold under Part 8 of the Immigration Rules.
  • Adult dependent relatives or spouses/partners who are subject to the two-year probationary period are not affected. They don’t fall under the income threshold requirement and will be assessed under the rules that apply to them.

Applications currently on hold

  • You can withdraw your application if it’s on hold, although UKVI won’t refund your application fee.
  • If you applied from outside the UK and want to get your passport back to travel, you can contact your visa application centre.
  • If you applied in the UK and want to travel outside the Common Travel Area, you can contact UKVI to return your passport.

New applications

  • If you want to submit a spouse/partner or child application under Appendix FM, you can still do so like you normally would. But, if the income threshold is the only requirement you don’t meet, your application will be put on hold until the outcome of the appeal is known.
  • If you meet all of the rules, including the income threshold requirement, UKVI will consider your application successful.

We know that this is a time of uncertainty and worry for many people waiting to hear the outcome of the appeal. We’ll endeavour to keep you updated on anything we hear. Stay tuned to our facebook page, where we’ll be keeping you informed about any updates to the appeal. 

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  • Ann

    Its criminal that the Threshold of income result is still not in. Why are people been kept in the dark. Is there no compassion for families, Children, soldiers that are deliberately been kept apart. By a ludicrous unrealistic rule.
    The lifes that are ruined through the of incompetent people. Who should be ashamed

    Theresa may has a lot to answer to. But how can you answer to something when you have no conscious or empathy of others suffering, I mean. What is she waiting for. End this suffering of separation. Its killing literally is killing people.
    Theresa may should step down. If she had any respect for herself she would. she is an absolute joke.
    The threshold of income is to prevent family migrants becoming a burden on the taxpayer and to help their integration into British society. What a complete and utter joke.
    EEA partner/spouses have no resources to public funds. Its stamped in there passport, and that.s for 5yrs
    What the home office does not tell people, Is they only want affluent people in this country. They admitted that when asked by the high court judge in march.
    I think Theresa may has lost touch with the real world and real people. because no one whom has any kind of compassion towards another human, would allow this to continue. When will this end. And why does no one intervene with what she has done. Cameron should sack her, but then he is no better.

  • Harvinder Kaur

    I work full time and my salary is £14,400 have a par time job also salary is very good but its not regular job its only sometimes i m going to my part time job when i m going my salary more then £19,000 but never get it for full 6 months have a daughter who is 4 years old now she was 1 when she stayed with her father and for 2 years i was away from her and now she is with me away from her dad. This stupid rules are stopping my life want 1 more baby but how. I daughter ask me every day when will her dad come ans join us and why i don’t have time for her how to explain that this rules are stopping her dad to come here. now thinking if we are not earning that much should we just don’t get married stay alone for our hole life. how are we are able to apply for benefits when they put a stamp on the visa not allow to apply public funds really don’t get there are so many immigrants coming to uk like from POLAND, ROMANIA many more why don’t they stop them for them they have open doors and making heard for there own peoples who are British then what’s the point of us being British. If i could ever get to see the people who put this rules i will want to ask them put them self in my situation what will they do. Me and my daughter is crying here and my husband in India. This rules have taken the most beautiful part of my life i was not able to see my baby grow and now that’s for my husband now and my lil baby have to stay without her father god know for how long. i am really very upset not only me and my family there are many more family’s who’s happiness have been taken from this rules then they says we never says that the GREAT BRITAIN (UNITED KINGDOM) IS NOT OUR COUNTRY HOW CAN WE WHEN THERE IS NO HOPES FROM THEM. This country have been belong to Poland, Romania etc…….. Sorry to say that but that’s the true.

  • UKTeaParty

    Rules are Rules end of Story