2024 UK immigration changes for family visas

UPDATED 15 MARCH

Minimum income requirement will keep rising for family visas

The minimum income requirement for British and resident people to sponsor a partner on a family visa leaps up from £18,600 to £29,000 for applications made on or after 11 April 2024. There will be no additional income requirement for children.

This controversial change deprives many couples of this five-year route to settlement. The Home Office’s own audit found that 40 to 50% of the UK working population will not be able to meet this new threshold based on earnings alone.

Rental income, self-employment and savings can be used to prove someone can support their loved one if they do not meet the earnings threshold. Yet the amount can be prohibitive. For every two and a half years of the partner visa, a British worker earning £22,000 rather than the required £29,000, for example, would have to pay the £7,000 shortfall multiplied by two and a half plus a sum of £16,000 – so £33,500. This rises up to £88,500 if the couple are coming back to the UK and the British partner does not have a job offer as well as 12-months’ salary.

The Explanatory Memorandum published with the Statement of Changes sheds light on how that might work out: “Existing exceptional circumstances and the need to safeguard and promote the welfare of children continue to apply. Those unable to meet the minimum income requirement may still be granted leave where: there are insurmountable obstacles to family life with their partner continuing outside the UK; it would not be reasonable for their child to leave the UK; or there are exceptional circumstances which would render refusal of the application a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family.”

Those already holding a family visa, granted a fiancé visa before the threshold hike or applying before the impending income threshold increase this spring, will continue to have visa applications assessed against the current £18,600 requirement.

The Home Secretary initially announced that the threshold for new applications would be raised to match the new median wage threshold for Skilled Worker visas of £38,700. Following a massive outcry, this is now set to be implemented in stages (barring any change of heart from a new government with elections due this year): initially the minimum income requirement rises to £29,000 from 11 April 2024, then again in the Autumn to £34,500 and then in Spring 2025 it is due to hit £38,700.

£38,700 will put the minimum income threshold out of reach of 70% of British workers.

If you are concerned or would like to discuss any of these changes, alternative work and personal immigration solutions or indeed any UK immigration matters, please do not hesitate to contact us on 0207 033 9527 or at enquiries@vanessaganguin.com. 

Immigration Health Surcharge raised

The Immigration Health Surcharge, compulsory with most visa applications, is set to increase from £624 per year to £1,035 per year (£470 per year to £776 per year for children, students, youth mobility workers).

The increase in this fee to use the National Health Service was due to be implemented on 16 January if it progressed through Parliament in time. The soonest it will now happen will be early February, as it will come into force 21 days after parliamentary approval and an order being made.

No dependants allowed for carers and most students

Care workers – including senior care workers – will no longer be able to bring family dependants to the UK on sponsored work visas. Those already on this immigration route before the changes take effect may still bring dependants to Britain, including when extending their visa, changing employer (within the same Standard Occupational Classification) and applying for settlement.​ However employees in the UK on any other immigration route, including where that route permits dependants, who switch into the Skilled Worker category as a care worker after the rules change, will not be able to stay with (or bring over) dependants which could break up families that are already here together. This will all be implemented “as soon as possible” in 2024.

Also from January 2024, international students are no longer able to bring dependants with them to the UK unless they are enrolled in a postgraduate course designated as a research programme. Eligible programmes include PhDs and other doctoral qualifications or masters programmes with a research component, including a requirement to produce original work. This restriction applies for all international students starting courses from 1 January 2024.

Please do not hesitate to contact us if you have any concerns. To speak to one of our UK immigration experts contact us on 0207 033 9527 or at enquiries@vanessaganguin.com for a free initial consultation.