Introduced in July 2012, the financial requirements for family visas are set down in Appendix FM, which governs the criteria for obtaining various family visas in the UK. Our free guide below provides an in-depth look at this area, the requirements, evidence, and how it’s applied across the different UK family visas.
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Appendix FM refers to a specific section of the UK Immigration Rules that governs the requirements for family members who wish to join or remain with their settled or British family members in the UK. The term “FM” stands for “Family Members.” Appendix FM aims to establish the criteria and procedures for different types of family visa applications.
Under Appendix FM, individuals can apply for various types of family visas, including:
Appendix FM outlines the eligibility requirements, financial thresholds, and supporting documentation for these family visa applications. It also provides guidance on the English language requirements, accommodation, and other relevant factors. In this guide, we’re going to focus solely on the financial requirements. Below, we’ll examine what it is, who it applies to, and how you can satisfy it.
The financial requirement for family visas was introduced in 2012. For the first time, it set a minimum income requirement for family migration that needed to be met by all applicants unless they met one of the exemption criteria. The new approach is intended to prevent unfair burdens on the UK taxpayer and promote better social integration. The new approach was controversial and challenged legally, but the High Court ruled in 2017 that the new approach was indeed lawful. It also ruled that the rules didn’t violate Article 8 of the European Convention on Human Rights (ECHR), the right to respect for private and family life.
Unless you’re exempt from meeting the financial requirement, the minimum income required is £18,600. This figure is for Partners without any dependent children. However, if the application includes the sponsorship of a child or if the sponsor is already sponsoring a child, the minimum income requirement increases, necessitating a higher minimum income threshold. For the first child sponsored, an extra gross annual income of £3,800 is required on top of the partner’s income, and then an additional £2,400 for each subsequent child. Consequently, the financial requirement is as follows:
The financial requirement applies to all applicants for a UK visa as the partner or dependent child of someone who is either a British Citizen, present and settled in the UK, or in the UK with refugee leave or humanitarian protection. The requirement applies to all application types, including entry clearance (from overseas), leave to remain (from within the UK), and indefinite leave to remain (to obtain permanent residency).
On a practical level, the financial requirement will impact all applications for:
While most applicants must meet the financial requirements in Appendix FM, some are exempt from this rule. These exemptions are based on whether the UK sponsor receives any of the benefits listed below. They are exempt from the minimum income threshold if they receive one or more benefits. Instead, they must satisfy a lower threshold by demonstrating that they can provide adequate maintenance and accommodation without relying on public funds.
The income of the applicant and the partner (the UK sponsor) can be used to satisfy the financial requirement, providing the income is earned in the UK. Somewhat perversely, where the income is earned overseas, only the British/Settled partner’s income is considered. It is also important to note that other different requirements must be met based on whether your income is from within the UK or overseas. For example, if you’re using income from overseas, you must meet the earnings requirement and have a job offer starting within 3 months of your return date. There are significant practical challenges with obtaining a job offer from overseas, so it might not always be feasible to return together. So, while it’s possible to use income from both the UK and overseas, it’s considerably easier if the income has been earned within the UK.
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Once you’ve ascertained whether you need to satisfy the financial requirement and calculated the minimum income you need to show, you need to assess whether you can meet this threshold. Five different income types are accepted under Appendix FM:
As part of the application process for your UK family visa, you will need to prove and evidence that you have met the financial requirement. The evidence varies by income type, so your circumstances will dictate what information needs to be supplied. In the paragraphs below, we look at what documentation is required for each of the 5 main income types. You can provide income from one source or use a combination of the different sources to meet the financial requirement, provided you can supply the required evidence for each source. It’s also possible to use income earned from within the UK or overseas, although there are additional requirements for overseas earned income.
Income from salaried or non-salaried employment in the UK can be used to satisfy the financial requirement. Salaried income is considered consistent income, paid at regular intervals and as detailed in your employment contract. In contrast, non-salaried income is paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary) or an amount that varies according to the work undertaken. The calculation and the documents required will vary based on the country of income and your length of time with the employer. It’s a very complex area and one we’re happy to discuss with you by phone if you need assistance. Alternatively, you can access the information on Appendix FM using this link.
Most applications that include income from salaried or non-salaried employment will require the following documents to be supplied:
There’s a fairly exhaustive list of different types of income that can contribute towards your income specified in Appendix FM. These income types are:
Income from each source must be evidenced through official correspondence and bank statements showing receipt of the payment(s).
If you or your partner have cash savings, you can use these to meet the financial requirements. You must have a minimum of £16,000 in savings, and any amount above this can be used to make up any shortfall in your income. To calculate the usable amount of savings, you should subtract £16,000 from your total savings, then divide the result by 2.5 (the duration of the initial Spouse Visa in years). The result of this calculation can be added to your annual income to meet the financial requirement. To be clear, if you want to rely only on savings to satisfy the financial requirement in Appendix FM, you will require a minimum of £62,500. This number increases depending on the number of applicants (e.g., £72,000 for one adult and one child applying).
To be eligible for consideration, savings must have been held in your account for at least 6 months. You’ll need to provide bank statements for the entire period to evidence these savings.
If you or your partner receive a pension, you can use the annual pension amount to meet the financial requirement in full or in part. The annual pension income may be counted where the pension has become a source of income at least 28 days before the application. Pension income must be proven by supplying official correspondence from the pension provider and bank statements showing receipt of the pension payment.
Where income is being claimed from self-employment, or the applicant or sponsor is either the director or employee (or both) of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement. Alternatively, it is also possible to use an average of the last 2 full financial years to meet the financial requirement. Evidence will need to be in the form of personal self-assessment tax returns, company tax returns (CT600), and audited or unaudited accounts for the relevant period. Both personal and business bank statements should also be included as supplementary evidence.
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